End User License Agreement

This End User License Agreement ("EULA") is between you and Dart Technologies, Inc. ("Dart Technologies", "we", "us") and governs your use of the Browse app for Android Automotive OS ("Browse"). By installing or using Browse you agree to this EULA. If you don't agree, don't install or use Browse.

1. Licence

Subject to this EULA, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use Browse, in object-code form, on vehicle infotainment systems that you own or are authorized to use, as obtained from an authorized in-vehicle app store. We reserve all rights not expressly granted.

2. Restrictions

Except where applicable law or an open-source licence expressly allows it, you must not:

• copy, modify, translate or create derivative works of Browse;
• reverse engineer, decompile or disassemble Browse;
• rent, lease, lend, sell, sublicense or redistribute Browse;
• remove or alter any proprietary, copyright or licence notices; or
• use Browse in violation of any law or to interfere with any vehicle system, network or service.

3. Open-source software

Browse includes open-source components licensed under their own terms, listed on our open-source page. Those licences govern your use of those components, and nothing in this EULA limits rights they grant you.

4. Safe use while driving

Use Browse only when it is safe and legal to do so. Browse limits video and covers the driver's display while your vehicle reports driving restrictions, but these features are a safety aid. They do not replace your attention to the road, and they depend on signals your vehicle provides. You are responsible for obeying traffic laws and for the safe operation of your vehicle at all times.

5. Websites and third-party content

Browse gives you access to websites and services operated by others. We don't control them and aren't responsible for their content, availability, accuracy, privacy practices or terms. Your use of them is at your own risk and subject to their terms.

6. Privacy

Our Privacy Policy explains what information Browse handles and how.

7. Updates and availability

We may update Browse to fix problems, improve security or change features, and updates are delivered through your in-vehicle app store. Some updates may be required to keep using Browse. We may change, suspend or discontinue Browse or any feature at any time, and Browse may not be available in every vehicle or region.

8. Ownership

Browse and all intellectual property rights in it are owned by Dart Technologies and its licensors. This EULA doesn't grant you any right to use our names, logos or trademarks.

9. Feedback

If you send us suggestions or feedback, we may use them without any obligation to you.

10. Export control and sanctions

Browse is subject to U.S. export control and sanctions laws. You represent that you are not located in, ordinarily resident in, or a national of a country or region subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government list of prohibited or restricted parties. You must not use, export or re-export Browse in violation of those laws.

11. Disclaimer of warranties

To the maximum extent permitted by law, Browse is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't warrant that Browse will be uninterrupted, error-free or compatible with every vehicle or website.

12. Limitation of liability

To the maximum extent permitted by law, Dart Technologies will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or revenue, arising from or related to Browse or this EULA. Our total liability for all claims relating to Browse will not exceed the greater of the amount you paid for Browse, if any, and US$100.

Proposed, pending counsel review: a US$100 floor. Browse is free, so a cap tied only to the price paid would be zero, which courts can treat as unconscionable; section 13 keeps non-waivable consumer rights.

13. Consumer rights

Some jurisdictions don't allow certain warranty exclusions or liability limits. Nothing in this EULA limits rights you have under consumer protection laws that cannot be waived by contract.

14. Termination

This EULA applies until terminated. Your rights end automatically if you fail to comply with it. You may end it at any time by uninstalling Browse. Sections 3 and 8 to 16 survive termination.

15. App stores and vehicle makers

The operator of the app store you got Browse from and the maker of your vehicle are not parties to this EULA and are not responsible for Browse, its maintenance or support, or any claims relating to it. Dart Technologies alone is responsible for Browse as between us and those parties.

Where the terms of the app store you got Browse from require it, that store's operator is a third-party beneficiary of this EULA and may enforce it against you. No one else is a third-party beneficiary.

Proposed, pending counsel review: match the minimum terms in each in-vehicle store's distribution agreement. If an agreement requires more (for example, that the operator has no warranty or support obligations), add it here in that agreement's words.

16. Governing law and disputes

This EULA is governed by the laws of the State of New York, USA, without regard to its conflict-of-law rules. The state and federal courts located in New York County, New York have exclusive jurisdiction over any dispute arising from this EULA or Browse. If you are a consumer, you may also bring proceedings in the courts where you live, and the mandatory consumer-protection laws of your country continue to apply. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Proposed, pending counsel review: New York law and courts assume a New York principal place of business; use the state of incorporation instead if it differs. No arbitration clause or class-action waiver is proposed: for a free app distributed worldwide they add enforcement risk in the EEA, UK and India for little benefit.

17. Changes

We may update this EULA. If we make material changes, we'll post the new version on this page with a new date, and your continued use of Browse after it takes effect means you accept it.

18. Contact

Dart Technologies, Inc. · support@dart.art