Blah, blah, blah:
Basically, we will not be held responsible for any weight errors you may enter into the calculator that result in false maximum towing capacities. The calculator's results are only as accurate as the true and correct weight numbers you enter into it. If instructions are not followed, or if fictitious weight entries are used, it is not our fault or responsibility.
Math does not make mistakes, people do.
You are welcome to continue reading.
May 1, 2017
To use the enclosed Fifth Wheel Street's ('FWS') RV Tow Check Software (the "Software"), you must first agree to the End User License Agreement ('EULA') below. You may not use the Software if you do not accept the EULA. You can accept the EULA by: i) clicking to accept or agree to the EULA, where this option is made available to you by FWS in the Software; or ii) installing or using the Software. In so doing, you understand and agree that FWS will treat your use of the Software as acceptance of the EULA from that point onwards. You may not use the Software and may not accept the EULA if: i) You are not of legal age to form a binding contract with FWS, or ii) You are a person barred from receiving the Software under the laws of the United States or other countries including the country in which you reside or from which you access the Software.
By agreeing to the EULA, you acknowledge that i) FWS is not responsible for any Third Party content; ii) the Software may collect and use data for which FWS respects privacy rules; iii) for some features of the Software, you will need to have wireless internet, and data connection enabled on your mobile device (using wireless internet may result in data charges from your mobile service provider for which FWS is not responsible).
FWS's terms and conditions on FWS’s website and any of FWS's associated pages are hereby incorporated by reference to the EULA and therefore form a binding agreement. We regularly update the EULA and the website and encourage you to visit those pages.
END-USER LICENCE AGREEMENT FOR RV TOW CHECK® SOFTWARE
Please read the following agreement ("License") carefully.
License: FWS grants you, as an individual, a non-exclusive, non-transferable right and license to install and use one copy of the Software on a single device at a time. Your license to use the Software is subject to you complying with the terms of this License. A license is required for each installation of the Software. You may make one copy of the Software for backup purposes only.
Copyright: United States copyright law and international treaty provisions protect the Software and the data transmitted by the Software. You agree that no title to the intellectual property in the Software or the data is transferred to you. You further acknowledge that title and ownership rights will remain the exclusive property of FWS or its licensors, and you will not acquire any rights to the Software or the data except as expressly set out in this license. You agree that any copies of the Software will contain the same proprietary notices that appear on and in the Software. The Copyright to the Software is held by Fifth Wheel Street, 5753 Highway 85 N, #3702, Crestview, FL 32536 USA. Full contact details are available at FifthWheelSt.com/contact_us.html.
Prohibited Use: Unless you have FWS’s prior written permission, you may not (i) use, copy, modify, alter, or transfer the Software or accompanying documentation, except as expressly permitted in this License; (ii) translate, disassemble, decompile, or reverse engineer the Software (iii) sublicense or lease the Software or its documentation; or (iv) use the Software in a multi-user or networked environment or on a rental basis or in a time-sharing or computer service business.
Limited Warranty: FWS warrants that the Software will perform substantially in accordance with the applicable documentation for a period of 30 days from the date of purchase. Any implied warranties relating to the Software are limited to such 30-day period provided that limitation is permitted by applicable law.
End-User Remedies: If the Software does not conform to the "Limited Warranty" above, FWS’s entire liability and your sole and exclusive remedy will be, at FWS’s option, either to (i) correct the error, or (ii) help you work around the error, or (iii) accept a return and issue a refund through your retailer. The Limited Warranty is void if the failure of the Software has resulted from your fault, abuse, or misapplication. If we correct an error in the Software for you, then the unexpired portion of the Limited Warranty period as at the date you informed us of the error will apply to the corrected software once you have received the corrected version.
NO OTHER WARRANTIES: EXCEPT AS SET OUT IN THE LIMITED WARRANTY, FWS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE. FWS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty may last or an exclusion of incidental damages. This means the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights depending on your country.
No Liability for indirect loss: In no event, will FWS be liable to you for any loss of profit, wasted time, lost business or for any incidental, or indirect loss of any kind arising out of the performance or use of the Software or the data, even if FWS has been advised of the possibility of such damages.
Warning: The Software only helps to calculate realistic vehicle towing capacity. You must respect the vehicles manufacturer owner’s manuals and all applicable cautions, warnings, and trailer weight ratings (TWR), and use the Software with common sense. The reality observed in the vehicles owner manuals, and the traffic rules and regulations, always take precedence over the information provided by the Software or the data. You must always avoid exceeding the vehicles’ weight safety ratings and control your vehicle and your speed. You must be able to react properly and execute every appropriate maneuver. You must adopt at all times a prudent and respectful behavior with respect to other vehicles and pedestrians. FWS shall not be held responsible for any information provided by the Software including, data calculations. Your use of the RV Tow Check application is at your sole risk.
Termination: Without prejudice to its other rights, FWS may terminate this License if you fail to comply with these terms and conditions. In that situation, you must destroy all copies of the Software.
Limitations on Export: You hereby expressly agree not to export or re-export the Software, in whole or in part, in violation of any export laws or regulations of the United States.
U.S. Government Restricted Rights: The Software is provided with restricted and limited rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as outlined in the appropriate subparagraphs of the Commercial Computer - Restricted Rights clause at 48 C.F.R. 52.227-19 or in the appropriate subparagraphs of the Rights in Technical Data and Computer Software clause at 252.227-7013 of the Defense Federal Acquisition Regulations.
Choice of Law: For Products sold in North America: This License is governed by the laws of the State of Florida, USA.
Date: This EULA was last updated on May 1, 2017.
Copyright © 2017, Fifth Wheel Street: Neither the names Fifth Wheel Street or Fifth Wheel St. or RV Tow Check nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL FWS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright 2017. Fifth Wheel Street and RV Tow Check
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions
FOR SOFTWARE DOWNLOADED FROM APPLE APP STORE:
All the Terms of the above EULA apply. Also, specific terms for the iOS Products apply below.
The Scope of License: The license granted to You for the Software is limited to a non-transferable license to use the Software on any iOS Product that You own or control and as permitted by the Usage Rules outlined in the App Store Terms of Service. Please refer to the App Store Terms of Service for more information.
Maintenance and Support: FWS is solely responsible for providing maintenance and support services with respect to the Software as required under applicable law. Apple has no obligation to furnish any maintenance and supports services with respect to the Software
Warranty: The above warranties apply. In the event of any failure of the Software to conform to the above applicable warranty, You may notify Apple and Apple will refund You the purchase price for the Software, to the maximum extent permitted by applicable law. FWS will not refund the Software. Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, liabilities, damages, costs or expenses attributable to any failure to conform to the warranty shall be FWS’s sole responsibility.
Product Claims: You acknowledge that FWS, not Apple, is responsible for addressing any of Your or any Third Party claims relating to the Software possession or use, including but not limited to i) product liability claim, ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, and iii) claims arising under consumer protection or similar legislation.
Legal compliance: You represent and warrant that i) You are not located in a country subject to a U.S Government embargo, or that has been designated by the U.S Government as a "terrorist-supporting" country and ii) You are not listed on any U.S Government list of prohibited or restricted parties.
Intellectual Property Rights: You acknowledge that in the event of any claim that the Software or your possession and use of the Software that may infringe on any Third Party Intellectual Property Rights, FWS and not Apple shall be solely responsible for the investigation, defense, settlement, and discharge of such Intellectual Property Infringement claim.
Third Party Beneficiary: FWS and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the E.U.L.A. upon Your acceptance of the terms and conditions of this E.U.L.A. Apple will have the right to enforce the E.U.L.A. against You as a third-party beneficiary thereof.
END USER LICENSE AGREEMENT FOR FWS DATA:
This license applies to FWS Data included in your Software, if any, as well as to FWS data you obtain separately that is formatted for use with your Software.
The data ("Data") is provided for your personal, internal use only and not for resale. It is protected by copyright and is subject to the following terms and conditions which are agreed to by you, on the one hand, and FWS Technologies Inc. ("FWS") and its licensors (including their licensors and suppliers) on the other hand.
Copyright © 2017, Fifth Wheel Street
Personal Use Only: You means “you” as an End-user or as a "Company" on behalf of its End-Users which are subject to either a Non-Disclosure Agreement as Employees or a License Agreement that contains the same restrictions as herein as a Value Added Reseller. Also, as used in this EULA, "personal use" can also be understood in more general terms as for a Company’s use. You agree to use this Data together with RV TOW CHECK for the solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to reproduce otherwise, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Warning: Entering inaccurate data or incomplete information which may be due to reading wrong vehicle ratings, gross vehicle weight, and the TWR, will lead to incorrect results. The RV Tow Check Data is based on the SAE J2807 guidelines. It is provided without a warranty of any kind. The user assumes full responsibility for any delay, expense, loss or damage that may occur because of use of the Data.
No Warranty: This Data is provided to you "as is," and you agree to use it at your own risk. FWS and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty: FWS AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories, and Countries do not allow certain warranty exclusions, so to that extent, the above exclusion may not apply to you.
Disclaimer of Liability: FWS AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF FWS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories, and Countries do not allow certain liability exclusions or damages limitations, so to that extent, the above may not apply to you.
Export Control: You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules, and regulations.
Entire Agreement: These terms and conditions constitute the entire agreement between FWS (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law: These above terms shall be governed by and construed in accordance with the laws of the State of Florida and the United States of America and all other applicable laws of other world countries, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Okaloosa County, Florida, USA and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.