PLEASE CAREFULLY READ THIS PROGRAM TERMS OF USE/LICENSE AGREEMENT ("AGREEMENT") BEFORE DOWNLOADING, ACCESSING, ACTIVATING, REGISTERING FOR, OR OTHERWISE USING DASH CAMERA VIEWER OR ITS RELATED DOCUMENTS, SERVICES OR CONTENT (THE "PROGRAM") DEVELOPED BY DENSO TEN Limited (THE "COMPANY", "WE" OR "US") FOR TOYOTA MOTOR CORPORATION AUSTRALIA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION COLLECTED, USED, TRANSMITTED OR RETAINED BY THIS PROGRAM, DO NOT DOWNLOAD, ACCESS, ACTIVATE OR REGISTER FOR THE PROGRAM OR ITS RELATED SERVICES. BY CLICKING ON THE "DOWNLOAD" BUTTON OR USING THE PROGRAM, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. THE PROGRAM IS OWNED OR LICENSED AND OPERATED BY DENSO TEN Limited WITH A BUSINESS ADDRESS AT 3 TARAS AVENUE, ALTONA NORTH, VICTORIA 3025, AND/OR ITS THIRD-PARTY PROVIDERS. YOUR ACCESS TO AND USE OF THE PROGRAM IS SUBJECT TO THIS AGREEMENT AND ALL APPLICABLE LAWS.
1)Scope of License and Terms of Service
You understand and agree that the Program is licensed, not sold, to you for use with a Toyota dash camera accessory (the "Dash Camera") and only as outlined in this Agreement. We reserve all rights not expressly granted to you. The Company and/or its licensors own, or have the right to license, the Program and all underlying content, information, Programs, and intellectual property. This license is limited to a non-transferable license to use the Program on the applicable computer that you own or control, in accordance with this Agreement. This license is between the Company and you and is effective until terminated by the Company or by you. This license does not allow you to use the Program on a device that you do not own or control, and you may not distribute or make the Program available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Program. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the Program, any updates, or any part thereof. You acknowledge that this Program uses the Google Maps API of Google Inc. and you agree to be bound by the Google Inc. Google Maps / Google Earth APIs Terms of Service (https://developers.google.com/maps/terms). As between the Company and Google, the Company is solely responsible for providing any maintenance and support services with respect to the Program; you acknowledge that Google has no obligation whatsoever to furnish any maintenance or support services with respect to the Program.
2)Eligibility, Installation, and Use
Eligibility. The Program is intended for and available to individuals (i) who are of legal age of majority in their jurisdiction of residence (and at least 18 years of age); (ii) who own or have a compatible computer; and (iii) who own or have access to a compatible Toyota vehicle equipped with the Dash Camera.
a)Installation. You may install the Program on your compatible computer by following the installation instructions as outlined in the owner's manual of the Dash Camera accessory.
b)Unauthorized Use. You are responsible for your (and any authorized third parties') use of the Program in compliance with this Agreement. You acknowledge and agree that any use of the Program occurring through your installed Program shall be deemed to be your actions and that the Toyota Parties (as defined below) may rely upon such actions. You are solely responsible for protecting the security of the installed Program on your computer.
c)Uninstalling the Program. To uninstall the Program from your computer, follow the directions within the instruction guide for your computer. If you uninstall the Program from your computer, you will not be able to use the Program to access the Dash Camera on the equipped vehicle.
d)Updates to the Program. The Program may be updated for certain reasons, including, without limitation, to increase Program functionality, to patch or improve Program stability, new versions, and the like (collectively, "Updates"). By installing the Program, you agree to such automatically requested and received remote Updates, and that such Updates are subject to this Agreement.
3)Privacy/Information Collection, Use, Transmission and Storage of Data
a)Information Collected and Used by Us. No personal information is collected during download or usage of this Program.
b)Information Storage. No information is collected or stored by us during download or usage of this Program.
4)Camera WIFI Password
As an Authorized User, you will be granted access to modify or reset the Dash Camera WIFI password. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. You agree not to modify or reset the password of another Dash Camera without permission or to disclose your password to any third party. The Company and its third party beneficiaries cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5)Restrictions on Use of this Program
As a condition of using this Program, you agree that you may not and will not:
a)Copy, download, distribute, modify, publish, sell, license, use, reuse, or create derivative works of the Program or any of the content or other material within the Program, including without limitation, the respective copyrighted materials, names, logos, or other trademarks of the Company, Toyota Motor Corporation Australia, or Toyota Motor Corporation, except solely to use the Program in accordance with its instructions;
b)Access or use this Program in any way that could or is intended to damage or impair the operation of this Program, or any content of or material displayed in this Program, or any server or network underlying this Program, or interferes with anyone else's use and enjoyment of this Program;
c)Access or attempt to access any data, information, system, or servers from which this Program is downloaded or modify or alter this Program in any way;
d)Use the Program for any commercial or unlawful purpose, or in violation of any third party rights;
e)Use the Program in violation of any applicable traffic regulations and driver distraction laws, rules and regulations;
f)Violate the terms of this Agreement or any of the third party Programs' applicable terms of use and privacy policies. The Company reserves the right to suspend or terminate your participation in the Program if you are found to be in violation of this Agreement.
6)No Warranty
You understand and agree that your use of the Program is solely at your own risk and that you will be solely responsible for any damage or loss of data that may result from your use of the Program. The Program and its content are provided on an "as is" and "as available" basis without any warranty of any kind, express, implied or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company and its third party beneficiaries make no warranties that the Program or any material obtained through it, as described herein, will meet your requirements, or that the Program will be uninterrupted, timely, secure, non-infringing or error free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for use of the Program. No advice or information, whether oral or written, obtained by you from us or through the Program shall create any warranty not expressly made herein. You may not rely on any such information or advice. We assume no liability or responsibility for any errors or omissions in the content of the Program. The Company and its third party beneficiaries do not make any warranty or representation that your use of the material displayed on, or obtained through, the Program is non-infringing of any rights of any third party. Any decision or action taken by you on the basis of information or content provided via the Program is at your sole discretion and risk. The Company and its third party beneficiaries are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content or information displayed, transmitted, or otherwise made available via the Program.
7)Limitation of Liability
Except in jurisdictions where such provisions are restricted, you agree that the Company and its third party beneficiaries entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the Program and/or for any breach of this Agreement is solely limited to the amount equal to the portion of the charges to you for the services relating to the period of service during which such damages occur. Except in jurisdictions where such provisions are restricted, the Company and its third party beneficiaries and the Company's licensors and contractors (including any third parties providing all or part of services related to the Program) shall not be liable for any indirect, incidental, special or consequential damages even if the Company and its third party beneficiaries and the Company's licensors and contractors (including any third parties providing all or part of services related to the Program) have been advised of the possibility of such damages. To the extent that a jurisdiction does not permit the exclusion or limitation of liability as set forth herein our liability is limited to the maximum extent permitted by law in such provinces and/or states. You understand that the uploading of information to your computer in connection with this Program is at your own risk and that the Company and its third party beneficiaries are not responsible for unauthorized access to or use of any personal or other information.
Notwithstanding anything else in this agreement, you agree to excuse any non-performance by the Company and its third party beneficiaries or any service provider caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond the control of the Company, its third party beneficiaries and it's service providers.
You agree that neither the Company, its third party beneficiaries nor any of its service provider is liable for any errors, defects, problems, or mistakes in the data or information accessed through the Program. Notwithstanding anything else in this Agreement, you agree to excuse any non-performance by the Company and its third party beneficiaries or any service provider caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond the control of the Company, its third party beneficiaries and its service providers.
You agree that the limitations of liability and indemnities in this Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to you, but to anyone using your vehicle, the Dash Camera, or the Program, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to this Program, or the Dash Camera.
Some provinces or states do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.
8)Release
You hereby release and discharge the Company, its third party beneficiaries to this agreement and the Company's licensors and contractors (including any third parties providing all or part of services related to the Program) from and against any claims, damages, expenses and liability arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or part, directly or indirectly, from your use of the Program.
9)Indemnity
You agree to indemnify and hold harmless the Company and its third party beneficiaries from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to your acts and omissions, your use of the Program, your breach of this Agreement, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
10)Termination
This Agreement is effective until terminated by you or the Company. We may terminate this Agreement for any or no reason, and with or without notice to you. Your rights under this Agreement will terminate automatically without notice from the Company if you fail to comply with any term of this Agreement. Upon termination of this Agreement, you shall cease all use of the Program.
11)Changes to this Agreement and/or the Program
We may change, modify, or update this Agreement and/or the Program, including the Program features, from time to time. If applicable, you will be notified that a new version of the Program is available and you will be asked if you wish to upgrade to a new version of the Program. If you use the Program after the upgrade in the Program or change(s) to this Agreement, you agree to such change(s) and its applicability to you. Unless explicitly stated otherwise, any new features or services that augment or enhance the Program in the future shall be considered part of the Program and subject to this Agreement. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, the Program (or any portion thereof), with or without notice to you, and you agree that the Company and its third party beneficiaries shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Program.
12)Disputes/Arbitration
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION,WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE APPLICATION TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
It is our goal that the Application meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to DENSO TEN AUSTRALIA PTY.LTD., 3 TARAS AVENUE, ALTONA NORTH, VICTORIA 3025. You then agree to negotiate with us in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Application and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Denso Ten or our third party beneficiary’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by us, its third party beneficiaries and/or the applicable third party(ies).
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT.
If you do not agree to this mandatory arbitration provision with regard to your use of the Application, then prior to downloading, registering for and using the Application, you may opt-out of this part of the Agreement by sending written notification to the following address: DENSO TEN AUSTRALIA PTY.LTD. , 3 TARAS AVENUE, ALTONA NORTH, VICTORIA 3025.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATION, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
In no event shall any claim, action or proceeding by you related in any way to the Application or this Agreement be instituted more than three (3) years after the cause of action arose.
13)Miscellaneous
For the purpose of this Agreement, "Equipment" shall mean any hardware, software or networks associated with bringing you the Application, including, but not limited to, your mobile device and your Dash Camera.
Assignment: You may not assign this Agreement without our prior written consent.
Entire Agreement: This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
Governing Laws: THIS AGREEMENT IS SUBJECT TO THE LAWS (EXCLUDING CONFLICTS OF LAWS PROVISIONS) OF THE COMMONWEALTH OF AUSTRALIA.
Export Control Laws: You acknowledge that the laws and regulations of the Commonwealth of Australia and other countries may restrict the export and re-export of the Application. You agree that you will not export or re-export the Application in any form or to any recipient whether inside or outside the Commonwealth of Australia in violation of applicable the Commonwealth of Australia and foreign law.
Your Representations and Warranties. By downloading the Application, you represent and warrant that (i) you are not located in a country that is subject to an Australia Government embargo, or that has been designated by the Australia Government as a "terrorist supporting" country; and (ii) you are not listed on any Australia Government list of prohibited or restricted parties.
Responsibility. You acknowledge that Apple is not responsible for addressing any claims relating to the Application or your possession or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, as between Apple and Denso Ten will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
Third-Party Beneficiaries. YOU ACKNOWLEDGE AND AGREE THAT, AS APPLICABLE, TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE DISTRIBUTORS, DEALERS, DEALER ASSOCIATIONS AND ADVERTISING AND PROMOTIONS AGENCIES, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, (HEREINAFTER REFERRED TO AS THE "TOYOTA PARTIES")APPLE AND APPLE'S SUBSIDIARIES, GOOGLE AND GOOGLE'S SUBSIDIARIES, AND ALL OTHER SERVICE PROVIDERS TO DASH CAMERA APPLICATION AND SERVICE, ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT AND THAT, UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE TOYOTA PARTIES, APPLE, GOOGLE, AND SERVICE PROVIDERS, AS APPLICABLE, WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THIS AGREEMENT AGAINST YOU AS A THIRD-PARTY BENEFICIARY THEREOF AND THAT THE BENEFIT OF THE LIMITATION OF LIABILTY PROVISIONS IN THIS AGREEMENT EXTEND TO THE THIRD PARTY BENEFICIARIES.
Additional Provisions: The Application is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
14)Contact Us
If you have any questions, complaints or claims about the Application, or if you are having any technical difficulties with the Application itself, please contact us at TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED., Guest experience centre 1800 869 682