Manhole Quest – End-User License Agreement (EULA)
THIS IS AN AGREEMENT BETWEEN YOU AND EMONSTER, INC. (“EMONSTER”) GOVERNING YOUR USE OF THE MANHOLE QUEST APPLICATION (THE “SOFTWARE”). BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS END-USER LICENSE AGREEMENT (“AGREEMENT”), TOGETHER WITH EMONSTER’S TERMS OF SERVICE AND PRIVACY POLICY, EACH INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SOFTWARE AND MUST UNINSTALL IT FROM ANY DEVICE YOU OWN OR CONTROL.
1. License Grant. Subject to your full and ongoing compliance with this Agreement and the Usage Rules set forth in the App Store Terms of Service, emonster grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software, in machine-executable object-code form only, on an iOS device that you own and control, solely for your personal, non-commercial use.
2. Restrictions. Except as expressly permitted by this Agreement, you may not, and you may not permit any third party to: (a) use, copy, modify, adapt, translate, or create derivative works based on the Software; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or structural framework of the Software; (c) rent, lease, lend, sell, sublicense, distribute, transfer, or otherwise make the Software available to any third party; (d) use the Software for any commercial purpose; or (e) circumvent, disable, or interfere with any security-related features or usage restrictions embedded in or provided with the Software.
3. Eligibility. You must be at least thirteen (13) years of age, or the age of majority in your jurisdiction, whichever is greater, to use the Software. By using the Software, you represent and warrant that you meet this requirement and that you are legally able to enter into this Agreement. Any person who does not meet these requirements, or who uses the Software in violation of this Agreement, may be restricted or banned from Manhole Quest and from other emonster services.
4. Ownership. The Software is licensed, not sold, to you. emonster and its licensors own all rights, title, and interest in and to the Software, including, without limitation, all copyrights, trademarks, trade secrets, patents, user interface design, icons, graphics, animations, text, and all other content and materials incorporated within or displayed by the Software. The Software is protected by U.S. and international copyright and other intellectual-property laws and treaties. emonster reserves all rights in and to the Software not expressly granted to you under this Agreement.
5. Feedback. If you choose to provide emonster with any suggestions, ideas, feedback, or other information regarding the Software (collectively, “Feedback”), you hereby grant emonster a perpetual, irrevocable, worldwide, royalty-free, fully transferable and sublicensable license to use, copy, modify, distribute, display, perform, and otherwise exploit such Feedback in any manner and for any purpose, without credit or compensation to you.
6. Privacy. By using the Software, you agree that emonster may collect, use, and disclose certain information about you and your use of the Software as described in emonster’s Privacy Policy. You should review the Privacy Policy carefully to understand how emonster handles information.
7. No Warranty. THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMONSTER AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, OR QUIET ENJOYMENT. EMONSTER DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
8. Limitation of Liability. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EMONSTER OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF EMONSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EMONSTER’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE AMOUNT PAID BY YOU (IF ANY) TO EMONSTER FOR THE SOFTWARE DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
9. Indemnification. You agree to indemnify, defend, and hold harmless emonster and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Software; (b) your violation of this Agreement or any applicable law or regulation; or (c) your violation of any rights of any third party.
10. Termination. This Agreement is effective from the time you first install or use the Software and continues until terminated. Your rights under this Agreement will terminate automatically without notice from emonster if you fail to comply with any term of this Agreement. Upon termination, you must immediately cease all use of the Software and delete all copies of the Software from your devices. Sections of this Agreement that by their nature should survive termination shall survive, including, without limitation, those relating to ownership, feedback, privacy, no warranty, limitation of liability, indemnification, and governing law.
11. Third-Party Content and Links. The Software may display, include, or provide access to content, data, services, or materials from third parties (collectively, “Third-Party Content”), or may contain links to third-party websites or resources. emonster has no control over, and is not responsible for, any Third-Party Content or third-party websites. You acknowledge and agree that emonster is not responsible or liable for any loss or damage arising from your use of or reliance on any Third-Party Content or third-party websites.
12. Changes to the Software. emonster reserves the right, at any time and without prior notice, to modify, update, suspend, or discontinue the Software or any part thereof, temporarily or permanently, with or without liability to you. emonster is under no obligation to provide any maintenance, support, or updates, except to the extent required by applicable law or the App Store Terms of Service.
13. Copyright Infringement Notice. emonster, not Apple, is responsible for the investigation, defense, settlement, and discharge of any claim that the Software or your use of it infringes any intellectual-property rights of a third party. If you believe that any content in the Software infringes your copyright, please send a notice containing all information required under applicable law (including the DMCA, if applicable) to emonster’s designated agent:
Agent for Copyright Claims:
Email: support@emonster.com
14. Export and Legal Compliance. You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including, without limitation, the Specially Designated Nationals List. You agree to comply with all applicable export-control and trade-sanctions laws and regulations in connection with your use of the Software.
15. Apple Terms and Third-Party Beneficiary. You acknowledge that this Agreement is concluded solely between you and emonster, and not with Apple Inc. (“Apple”). Apple is not responsible for the Software or its content. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software. To the extent any warranty obligation arises under applicable law that cannot be disclaimed, emonster, and not Apple, shall be solely responsible. emonster, not Apple, is responsible for addressing any claims from you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: product liability claims, any claim that the Software fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection or similar legislation. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and Apple shall have the right to enforce this Agreement against you as a third-party beneficiary.
16. Governing Law and Venue. This Agreement and your relationship with emonster under this Agreement shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to its conflict-of-law principles. You agree that the exclusive jurisdiction and venue for any legal action or proceeding arising out of or relating to this Agreement or the Software shall be the state and federal courts located in King County, Washington, and you hereby consent to the personal jurisdiction and venue of such courts.
17. General. (a) If any provision of this Agreement is found to be invalid or unenforceable under applicable law, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. (b) This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of emonster. (c) The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. (d) This Agreement constitutes the complete and exclusive statement of the agreement between you and emonster with respect to the Software and supersedes any prior or contemporaneous agreements, understandings, or communications, whether written or oral, relating to the subject matter of this Agreement.
18. Analytics & Diagnostic Information. The App may collect limited, non-personal analytics and diagnostic information through third-party services such as Firebase Analytics and Firebase Crashlytics (if enabled). This information is used solely to improve stability, performance, and user experience. No personal identifiers are collected, and no analytics data is used for interest-based advertising.