Mobile License Agreement

IMPORTANT: READ THIS AGREEMENT CAREFULLY. YOU WILL BE BOUND BY THIS AGREEMENT IF YOU CLICK THE “ACCEPT” OPTION OR INSTALL THE PUMP CABLE CALCULATOR APPLICATION ACCOMPANYING THIS AGREEMENT (THE “APPLICATION”). The Application will not work unless and until you agree to this Mobile Application License Agreement (“Agreement”). You may DECLINE this Agreement, but unless you ACCEPT this Agreement, you may not use the Application. If you do not wish to agree to these terms, please click “DO NOT ACCEPT” and, to obtain a refund of any license fees paid, consult the rules governing the app store from which you purchased the Application.

Mobile Application License Agreement

This Agreement is a legal agreement between you and Southwire Company, LLC (“Southwire”) that governs your use of the Pump Cable Calculator Application that we provide for use on your mobile device. Apple Inc. and Google LLC are not parties to this Agreement, and as among Southwire, Apple Inc., and Google LLC, Southwire is responsible for the Application and the contents thereof.

Grant of License; Related Provisions.

1. License Grant. Southwire, subject to the terms and conditions of this Agreement, grants you a non-exclusive, non-transferable license (without right of sublicense) to use the Application on a device you personally own or control, for your individual benefit and not for sharing or resale, and as permitted by the terms of service applicable to the app store from which you obtained the Application.

2. Restrictions. You may not, and may not authorize or assist any other party to (i) duplicate the Application for any purpose other than as necessary to use it on your mobile device, (ii) publish the Application or use it other than for the purposes described in Section 1 of this Agreement, (iii) reverse engineer, disassemble, decompile or translate the Application, (iv) change, modify or otherwise alter the Application, (v) transfer, pledge, rent, share or sublicense the Application, or (vi) use or abuse the Application to (A) store or transmit content that is unlawful, threatening, abusive, harassing, defamatory, obscene or indecent, libelous, hurtful or otherwise objectionable, (B) impersonate another individual or misrepresent your identity or your affiliations, or (C) knowingly or recklessly transmit false information.

3. Termination. This Agreement is effective until terminated by you or Southwire. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.

4. Your Responsibilities. Effective use of the Application requires that you (i) enter all of the information the Application requests, (ii) ensure that your device is properly configured and charged, and subscribe to voice and data service fully covering the areas in which you use the Application, and (iii) pay calling charges, text message charges and other fees imposed by your wireless service provider, and otherwise complying with the provider’s terms of service. You are solely responsible for fulfilling these responsibilities.

5. Consent to Use Data. You agree that Southwire may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals (“User Data”)—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. Southwire owns all User Data and may use User Data, as long as it is in a form that does not personally identify you, for any lawful purposes, including but not limited to improving its products and providing services or technologies to you.

6. Privacy. By downloading and using the Application, you are providing Southwire with certain information, including User Data, personally identifiable information, and information the Application automatically collects. Southwire’s collection, use, and disclosure of this information are governed by the Privacy Policy you will find at https://www.southwire.com/privacy-policy.

7. External Services. The Application may enable access to Southwire’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Southwire is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Southwire or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Southwire or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Southwire is not responsible for any such use. External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Southwire reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

Southwire Disclaimers.

1. No Warranties. SOUTHWIRE PROVIDES THE APPLICATION ON AN “AS IS, WHERE IS” BASIS WITHOUT WARRANTY OF ANY KIND. SOUTHWIRE DISCLAIMS FOR ITSELF, AND ON BEHALF OF APPLE INC. AND GOOGLE, LLC, ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY OF NONINFRINGEMENT, ANY WARRANTY THAT THE APPLICATION WILL OPERATE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOUTHWIRE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK AND COST OF ALL LOST DATA, NECESSARY SERVICING, REPAIR, OR CORRECTION.

2. No Obligations. Southwire accepts no obligation regarding your use of the Application. In particular, Southwire disclaims any obligation to monitor the operation of the Application or address any failures or faults that come to its attention, including maintenance and support services. You acknowledge and agree that Apple Inc. and Google LLC also have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

3. Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL APPLE INC., GOOGLE LLC, SOUTHWIRE OR, IN THE CASE OF SOUTHWIRE, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, HAVE ANY OBLIGATION OR LIABILITY HEREUNDER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES INCURRED BY YOU (INCLUDING DAMAGES FOR DEATH, INJURY TO PERSON OR PROPERTY, LOST BUSINESS, LOST PROFITS, LOST DATA OR DAMAGES TO BUSINESS REPUTATION), REGARDLESS OF HOW SUCH DAMAGES ARISE AND REGARDLESS OF WHETHER OR NOT A PARTY WAS ADVISED SUCH DAMAGES MIGHT ARISE. IN THE EVENT THAT SOUTHWIRE IS FOUND LIABLE, FOR ANY REASON, UNDER THIS AGREEMENT, IN NO CASE SHALL SOUTHWIRE’S LIABILITY FOR ACTUAL DAMAGES IN THE AGGREGATE EXCEED THE AMOUNTS YOU PAID FOR THE APPLICATION OR, IF YOU RECEIVED THE APPLICATION FOR FREE, IN NO CASE WILL SOUTHWIRE’S LIABILITY EXCEED $10.00.

4. Legal Compliance. You may not use the Application except as authorized by United States law and the laws of the jurisdiction described under “Exclusive Jurisdiction.” In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

5. Indemnity. You agree to indemnify and hold Southwire and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Application or services or goods obtained through your use of the Application; (ii) your breach or violation of any of the terms of this Agreement; (iii) Southwire’s use of User Data relating to you; or (iv) your violation of the rights of any third party, including third-party providers.

6. Ownership. Southwire, as between Southwire and you, owns all rights, titles, and interests in the Application, including without limitation all error corrections, updates, upgrades and custom features and functions, and all patents, copyrights and other intellectual property rights, and any changes or improvements to the Application that you might suggest to Southwire. You may not remove or modify any program markings or any notice of proprietary rights.

7. Intellectual Property. If a court of competent jurisdiction makes a determination that the Application infringes, or if Southwire (not Apple Inc. or Google LLC), determines that the Application likely infringes, the intellectual property rights of a third party, Southwire, at its option and expense, shall: (i) modify the infringing portion of the Application to make it non-infringing, (ii) replace the infringing product with a non-infringing product having substantially similar functionality, (iii) obtain the right to continue using the infringing portion of the Application, or (iv) terminate this Agreement (including the license granted hereunder) without any further liability to you.

Miscellaneous Provisions

1. Exclusive Jurisdiction. This Agreement and the relationship between you and Southwire will be governed by the laws of the State of Georgia, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Carroll County, Georgia to resolve any dispute or claim arising from this Agreement. As to intellectual property rights, you specifically agree that Southwire may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. You agree that any claim or cause of action related to this Agreement or the use of the Application must be filed within one (1) year after the cause of action arose or be forever barred.

2. Governing Law. All Disputes will be governed by and construed in accordance with the laws of the state of Georgia without reference to the choice of law provisions of any jurisdiction. The interpretation of this Agreement shall not be construed against the drafter.

3. You may not assign this Agreement or your rights or obligations under this Agreement without Southwire’s prior written permission. Any assignment in violation of this restriction is null and void. Southwire may assign this Agreement in its sole discretion without giving any prior notice to you.

4. Force Majeure. Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such party, including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, fire, communication line failures, power surges or failures, earthquakes or other disasters.

5. Sole Agreement; Amendment; Waiver. This Agreement constitutes the sole and complete agreement between the parties regarding the Application. This Agreement may not be explained or supplemented by a prior performance, trade usage, or course of dealing between the parties, or by any prior performance between the parties under this Agreement or otherwise. No amendment to this Agreement shall be effective unless it is in writing signed by duly authorized representatives of both parties, except that Southwire may amend this Agreement from time to time, and your continued use of the Application after receiving notification of such amendments constitutes your agreement to be bound by such amendments. No waiver of any breach of any provision by either party or the failure of either party to insist on the exact performance of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of performance of the same or any other provisions, and no waiver shall be effective unless made in writing.

6. If any of the provisions of this Agreement shall be or become invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the remaining provisions of this Agreement. Instead, this entire Agreement shall be construed as though not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties shall be construed and enforced accordingly.

7. Third-Party Beneficiary. While Apple Inc. is not a party to this Agreement, you agree that Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple Inc. 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.

8. Notices. All questions, complaints, claims, or notices under this Agreement may be sent to you through the Application, and to Southwire at Southwire Company, LLC, One Southwire Drive, Carrollton, GA USA 30119, Attention: General Counsel. Southwire, and not Apple Inc., is responsible for addressing claims relating to the Application and your possession and/or use of the Application.