Mobile Application End User License Agreement

This End User License Agreement (“Agreement”) is between you and Blue Sky Network, LLC (“BSN”) and governs your use of any BSN applications (hereinafter referred to as the “App”) made available through mobile application marketplaces. By clicking the “Accept” button or installing and using the App, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the App and return it for a full refund of the amounts paid, if any.

  1. Parties. This Agreement is between you and BSN. BSN is solely responsible for the App and its content.
  2. BSN Services; Terms of BSN Service.The App may allow you to use certain aspects of BSN’s Iridium satellite-based service and back end web portal (the “BSN Service” or “SkyRouter”) through the use of a BSN authorized SkyRouter account and enabled device (a “BSN Device” or “Authorized Device”), made available by or through BSN. To use the App, you may need a BSN Device or Authorized Device that is compatible with the App and have an active account to use the BSN Service. The terms and conditions of your use of the BSN Service and any BSN Device shall be solely those terms and conditions under which the BSN Service and BSN Device are available to you, and shall be governed by this Agreement.
  3. Limited License
    1. BSN grants you a limited, non-exclusive, non-transferrable, revocable license to use the App for your personal and internal business purposes. The App is licensed, not sold, to you.
    2. You may only use the App on an Android or Apple device that you own or control.
    3. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of BSN’s and its licensors’ rights. If you breach this restriction, you may be subject to prosecution and damages.
    4. The terms of this Agreement will govern any upgrades provided by BSN that replace or supplement the original App, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
  4. Disclaimer of Warranty and Limitations of Liability
    1. The App is provided free on an “as is” basis. As such, BSN disclaims all representations, guarantees, conditions and warranties about the App, including, without limitation, any implied representations, guarantees, conditions or warranties of merchantability or fitness for a particular purpose, non-infringement, satisfactory quality, that the App is free of bugs or viruses, non-interference or accuracy of informational content, and any representations, guarantees, conditions or warranties arising from a course of dealing, law, usage or trade practice, or related to the performance of nonperformance of the App. This disclaimer shall apply even if this Agreement fails of its essential purpose. Further, no representation, guaranty, condition or warranty is made as to the coverage, availability or grade of service provided by the BSN Service. BSN does not warrant that it, or will be able to, correct any defects with the App and that access and use of the App will be uninterrupted or error free. BSN makes no warranty regarding any software, product or service provided by any third party.
    2. In no event shall BSN be liable, whether in contract or tort or any other legal theory, including, without limitation, strict liability, gross negligence or negligence, for any damages, including direct, indirect, incidental, special, consequential or punitive damages of any kind, or loss of revenue or profits, loss of business, loss of privacy, loss of use, loss of time or inconvenience, loss of goodwill, loss of information, data, software or application or other financial loss, caused by the App, or arising out of or in connection with the ability or inability to use, or the use of, the App, regardless of whether BSN has been advised of the possibilities of such damages.
    3. You acknowledge and agree that as a condition of use of the App you will make no claim, whether in contract, indemnity, tort or other legal theory, against BSN for bodily injury, loss of life or damage to property.
    4. All of the above waivers, releases and disclaims of representations, guarantees, conditions and warranties and limitations of liability are provided to the fullest extent permitted by applicable law. To the extent any warranty exists under law that cannot be disclaimed, your sole recourse and BSN’s sole responsibility for breach of that warranty shall be the refund of the purchase price, if any, for the App to you.
  5. Collection of Data
    1. You agree that BSN 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, that is gathered periodically to facilitate the provision of software updates, product support and other services related to the App. BSN may use this information, as long as it is in a form that does not personally identify you, to improve its products or services, or to provide services or technologies to you.
    2. You consent to BSN’s disclosure of user information, including, but not limited to, name, address, telephone number and location information, including, where available, the geographic coordinates of equipment, to governmental and quasi-governmental agencies where BSN deems it necessary in its sole discretion to respond to an exigent circumstance.
    3. In addition to the foregoing, BSN may use data relating to your interaction with our App to enable us to optimize your customer experience with BSN. BSN may retain your personal data as long as it is necessary to conduct our standard business activities. BSN may also keep personal information from inactive accounts to comply with legal requirements. Where a legal regulation allows the retention of personal data for a minimum period, BSN will retain data for at least that period. When BSN determines the maximum retention duration of personal data, BSN does so with its legitimate interests to retain data. Under the California Privacy Rights Act and European General Data Protection Regulation, BSN is obligated to minimize the data we retain and we understand the potential risk of harm from unauthorized use or disclosure of your personal information.
  6. Sharing of Data. BSN may disclose Personal Information or Anonymous Information:
    1. To third party vendors who help BSN make the App available or who support BSN’s business;
    2. To third parties to whom you ask BSN to send Personal Information, including those to whom you send a satellite message if applicable;
    3. To any subsidiaries, joint ventures, or other companies under common control (collectively, “Affiliates”) or to a company that merges with, acquires, or purchases the assets of BSN, in which case such company may continue to process your Personal Information as set forth in this Privacy Policy; or
    4. If BSN believes in good faith that such disclosure is necessary to: (a) resolve disputes, investigate problems, or enforce our terms of use; (b) comply with applicable laws or respond to requests from law enforcement or other government officials; or (c) protect or defend the rights or property of BSN, you, or third parties.
  7. Indemnification. You agree to indemnify and hold harmless BSN, BSN’s affiliates and each of their respective directors, officers, managers, employees, agents, representatives, and licensors, from and against any and all losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, that arise out of your use of the App, violation of this Agreement by you or any other person using your copy of the App or your violation of any rights of another. BSN reserve the right to take over the exclusive defense of any claim for which BSN is entitled to indemnification under this Agreement. In such event, you agree to provide BSN with such cooperation as is reasonably requested by BSN.
  8. Maintenance and Support. BSN does not provide any maintenance or support for the App, other than periodic updates to the App that BSN releases in its sole discretion. To the extent that any maintenance or support is required by applicable law, BSN shall be obligated to furnish any such maintenance or support.
  9. Intellectual Property. All right, title and interest in and to all worldwide intellectual property incorporated in the App, including, but not limited to, inventions, patents, copyrights (including renewal rights), trademarks, trade secrets, know-how, confidential information, computer software (including source code), ideas, processes, discoveries, methods, and all other forms of intellectual property and any applications for registration thereof, are and shall remain the sole and exclusive property of BSN or its licensors, and no rights therein are granted to you except as expressly set forth in this Agreement.
  10. Third Party Intellectual Property Claims. BSN shall not be obligated to indemnify or defend you with respect to any third-party claim arising out or relating to the App. To the extent BSN is required to provide indemnification by applicable law, BSN shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third-party intellectual property right.
  11. Product Claims. BSN is responsible for addressing any claims by you relating to the App or use of it, including, but not limited to:
    1. any product liability claim;
    2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
    3. any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
  12. U.S. Legal Compliance. You represent and warrant that:
    1.  you are not 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
    2.  you are not listed on any U.S. Government list of prohibited or restricted parties.
  13. Export Compliance. The export and re-export of the App is subject to United States, United Nations or other international export controls and sanctions. You agree to fully comply with all such export controls and sanctions including, without limitation, ensuring that the App is not exported or reexported to countries that are not eligible to receive it under U.S., U.N. or other international export controls and sanctions. Prohibited destinations for the App, as well as persons and entities are set forth on lists of ineligible recipients maintained by the U.S. Department of Commerce and U.S. Department of the Treasury (more information at and . Embargoed/sanctioned destinations are subject to change, and information should be obtained directly from the appropriate U.S., U.N. or international agency prior to your export or re-export of the App.
  14. Government End Users. The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202- 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users:
    1. only as Commercial Items; and
    2. with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  15. Termination. This Agreement is effective until terminated by you or BSN. Your rights under this Agreement will terminate automatically without notice from BSN if you fail to comply with any term of this Agreement. Upon the termination of this Agreement, you shall cease all use of the App and destroy all copies, full or partial, of the App.
  16. Controlling Law and Severability. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California. BSN and you each hereby irrevocably and unconditionally waives all right to trial by jury in any action (whether based on contract, tort or otherwise) arising out of or relating to this Agreement, or its performance under or the enforcement of this Agreement. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
  17. Waiver of Jury Trial. Each of BSN and you hereby irrevocably waives any and all right to trial by jury in any proceeding arising out of or related to this Agreement or the transactions contemplated hereby.