SiteX End User License Agreement
The license terms for the SiteX mobile application.
Sitex LLC doing business as SiteX
SECTION A — INTRODUCTION AND AGREEMENT TO TERMS
This End User License Agreement ("EULA") is a legal agreement between you ("User," "you") and Sitex LLC, a South Carolina limited liability company doing business as SiteX ("Company," "we," "us," "our").
Sitex LLC owns the SiteX trademarks and service marks. Sitex Technologies LLC, a South Carolina limited liability company, owns the SiteX patents and pending patent applications, and licenses such patents to the Company. Except where the context expressly refers to Sitex Technologies LLC’s intellectual property rights or status as licensor, references in this EULA to the "Company," "we," "us," or "our" refer to Sitex LLC.
This EULA governs your access to and use of the SiteX mobile application, website, software, APIs, data layers, cost models, and related services (collectively, the "Service," as further defined in the Legal Glossary). Other than the native SiteX mobile application distributed through the Apple App Store or Google Play, the Service does not include separately downloadable desktop or on-premises software unless expressly stated in a separate written agreement.
By downloading, installing, accessing, or using the Service, you agree to be bound by this EULA and all incorporated or referenced documents, including:
- Terms of Use
- Privacy Policy
- Legal Glossary
- DMCA Policy
- In-app disclaimers
- Platform marketplace terms (Apple App Store / Google Play)
- The Hexagon Acceptable Use Policy (publicly available) and the third-party data restrictions reproduced in the Terms of Use (Section L), which apply to the licensed data and imagery in the Service
If you do not agree to these terms, do not use the Service.
Eligibility. The Service is intended for individuals 18 years of age or older who are located in the United States. By downloading, installing, accessing, or using the Service, you represent and warrant that you are at least 18 years old and are accessing the Service from within the United States. Minors are not permitted to use the Service. The Service is directed only to users in the United States and is not offered or directed to individuals in the European Economic Area, the United Kingdom, or other jurisdictions outside the United States.
SECTION B — LICENSE GRANT AND SCOPE OF USE
B.1 Limited License
The Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Service solely for personal or internal business use, subject to this EULA and all incorporated user-facing documents.
B.2 Ownership
The Service is licensed, not sold. All intellectual property rights in the Service remain with the Company and its licensors.
B.3 Reservation of Rights
All rights not expressly granted to you are reserved by the Company and its licensors.
B.4 Paid Features and Entitlements
Certain features of the Service, including full numeric cost outputs, full access to parcels and tools, and the creation of Reports, require an active Full Subscription or another valid access path described in Terms of Use Section D.1, such as a free trial, Partner-funded or complimentary access, Grandfathered Legacy Access under Terms of Use Section D.10, or access under a separate written agreement. The Service does not require per-parcel unlocking or per-Report credits for subscribers or for accounts holding Grandfathered Legacy Access; Report creation under those access paths is unmetered but remains subject to the fair-use and anti-abuse safeguards in Terms of Use Section D.1A. The license granted under this EULA applies to Grandfathered Legacy Access in the same manner as to a paid subscription, and terminates when that access ends under Terms of Use Section D.10. If a purchase is refunded, charged back, revoked, or reversed, associated entitlements may be removed, related access may be restricted, and access may be suspended pending investigation.
B.5 Partner-Funded Access
If your access to the Service is purchased, invited, or funded by a business or organization (a “Partner”), the Partner is only a payer, administrator, or referral source. The Partner is not a party to this EULA, is not your licensor, and acquires no ownership, custodial, storage, redistribution, sublicensing, resale, or API rights in any Licensed Data or in any output you generate. The license granted in this EULA runs solely to you as an individual user, and any business, team, or partner arrangement is governed by a separate written agreement between the Company and the Partner.
SECTION C — THIRD-PARTY SERVICES AND DATA
The Service integrates licensed third-party data and services (including LightBox parcel data, Hexagon imagery, and Mapbox basemaps) as well as publicly available government data (including USGS and FEMA). Licensed third-party content remains the exclusive property of its respective providers and is subject to the licensing terms, use restrictions, and flow-down obligations described below. Government data is public-domain or government-provided and is subject to the source-specific notices and disclaimers in Section C.3 rather than to provider licensing restrictions.
Native-Application-Only Access to Licensed Data. Access to Hexagon Content and any other Licensed Data subject to third-party streaming restrictions is limited to the native SiteX mobile application. The Company’s website and any browser-based experience are used only for legal notices, help content, marketing, and related informational functions, and may not display, host, cache, export, or expose Licensed Data or Hexagon imagery except as expressly authorized in a written agreement signed by the Company and, where required, the applicable data provider.
C.1 LightBox Data
Parcel, zoning, and assessor attribute data is provided by LightBox. Data © LightBox. Use of LightBox Data within the Service is licensed solely for view-only display and limited integration as follows:
- End Users may view LightBox Data within the Service interface.
- The Service may generate static PDF exports that include the following LightBox attributes only: Land Use Description, Parcel ID, Parcel Address, Lot Size, Coordinates, Use Code, and Zoning. The primary purpose of such exports must be to present Service-generated content, not LightBox Data alone.
- End Users may copy only the following LightBox attributes: Parcel ID, Parcel Address, Coordinates, and Tax Address.
- Except for the limited LightBox attributes that the Service is expressly permitted to include in static PDF outputs (as set out in this Section), End Users may not download, export, scrape, bulk-access, extract, or reuse LightBox Data. LightBox Data may not be made available in any bulk, raw, or manipulatable format.
- End Users may not cache or retain LightBox Data on their devices beyond the current session. This restriction does not limit the Company's storage and use of LightBox Data under its enterprise license.
- No derivative datasets, databases, or extractable data products may be created from LightBox Data.
All intellectual property rights in LightBox Data remain exclusively with LightBox. LightBox does not endorse this Service or any outputs generated by the Service. For avoidance of doubt, any calculations, estimates, classifications, or other informational outputs generated by the Service may incorporate user inputs, Company algorithms and cost models, public-domain data, and permitted interactions with Provider Data, and do not create, expose, or grant rights in a reusable derivative dataset of Licensed Content.
C.2 Hexagon Imagery
Aerial imagery, orthophotography, and map tiles (collectively, "Hexagon Content" or "Hexagon imagery") are provided by Hexagon under the Derived Value Add Products Agreement. Hexagon imagery must display the attribution required under the Company's applicable Hexagon agreement and Hexagon's then-current published data-attribution guidelines. Your access to Hexagon imagery is granted as a limited, non-exclusive, non-transferable sublicense for personal or internal business use only, not for resale, and is limited to a term of one (1) year, subject to automatic renewal contingent upon the Company’s continued licensing from Hexagon. Use of Hexagon imagery is subject to the following:
- As currently implemented, the Service displays Mapbox basemaps at lower zoom levels and streams Hexagon ortho imagery (via WMTS) at zoom levels 19–20, within the range licensed by Hexagon (zoom 18–20).
- The Service may generate on-screen visualizations that combine Hexagon imagery with parcel data and user-drawn features.
- The Service may include limited, low-resolution map thumbnails derived from Hexagon imagery within static PDF project outputs for documentation purposes only.
- Except for the limited, low-resolution imagery thumbnails that the Service is expressly permitted to include in static PDF outputs (as set out in this Section), users may not download, copy, export, scrape, redistribute, mosaic, stitch, orthorectify, or extract Hexagon imagery outside the application environment.
- Hexagon imagery may be cached only as follows: (a) the Company may maintain a server-side caching proxy with a time-to-live of up to fourteen (14) days; and (b) on your device, imagery may be cached only temporarily, for personal offline use, through the Mapbox SDK and subject to its built-in limits.
- Any permitted exports must include the attribution required under the Company's applicable Hexagon agreement and Hexagon's then-current published data-attribution guidelines, in proximity to the imagery. See Section C.4 for complete attribution requirements.
- Users may not alter, obscure, or remove any Hexagon copyright notices.
- No derivative datasets, databases, or extractable data products may be created from Hexagon imagery.
- Users must comply with the Hexagon Acceptable Use Policy at https://hxgncontent.com/global/acceptable-use-policy, as updated from time to time.
Hexagon imagery is not for navigation, surveying, or derivative dataset creation. All intellectual property rights in Hexagon imagery remain exclusively with Hexagon. Hexagon does not endorse this Service or any outputs generated by the Service. Sublicense: One-tier, view-only.
C.3 Government Data Sources and Disclaimers
The Service incorporates, references, or derives outputs from publicly available data provided by agencies of the United States Government, including but not limited to the United States Geological Survey (USGS) and the Federal Emergency Management Agency (FEMA).
USGS data, including elevation, topographic, and well log information, are public domain works of the United States Government (see 17 U.S.C. § 105) and are provided "as is," without warranty of any kind, express or implied.
FEMA data, including flood hazard and risk information, are provided for general informational purposes only and are subject to revision. FEMA does not guarantee the accuracy, completeness, or suitability of such data for any particular purpose.
USGS and FEMA do not endorse this Service or any analyses, interpretations, estimates, or conclusions generated by the Service.
The Service does not provide official flood determinations, insurance determinations, engineering certifications, or regulatory compliance assessments. Flood data displayed within the Service is not an official Flood Insurance Rate Map (FIRM) or official flood determination. Users assume all risk arising from reliance on outputs generated by the Service.
Flood zone color coding, symbology, and legend conventions used in the Service follow standard practices derived from FEMA mapping guidelines for user familiarity. Use of these conventions does not imply FEMA affiliation, endorsement, or certification. The Service does not display, reproduce, or incorporate the official FEMA seal, logo, or insignia. Unauthorized use of federal agency seals and logos is prohibited under 18 U.S.C. §§ 506, 701, and 1017. For official flood zone determinations, consult FEMA directly or obtain an official FIRM through your local floodplain administrator. See also 44 CFR Parts 59–78 for NFIP regulations. In accordance with FEMA’s NFHL metadata guidance, the Company acknowledges FEMA as the source of flood hazard data integrated into the Service.
C.4 Attribution Requirements
In-App Attribution (Live Map Display)
When Hexagon aerial imagery is displayed to the user, visible in-app attribution to Hexagon is required. When Mapbox basemap data is displayed, visible in-app attribution to Mapbox and OpenStreetMap contributors is required. Attribution must be visible within the map interface (such as a map footer or attribution bar) but does not require watermarking or overlay text on the imagery itself. Attribution is conditional and required only when the respective data source is actively displayed. This Mapbox attribution is the minimum requirement; any additional attribution required by Mapbox for the selected style, tileset, or data suppliers (as specified in Mapbox documentation or TileJSON) must also be included.
In-App Attribution Exclusions
The following data sources do not require persistent in-app attribution:
- USGS elevation data (public domain; no attribution required)
- FEMA flood hazard data (no persistent in-map attribution required, provided data is presented as informational and non-authoritative)
- LightBox parcel data (no live in-map attribution required)
These data sources are acknowledged in documentation and exported materials rather than persistent in-map attribution.
Export Attribution (PDFs and Exports)
When the Service generates exported materials (such as PDF exports or printouts) that incorporate licensed or government data, the following attribution block must appear on the same page as the imagery or data:
IMPORTANT NOTICE: This output is generated for informational and preliminary planning purposes only. It does not constitute professional surveying, engineering, environmental, legal, or financial advice. Cost estimates are not bids, quotes, or binding commitments. All estimates, measurements, and analyses must be independently verified by qualified licensed professionals before any land purchase, construction, permitting, or financial decisions. Site conditions, local requirements, and actual costs may differ materially from information shown.
Data Sources & Disclaimers: Aerial imagery is attributed to Hexagon as required under the Company's applicable Hexagon agreement and Hexagon's then-current published data-attribution guidelines. Parcel and location data © LightBox. Basemap and road data © Mapbox © OpenStreetMap contributors. Flood hazard information, where shown, is derived from FEMA datasets and is for informational purposes only and not an official flood determination. Elevation data derived in part from U.S. Geological Survey (USGS) sources and provided "as is." Cut and fill calculations and configuration identifiers are generated by SiteX using proprietary algorithms.
Attribution lines should be included only when the respective data source is present in the exported material. No watermarking is required. Exported maps containing Mapbox content will include Mapbox attribution in accordance with Mapbox's static and print attribution guidance, including the Mapbox logo where required by Mapbox documentation.
This output includes a configuration hash (see Legal Glossary) that uniquely identifies the inputs and system version used at the time of export. Modifications to the output invalidate the configuration hash and render the output unverifiable.
SECTION D — DISCLAIMERS AND LIMITATIONS OF LIABILITY
D.1 Disclaimer of Warranties
THE SERVICE, INCLUDING ALL SOFTWARE, OUTPUTS, DATA LAYERS, COST ESTIMATES, AND ANALYSES, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.
WE AND OUR LICENSORS (INCLUDING HEXAGON, LIGHTBOX, MAPBOX, AND ALL OTHER DATA PROVIDERS) DISCLAIM ALL LIABILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY DATA, ESTIMATES, OR OUTPUTS GENERATED BY THE SERVICE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
D.2 No Professional Advice
OUTPUTS GENERATED BY THE SERVICE, INCLUDING COST ESTIMATES, PRELIMINARY ROUTE OVERLAYS, GRADING CALCULATIONS, SLOPE ANALYSES, FLOOD INDICATORS, PRELIMINARY SEPTIC-SITING INDICATORS, AND UTILITY-DISTANCE APPROXIMATIONS, ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL AND PRELIMINARY PLANNING PURPOSES.
SUCH OUTPUTS DO NOT CONSTITUTE AND SHALL NOT BE CONSTRUED AS PROFESSIONAL SURVEYING, ENGINEERING, ARCHITECTURAL, ENVIRONMENTAL, GEOTECHNICAL, LEGAL, FINANCIAL, OR REGULATORY ADVICE. THEY ARE NOT BIDS, QUOTES, OFFERS, OR BINDING COMMITMENTS.
YOU MUST INDEPENDENTLY VERIFY ALL INFORMATION WITH QUALIFIED LICENSED PROFESSIONALS BEFORE MAKING ANY LAND PURCHASE, CONSTRUCTION, PERMITTING, OR FINANCIAL DECISIONS. YOU ASSUME ALL RISK ARISING FROM RELIANCE ON OUTPUTS GENERATED BY THE SERVICE.
D.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, SITEX TECHNOLOGIES LLC, OR ANY LICENSOR (INCLUDING HEXAGON AND LIGHTBOX) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AND OUR LICENSORS' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
D.4 Third-Party Data and Jurisdiction Disclaimer
Third-party data integrated into the Service, including data from Hexagon, LightBox, Mapbox, USGS, and FEMA, is provided "as is" without warranty. Such data may have been collected at various times in the past and may not reflect current conditions. Parcel boundaries, flood zones, aerial imagery, zoning classifications, and other datasets may not reflect recent subdivisions, construction, boundary adjustments, annexations, remapping, or environmental changes.
Cost estimates are based on regional averages and do not account for jurisdiction-specific requirements, including local permit fees, impact fees, development exactions, utility connection fees, stormwater management requirements, tree protection ordinances, historic district requirements, HOA restrictions, or building code variations. Actual costs and requirements vary significantly by jurisdiction.
Zoning classifications displayed within the Service are derived from third-party data sources and are provided for informational reference only. Such classifications may not reflect current zoning designations, pending amendments, overlay districts, conditional use permits, variances, planned unit developments, special exceptions, or other land use restrictions. Users must verify all zoning matters directly with the applicable local planning, zoning, or permitting authority.
D.5 Exceptions to Limitations of Liability
The disclaimers and limitations of liability set forth in Sections D.1 through D.3 shall NOT apply to, and shall not in any way limit, the following: (a) Your indemnification obligations to the Company, Sitex Technologies LLC, and other indemnitees under Section E; (b) liability arising from a party’s gross negligence, willful misconduct, or fraud; (c) Your infringement of the Company’s, Sitex Technologies LLC’s, or any licensor’s intellectual property rights, including unauthorized use, copying, redistribution, or derivative use of Licensed Content; (d) Your breach of confidentiality obligations as incorporated from the Terms of Use; (e) Your violation of any third-party data restriction reproduced in the Terms of Use (Section L) or of the Hexagon Acceptable Use Policy; (f) amounts owed by You to the Company for fees, taxes, chargebacks, or refund obligations; or (g) any liability that cannot be excluded or limited under applicable law (including, in certain jurisdictions, liability for death or personal injury caused by negligence).
SECTION E — INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Sitex LLC, Sitex Technologies LLC, and their respective officers, directors, employees, agents, successors, and assigns, as well as all licensors and data providers (including Hexagon and LightBox), from and against any and all claims, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your breach of this EULA, the Terms of Use, the third-party data restrictions in the Terms of Use (Section L), or the Hexagon Acceptable Use Policy;
- Your misuse of the Service, including any use beyond the scope of the license granted herein;
- Any unauthorized extraction, copying, redistribution, or derivative use of licensed content;
- Your violation of any applicable law, regulation, or third-party right;
- Any claim that your use of the Service caused harm, damage, or loss to any third party.
SECTION F — TERMINATION
F.1 Termination by Company
The Company may terminate or suspend your license and access to the Service immediately for cause, including but not limited to: (a) your breach of any term of this EULA, the Terms of Use, the third-party data restrictions in the Terms of Use, or the Hexagon Acceptable Use Policy; (b) your violation of the Hexagon Acceptable Use Policy; (c) non-payment of subscription fees; (d) suspected fraudulent, abusive, or illegal activity; (e) as required by law, court order, or government authority; or (f) discontinuation of all or part of the Service. For termination for convenience (i.e., not for cause under clauses (a) through (e) above), the Company will provide thirty (30) days’ notice, consistent with Terms of Use Section J.1.
Failure to comply with the Hexagon Acceptable Use Policy or any licensor flow-down requirements constitutes a material breach and may result in immediate suspension or termination without notice.
F.2 Effect of Termination
Upon termination or expiration of this EULA:
- Your license to use the Service terminates immediately;
- You must cease all use of the Service;
- You must delete all cached, downloaded, or stored views of licensed content (including Hexagon imagery and LightBox Data) from all devices;
- You must destroy all copies of Confidential Information in your possession;
- Upon request, you must certify such deletion and destruction in writing;
- Except where required by applicable law or platform marketplace rules, no refunds will be issued for unused subscription periods.
Notwithstanding the foregoing, a User may retain static PDF exports generated through the Service prior to termination for a period not to exceed seven (7) years, solely for purposes of legal compliance, professional record-keeping, insurance, regulatory requirements, or defense of claims, and not for any active commercial project, redevelopment, resale, redistribution, or new site evaluation. This retention permission does not authorize the retention of any Licensed Content that must be deleted or destroyed under Section C, Section F.2, or an applicable data-provider requirement; to the extent an export contains such Licensed Content, that deletion or destruction requirement controls. Any required attribution and use restrictions continue to apply to retained exports.
F.3 Survival
The following provisions shall survive termination or expiration of this EULA: Section C (Third-Party Services and Data, including all attribution and restriction requirements; for clarity, this broader survival scope supplements the Terms of Use Section J.3, which survives Section C.2 and Section L), Section D (Disclaimers and Limitations of Liability), Section E (Indemnification), Section F.2 (Effect of Termination), Section F.3 (Survival), Section G (General Provisions), confidentiality obligations as incorporated from the Terms of Use, the Company’s license to User Content as set forth in Terms of Use Section G (to the extent necessary for the Company to retain permitted data), Section D.6 (Refunds, Chargebacks, and Revocation), Section D.13 (Termination and Forfeiture for Breach) of the Terms of Use, and any other provisions that by their nature should survive. The survival provisions of this EULA and the Terms of Use are cumulative and each independently enforceable.
SECTION G — GENERAL PROVISIONS
G.1 Governing Law
Except where third-party data provider agreements expressly require otherwise, this EULA shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to conflict-of-law principles. For clarity, the Company’s agreements with its data providers are governed by their respective controlling laws, including Georgia law for Hexagon (Leica Geosystems) and Delaware law for LightBox; those agreements govern the relationship between the Company and each provider and are not incorporated into this EULA as agreements between you and those providers.
G.2 Dispute Resolution
Any dispute arising out of or relating to this EULA shall be resolved in accordance with the dispute resolution provisions set forth in the Terms of Use, including binding individual arbitration and class action waiver, which are incorporated herein by reference.
G.3 Entire Agreement
This EULA, together with the Terms of Use, Privacy Policy, Legal Glossary, DMCA Policy, the Acceptable Use Policy, and in-app disclaimers, constitutes the entire agreement between you and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous understandings. The third-party data restrictions required by the Company’s providers are reproduced in the Terms of Use (Section L); the Company’s own agreements with those providers (such as the Hexagon DVAP/EUAA and the LightBox MSA) govern the relationship between the Company and those providers and do not make you a party to them. In the event of a conflict between this EULA and the Terms of Use, the Terms of Use shall govern unless this EULA expressly provides otherwise with respect to software licensing matters. In the event of a conflict between this EULA and the Privacy Policy, the Privacy Policy shall govern with respect to the collection, use, and disclosure of personal information, and the Terms of Use (including Section L) shall govern with respect to third-party data licensing restrictions, intellectual property obligations, and attribution requirements, even where those topics overlap with data practices.
G.4 Severability
If any provision of this EULA is found to be unlawful, void, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this EULA. The remaining provisions shall remain in full force and effect.
G.5 Assignment
You may not assign, transfer, or sublicense this EULA or any rights granted hereunder without the prior written consent of the Company. The Company may assign this EULA to any affiliate, successor, or acquiring entity without notice or consent, provided that the assignee agrees to be bound by this EULA with respect to all user-facing obligations, including the license terms, disclaimers, and limitations of liability set forth herein. Subject to the foregoing, this EULA shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
G.6 No Waiver
The failure of the Company to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.
G.7 Relationship of the Parties
This EULA does not create any partnership, joint venture, employment, or agency relationship between you and the Company. Your use of the Service does not create a partnership, joint venture, agency, employment, or direct contractual relationship between you and any licensor, except for the limited third-party-beneficiary enforcement rights expressly provided in this EULA, the Terms of Use, or applicable marketplace terms.
G.8 Export Compliance
You agree to comply with all applicable United States, Canadian, European Union, and Swiss export control laws and sanctions regulations. You may not export, re-export, transfer, or release any data from the Service to any U.S., EU, Swiss, or Canadian embargoed country, any person on the U.S. Treasury Department’s Specially Designated Nationals list, the U.S. Commerce Department’s Table of Denial Orders, or any EU, Swiss, or U.S. Denied Parties Lists.
G.9 DMCA Compliance
For copyright infringement claims, including claims related to third-party licensor intellectual property, please see our DMCA Policy or contact privacy@sitexready.com (our designated DMCA agent of record with the U.S. Copyright Office). U.S. Copyright Office Registration: DMCA-1069273.
G.10 Contact Information
For questions regarding this EULA, please contact:
Sitex LLC
PO Box 93, Otto, NC 28763
Email: legal@sitexready.com
Phone: (864) 416-1195
G.11 Force Majeure
Force majeure events are governed by Terms of Use Section K.3, which is incorporated herein by reference.
G.12 Modifications to Terms
Modifications to this EULA are governed by Terms of Use Section K.14, which is incorporated herein by reference.
G.13 Notices
Notices under this EULA are governed by Terms of Use Section K.15, which is incorporated herein by reference.
G.14 Limited Third-Party Beneficiaries
Third-party beneficiary rights under this EULA are governed by Terms of Use Section K.17, which is incorporated herein by reference. For clarity, Hexagon, LightBox, and other licensors are intended third-party beneficiaries of the provisions of this EULA specifically applicable to their licensed content and rights.
G.15 Headings
Section and subsection headings used in this EULA are for convenience and reference only and shall not affect the interpretation, construction, or meaning of any provision.
SECTION H — APPLE APP STORE AND GOOGLE PLAY ADDITIONAL TERMS
The following additional terms apply when you obtain or use the SiteX application through a third-party application marketplace. To the extent these terms conflict with other provisions of this EULA, these terms control with respect to the applicable marketplace, but only as required by that marketplace.
H.1 Apple App Store
If you download or use the SiteX application from the Apple App Store, you acknowledge and agree to the following:
(1) Acknowledgement. This EULA is concluded between you and the Company only, and not with Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for the SiteX application and its content. Apple is not a party to this EULA.
(2) Scope of License. The license granted to you for the SiteX application is a limited, non-transferable license to use the application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where applicable.
(3) Maintenance and Support. The Company is solely responsible for providing any maintenance and support services for the SiteX application, as required under applicable law or as specified in this EULA. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
(4) Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the SiteX application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the application; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
(5) Product Claims. The Company, not Apple, is responsible for addressing any claims by you or any third party relating to the SiteX application or your possession or use of the application, including but not limited to (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
(6) Intellectual Property Rights. In the event of any third-party claim that the SiteX application or your possession and use of the application infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(7) Legal Compliance. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(8) Developer Name and Address. Questions, complaints, or claims with respect to the SiteX application should be directed to Sitex LLC, PO Box 93, Otto, NC 28763; email legal@sitexready.com; phone (864) 416-1195.
(9) Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the SiteX application.
(10) Third-Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA, and that upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of this EULA.
H.2 Google Play
If you download or use the SiteX application from the Google Play Store, your use of the application is also subject to the Google Play Terms of Service and the then-current Google Play business and program policies. Google is not a party to this EULA, and the Company, not Google, is solely responsible for the SiteX application and its content.
— END OF END USER LICENSE AGREEMENT —
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