(a) Licenses. Subject to these Terms and zyour compliance with them, Polaris grants to you a non-transferable, non-sublicensable, non-exclusive, revocable right during the term of these Terms to:
(i) access and use the Sites (a) solely for your personal, non-commercial purposes and (b) strictly in accordance with these Terms and all Polaris standards, rules, policies, and procedures as specified by us from time to time (“Polaris Policies”);
(ii) download, install, access, and use an object code version of one or more of the Mobile Apps on your personal mobile device (a) solely to monitor or control the Products that you own for your personal, non-commercial purposes and (b) strictly in accordance with these Terms, all of the relevant Mobile App(s)’ documentation, and all Polaris Policies; and
(iii) use an object code version of the Product Software and the RIDE COMMAND+ Features, if any, that we provide to you for your use with such Product Software (a) solely on the Products that you own, in conjunction with such Products, for your personal, non-commercial purposes, and (b) strictly in accordance with these Terms, all Product, Product Software, and RIDE COMMAND+ Feature documentation, and all Polaris Policies. Notwithstanding the preceding sentence, to the extent that the RIDE COMMAND+ Features include TSYS Products (as defined in Section 4(f) below), such TSYS Products are subject to the licensing provisions set forth in Section 4(f).
(b) Updates. Polaris may from time to time (but has no obligation to) develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance, security, or functionality of the Services, or to ensure conformity with applicable legal requirements (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You hereby consent to these automatic updates. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services. If you do not terminate a previously created Account, you may receive Updates automatically. You acknowledge that you also may be required to install Updates to use the Services, and you agree to promptly install any Updates that Polaris provides. Any Update provided to you by Polaris shall be deemed part of the associated “Service” for purposes of these Terms. Your failure to install an Update that we make available to you may result in Service malfunctions or interruptions, for which Polaris is not liable.
(c) Polaris-Provided Interface to Third-Party Products & Services. Over time, Polaris may provide the opportunity for you to interface the Services to one or more third-party products and services, through and using the Services (“Third-Party Products & Services”). You decide whether and with which Third-Party Products & Services you want to interface. The Third-Party Products & Services are provided to you under separate terms and conditions offered by the relevant third parties and do not form part of the Services. When you choose to connect Third-Party Products & Services to the Services, you may be shown details about any proposed exchanges of data between Polaris and the third party that is providing the product or service. Your activation is required through the Services or a third-party mobile application, product, or service to allow these exchanges, and the connection between the Services and a third-party product or service will not be possible without your activation. You agree that Polaris may exchange information collected through the Services, including your personal information, in order to enable the interface you have authorized. Once this information is shared with the particular Third-Party Product & Service, its use will be governed by the third party's terms and conditions and privacy documentation, and not by Polaris' privacy documentation. Without limiting anything set forth in Section 9 below, you acknowledge and agree that Polaris makes no representation or warranty about the quality, availability, or safety of any Third-Party Products & Services or the interface thereof with the Services, and Polaris is not responsible for your use of any Third-Party Products & Services and does not assume any liability for any personal injury, death, property damage, or other harm or losses arising from or relating to your use of any Third-Party Products & Services. You should contact the relevant third party with any questions about its Third-Party Products & Services. Your use of any Third-Party Products & Services is at your own choice and risk.
(d) Content and User Submissions. Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations) (“Content”). “Content” also includes all materials (including all text, graphics, articles, photographs, video, images, and illustrations), feedback, comments, questions, and other information that you and other users provide us in the course of using or otherwise in connection with the Services (collectively, “User Submissions”), which we may use for any purpose, including to provide, maintain, and/or improve the Services. Some of your User Submissions may be visible to others.
(ii) You are solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, provide to us in connection with, or contribute in any manner to any of, the Services. You represent and warrant that you: (a) have all rights necessary to provide all of your User Submissions to us, in the manner in which you provide such User Submissions, and to make all grants made by you hereunder, free and clear of any conflicting agreement, adverse claim, or interest of any third party; and (b) will not contribute to any of the Services or otherwise provide to us any User Submission that (i) violates any law, statute, ordinance, or regulation or is otherwise illegal, (ii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or (iii) impersonates any person, including any employee or representative of Polaris.
(iii) You hereby grant to Polaris an irrevocable, perpetual, worldwide, royalty-free, assignable, sublicensable, transferable right and license to use, modify, transfer, distribute, create derivative works from, reproduce, display, perform, and otherwise utilize in any manner and for any purpose to be determined in our sole discretion (i) all such User Submissions, (ii) your name, photograph, likeness, image, voice, and appearance to the extent any of the foregoing is included or provided in connection with any of your User Submissions, and (iii) any and all patent, trademark, trade secret, copyright, or other proprietary rights in and to each of the foregoing. If you reside in the European Union, the license granted under this Section is granted for the duration of the applicable intellectual property rights in the Content, in any means and media, in whatever form, whether known or unknown, existing, or future.
(iv) You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose whatsoever any Content or third-party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third-party right. Polaris reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.
(e) Certain Restrictions. You shall not, and you shall not permit or encourage any person to, do any of the following: (i) license, sublicense, market, sell, rent, lease, transfer, assign, distribute, publish, post, transmit, host, or otherwise commercially exploit any of the Services; (ii) modify, alter, translate, make derivative works of, disassemble, decompile, or reverse engineer any part of any of the Services; (iii) access or use any of the Services in order to build a similar or competitive service or product; (iv) except as expressly authorized herein, copy, reproduce, download, or display in any form or by any means any part of any of the Services; (v) upload, transmit, or distribute any computer virus, worm or other software, code, technique, or security vulnerability intended to damage or alter (or which could be capable of damaging or altering) any of the Services and/or the processing environment in which any of the Services is used or received; (vi) interfere with, disrupt, or gain (or attempt to gain) unauthorized access to any of the Services or any of the servers or networks connected to any of the Services, or violate any of the regulations, policies, or procedures of or applicable to any such network; (vii) access (or attempt to access) any of the Services by means other than through the interface(s) that is provided by Polaris; (viii) remove, obscure or alter any proprietary rights notice (including copyrights and trademark notices) which may be contained in or displayed in connection with any of the Services; (ix) obtain or access (or attempt to obtain or access) any password, account, product, device, system, or other security information from any other Service user or third party; or (x) access or use any of the Services in any manner that (a) infringes, misappropriates, or violates any intellectual property right or other right of any person, (b) violates any applicable law, rule, or regulation, (c) jeopardizes the security of your Account or anyone else’s Account (including by allowing someone else to log in to the Services as you), (d) runs Mail list, Listserv, or any form of auto-responder or “spam” on the Services, or (e) violates or is otherwise inconsistent with any provision of this Agreement.
(f) Open Source. Certain items of independent, third-party code may be included in the Services that are subject to certain open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license agreement under which such Open Source Software is distributed or to which it is subject.
(g) Privacy. Please review the RIDE COMMAND Privacy Notice, which describes our practices regarding the information that Polaris may collect from users of the Services.
(h) Modification. Polaris reserves the right, at any time, to modify, suspend, or discontinue the Services or any part of the Services with or without notice. You agree that Polaris will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part of the Services. Where required by law, such modifications are made without prejudice to your rights relating to legal warranties in Section 9 of these Terms.
(i) Access Outside Certain Countries. Although some of the Services may be accessible worldwide, the Services are not available to all persons or in all countries. If you choose to access the Services from outside a country in which Polaris supports the Services ("Target Country"), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Services are not designed for use in a non-Target Country, and some or all of the features may not work or be appropriate for use in such a country. To the extent permissible by law, Polaris accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Services in a non-Target Country. You will be bound by these Terms wherever you use the Services.
(j) U.S. Government Owners and Authorized Users. The Services are a "Commercial Item," as that term is defined at 48 C.F.R. § 12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, and, if applicable, the Services are being licensed to U.S. Government end users (i) only as a "Commercial Item," and (ii) only with those rights as are granted to all other Owners and Authorized Users pursuant to these Terms. The contractor/manufacturer is Polaris Industries Inc., 2100 Hwy 55, Medina, MN 55340.