Please read this End User License Agreement ('EULA') carefully before using the Atlas Surveying Inc. (inclusive of any and all subordinated entities thereof) ('ATLAS') 'CrewView2 application ('CrewView App'), which allows You to access ATLAS-owned data and ATLAS-provided internet-delivered services ('AtlasNET Data Services') via either a personally-owned and/or ATLAS-owned(provided) device.
This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively 'You' and 'Your') and ATLAS (each separately a 'Party' and collectively the 'Parties') as of the date you first use the CrewView App. Your use of the CrewView App is subject to this EULA and Your use of AtlasNET Data Services remains subject to the existing agreement governing such use (the 'Atlas Surveying Inc. Information Technology Acceptable Use Policy (ITAUP)'). With respect to the use of the CrewView App, and to the extent the Atlas Surveying Inc. Information Technology Acceptable Use Policy (ITAUP) conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the CrewView App.
1. License
ATLAS grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the CrewView App soley for ATLAS-related business purposes strictly in accordance with this EULA and the Atlas Surveying Inc. Information Technology Acceptable Use Policy (ITAUP).
2. Your Account
Your use of the CrewView App requires that You have an authorized system-access account issued by ATLAS and agree to the terms of the Atlas Surveying Inc. Information Technology Acceptable Use Policy (ITAUP).
3. Changes to this EULA
ATLAS reserves the right to modify this EULA at any time and for any reason. ATLAS will post the most current version of this EULA at: AtlasNET Tribrach Portal >> Legal >> Mobile EULA . If ATLAS makes material changes to this EULA, You will receive notification via electronic-mail ('e-mail') delivered to the e-mail inbox associated with your ATLAS-issued system-access account. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at the aforementioned website even if these updated terms appear online at the aforementioned website before being posted within the CrewView App. Your continued use of the CrewView App after ATLAS publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support
ATLAS may deploy changes, updates, or enhancements to the CrewView App at any time. ATLAS may provide maintenance and support for the CrewView App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that Apple (for iOS CrewView App), Google (for Android CrewView App), nor Microsoft (for PowerPlatform CrewView App) have any obligation(s) whatsoever to furnish any manner of maintenance and/or support services in connection with the CrewView App.
5. Acceptable Use
You agree that You will not use nor encourage others to use the CrewView App or AtlasNET Data Services as accessed through the CrewView App in any way that could harm or impair others’ use of the CrewView App or the AtlasNET Data Service. Your use of the AtlasNET Data Service and the CrewView App is governed by the Atlas Surveying Inc. Information Technology Acceptable Use Policy (ITAUP) (a current version of which can be found at: AtlasNET Tribrach Portal >> Legal >> ITAUP.
You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, (b) the Google Play Terms of Service, for Android users accessing the Mobile App on an Android product, or (c) the Microsoft PowerApps Platform Terms of Service, for users accessing the CrewView App via the Microsoft PowerPlatform.
6. Privacy
In order to operate and provide the AtlasNET Data Service and the CrewView App, ATLAS may collect and retain certain information about You, including geospatial positioning and movement data, historical location data, technical data and telemetry data related to your use of the CrewView App. ATLAS may use third party service providers to help us collect and analyze this data. ATLAS uses and protects that information in accordance with the Atlas Surveying Inc. Privacy Notice (a current version of which can be found at: AtlasNET Tribrach Portal >> Legal >> PRIVACY Notice).
7. Consent to Electronic Communications and Solicitation
By downloading the CrewView App, You authorize ATLAS to send You (including via email and push notifications) information regarding the AtlasNET Data Service and the CrewView App, such as: (a) notices about Your use of the AtlasNET Data Service and the CrewView App, including notices of violations of use; (b) updates to the AtlasNET Data Service and CrewView App and new features or products; and (c) promotional information and materials regarding ATLAS events, products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging, at any time through CrewView App settings.
8. No Warranty
YOUR USE OF THE CREWVIEW APP IS AT YOUR SOLE RISK. THE CREWVIEW APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATLAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The CrewView App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible for use of the CrewView App is solely Your responsibility, and downloading the CrewView App is done at Your own risk. ATLAS does not represent or warrant that the CrewView App and Your device are compatible or that the CrewView App will work on Your device.
8.1 iOS Application
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE CREWVIEW APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
8.2 Android Application
GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.3 PowerPlatform Application
MICROSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.Suspension and Termination of the CrewView App
ATLAS reserves the right to suspend or terminate Your access to the CrewView App and/or the AtlasNET Data Service at any time pursuant to the Atlas Surveying Inc. Information Technology Acceptable Use Policy (ITAUP). You understand that if Your account is suspended or terminated, You may no longer have access to content that is stored within and/or upon AtlasNET Data Services.
10. Intellectual Property Rights
In the event of a third party claim that the CrewView App, or Your possession and use of the CrewView App, infringes said third party’s intellectual property rights, ATLAS will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11. Legal Compliance
You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the CrewView App to or use the CrewView App to access AtlasNET Data Services in any such country.
12. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the State of South Carolina.
13. Contact Information
If You have any questions regarding this EULA, please contact ATLAS by email to: the AtlasNET Support Helpdesk, by phone at: (843) 645-9277, or by US Mail to: Attn: IT Department, 168 Broadwalk Drive, Suite A, Ridgeland, SC 29936-7968.
14. Third-Party Beneficiaries
This EULA is executed between You and ATLAS and not between you and any other party, including Apple for iOS users, Google for Android users and Microsoft for PowerPlatform users. You agree that any claims brought by You arising out of this EULA or Your use of the CrewView App will not be made against Apple, Google or Microsoft, as applicable. Notwithstanding the foregoing, Your acceptance of this EULA, allows Apple, Google or Microsoft, as applicable, to enforce this EULA against You as a third party beneficiary thereof. ATLAS is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.
Last Updated: 12-SEPT-2023