End-User License Agreement

This is a legal agreement between you and the City of Roanoke, (“City of Roanoke”) stating the terms that govern your use of the iROANOKE application (“licensed application”). This agreement, together with all updates, additional terms, software licenses, and all of the City of Roanoke’s rules and policies, collectively constitute the “agreement” between you and the City of Roanoke. By installing the licensed application, you are indicating that you agree to these terms. If you do not agree to these terms, do not install or use the application. You must accept and abide by these terms as presented to you. Changes, additions, or deletions are not acceptable, and the City of Roanoke may refuse access to the licensed application for non-compliance with any part of this agreement.

The Licensed Application is licensed, not sold, to you for use only under the terms of this license, unless accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance
of that separate license agreement. The licensor (City of Roanoke) reserves all rights not expressly granted to you.

a. Scope of License: This license granted to you for the Licensed Application by the City of Roanoke is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any iPod touch or iPhone that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any of the foregoing restrictions 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 Licensed Application). Any attempt to do so is a violation of the rights of the City of Roanoke and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the City of Roanoke that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that the City of Roanoke 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 to you (if any) related to the Licensed Application. The City of Roanoke may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination: The license is effective until terminated by you or by the City of Roanoke. Your rights under this license will terminate automatically without notice from the City of Roanoke if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

d. Services; Third Party Materials: The Licensed Application may enable access to the City of Roanoke’s and third party services and websites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service.

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the City of Roanoke shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the City of Roanoke is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or website. The City of Roanoke does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials, or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Financial information displayed by any Services is for general information purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property, or environmental damage. Neither the City of Roanoke, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that any Service containing proprietary content, information and material is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the City of Roanoke is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from displayed on or linked to or from the iPhone or iPod touch are not available in all languages or in all countries. The City of Roanoke makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The City of Roanoke, and its licensors, reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the City of Roanoke be liable for the removal of or disabling of access to any such Services. The City of Roanoke may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

You understand that the City of Roanoke may offer integration, its own and/or with third party Services, for your convenience. Further, you understand that the City of Roanoke is not affiliated with or otherwise sponsored by these third party services. The City of Roanoke shall not be responsible for the contents of, updates to, or privacy practices of these third parties, which may differ from those of the City of Roanoke. The personal data you may choose to give to such third party Services are not covered by the City of Roanoke’s privacy policies. Some third party companies may choose to share their personal data with the City of Roanoke, in which case such data sharing shall be governed by that third party’s privacy policy. The personal data you may choose to give to the City of Roanoke by means of registering the Licensed Application with the City of Roanoke shall be governed by the City of Roanoke’s privacy policy (found below and a full copy available from the City of Roanoke’s website).

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND THE CITY OF ROANOKE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE CITY OF ROANOKE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE CITY OF ROANOKE OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE CITY OF ROANOKE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CITY OF ROANOKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

g. Copyrights and Trademarks. Except where otherwise specified, the contents of the Licensed Application are copyrighted ©2014 City of Roanoke, all rights reserved. The contents of the Licensed Application are subject to protection under U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Licensed Application without the prior written consent of the City of Roanoke.

h. Privacy Policy: The City of Roanoke values your privacy and is dedicated to protecting your information and providing you with notice about the City’s information and providing you with notice about our information collection and use practices and how you have a choice to opt-in/out of any marketing or promotional contact from the City of Roanoke. You may choose to register the installed copy of the Licensed Application with the City of Roanoke by means provided in the Licensed Application. By voluntarily sharing personally identifiable information by means of registering the Licensed Application, you agree to the following privacy policy.

i. Personally Identifiable Information: When you register the Licensed Application, you must complete a registration form that requires you to provide Personal Information (including, without limitation, your name and email address).

j. Announcement Email Information: From time to time, we provide information about our products to customers in the form of email. When you register the Licensed Application, you will have the option to opt-in/out of Announcement Emails. After successfully registering the Licensed Application, you have the option to set your opt-in/out preference using the Licensed Application’s Alert Settings. Announcement Emails will be emailed directly to the address that you provide when you register.

We may place email links and/or forms on our Website to allow you to contact us directly. The Personal Information that you provide in these links and forms is used to respond directly to your questions or comments. We may also file your comments to improve our website, products, or process, or review and discard the Personal Information. All information, other than the Personal Information, that you send to the City of Roanoke using these email links or forms, will not be considered or treated as confidential information. Do not send us any information, ideas, suggestions, proposals, or comments that you consider confidential or that you want to be treated as confidential.


k. Use of Your Personally Identifiable Information. The City of Roanoke uses Personal Information to respond to your inquiries, improve our marketing and promotional efforts, to analyze Licensed Application and service offers, and to customize our services and Licensed Application(s). We may use Personal Information to deliver information to you and to contact you regarding administrative notices. We may also use Personal Information to resolve disputes and troubleshoot problems.

The City of Roanoke may use additional information not considered Personally Identifiable to analyze and improve troubleshooting techniques and responses, and to improve the value of Licensed Application(s) and services provided by the City of Roanoke or third parties.

If the email address you provide to the City of Roanoke is an email address that you access via a wireless device, you understand that your wireless carrier’s standard rates apply to these messages and that you may change your mind at any time and elect to not receive such messages. You also represent that you are the owner or authorized user of the wireless device on which the messages may be received, and that you understand and are authorized to approve the applicable charges.


l. Reminder Alerts: You may choose to allow the Licensed Application to provide reminder alerts. Should you allow the Licensed Application to provide reminder alerts, you understand and agree that this service may be provided using services operated outside of the Licensed Application, including, but not limited to, systems such as Apple’s Push Notification. You understand and agree that pertinent data needed for such alerts, including, but not limited to, the task name and due time, will be transmitted and temporarily stored on services operated and managed by the City of Roanoke, and that at the appropriate time, this alert data will be transmitted via corresponding services, e.g., Apple’s Push Notification Service, for delivery to your device or chosen delivery endpoints. At no time is the Personal Information you provide transmitted via the third-party delivery service unless as required by the nature of the delivery mechanism (electronic mail, for example, requires your name and email address for delivery). Should you disagree with the mechanism of this service, you agree to disable and not use reminder alerts as provided in the Licensed Application.

m. Links: The Licensed Application may include links to other applications or sites. This Privacy Policy applies to the Licensed Application only. Any information you submit to linked sites or other applications will be subject to the privacy policies of those sites or applications, if any. You should review those policies carefully before providing any information to these linked sites or applications.

n. Security: The City of Roanoke undertakes practical and reasonable steps to protect Personal Information from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction, or loss. Personal Information that we collect resides on servers operated by or for the City of Roanoke and is accessible only to personnel who, by virtue of their duties, are required to have access and have been trained in, and tasked with, the observance of the principles embodied in this Privacy Policy.

o. Enforcement: If you have any questions or complaints regarding how your Personal Information is treated under this policy or generally about the implementation of the principles of this policy, we encourage you to email Communications.

p. Changes to Privacy Policy: Should we decide to change this Privacy Policy, the City of Roanoke will update it with the release or update of the Licensed Application on Apple’s App Store, so that you will always know what Personal Information the City gathers, how the City may use it, and whether the City will disclose it to anyone. Unless you opt out of receiving Announcement Emails from the City of Roanoke, as you may do so in the manner described herein. The City of Roanoke may also notify you by email of changes to this Privacy Policy.

q. The laws of the Commonwealth of Virginia govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.