App Policy

  1. Incorporation by Reference. This App Usage Policy is incorporated by reference into, and subject to, the Ace Metrix Terms of Use (the “Terms”). Capitalized terms used, but not defined, herein have the meaning given to them in the Terms.
  2. Limited License. All aspects of the Ace Metrix Service, including the Apps, are licensed, not sold or otherwise sold or transferred to you. Subject to your acceptance of, and ongoing compliance with, the Terms (including payment of any applicable license fees, and this App Usage Policy), Ace Metrix hereby grants you a limited, non-transferable, non-sublicensable, revocable license to use the Apps on a device that you own or control for your own personal enjoyment (or, in the case of a Subscribing Organization, for an internal business purpose). You may not use the Apps on any device that you do not own or control, and you may not distribute or make the Apps available over a network where they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, reproduce, redistribute or sublicense the Apps. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
  3. Applicability to Upgrades. The Terms or the terms of any separate license will govern any upgrades provided by Ace Metrix that replace and/or supplement the original Apps, unless such upgrade is accompanied by a separate license in which case that license will govern.
  4. Consent to Use of Data. You agree that Ace Metrix may collect and use technical data and related information, including, but not limited to, technical information about your smartphone, mobile 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 Apps. Ace Metrix may use and disclose this and other information you provide for a variety of purposes. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy.
  5. Special Considerations. You, and not Ace Metrix, are solely responsible for your use of the Apps, and you should use common sense, exercise good judgment, and follow all applicable laws and regulations when making choices concerning such use. Without limiting the generality of the preceding sentence, the following are some examples of particular considerations you should keep in mind: (i) never use the Ace Metrix Service while driving a motor vehicle or operating other machinery, or while engaging in other activities that require focused attention to accomplish safely; and (ii) stay aware of your surroundings and keep a firm grip on your device while using the Apps to avoid damage or injury to yourself, your device, or other people and property around you.