UINTA USER AGREEMENT

May 2024

Welcome to Uinta!  Uinta is a mapping and data collection software that allows users to configure data collection projects to meet their specific needs.  Projects created in Uinta help standardize field data collection efforts and includes features to facilitate sharing project data between the office and field users.  Uinta may be used in accordance with this User Agreement (herein, the “Agreement”), which is a legal agreement between you, either an individual or a single entity, (herein, “Customer”) and Juniper Systems, Inc.  PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS ELIGIBILITY FOR AND USE OF THE SERVICES.

For detailed information on how to cancel our subscription, see Section 2 below.

Uinta is a software product offered by Juniper Systems Inc., located at 1132 West 1700 North, Logan, UT 84321, is referred to in this Agreement as “we”, “us”, “our”, and “Juniper”.  The “Services” include the Uinta software application (hereinafter referred to as “Software Application”), the License Manager website, and other instructional documentation and services hosted on the Juniper website, now known or hereafter devised.

Acceptance: Use of the Services is subject to compliance with this Agreement.  If you do not agree with this Agreement, you may not use the Services. If the software application was installed on the mobile device at the factory, you must delete it.

This agreement supersedes any prior agreement, written or oral.

Section I: User Subscription and User License Accounts

 

  1. Subscription: Users that have purchased a subscription to the Software Application must do so by providing certain information (e.g., a valid email address, a valid billing address, etc.), and agreeing to this Agreement.  You are solely responsible for maintaining the confidentiality and security of your email address and password and for all activities that occur on or through your subscription account.  However, if you allow others to access your account, this Agreement, as well as any specific consents you may have provided to us, also applies to their access, use, and disclosure of information. You agree to immediately notify us of any unauthorized access to your account. We will not be responsible for any losses arising from the unauthorized use of your account.
  2. User License: Users that have purchased a subscription to the Software Application may assign user licenses to other email addresses.  Additional Users that gain access to use the Software Application via a User License must also comply with the terms of this Agreement.

 

Section II: Subscription Terms

 

  1. Subscription Billing and Auto-Renewal: Your subscription to the Services includes enrollment into an ongoing/recuring payment plan.  The initial purchase is for the first term of the subscription only.  Subscriptions purchased online will be enrolled to automatically renew at the end of the disclosed subscription period. Users that prefer to opt-out of automatic renewals may do so by contacting Juniper Systems by email at  sales@junipersys.com or contacting general technical support at 435-753-1881 between 8-5pm MST. Payment will be charged to the billing information that you provide within the License Manager, unless cancelled prior to the end of the disclosed subscription period.  When you provide a payment method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced.  You acknowledge that the timing of when you are billed may vary due to free trials and other promotional offers, coupon redemptions, credits applied, or changes in your subscription or payment method.
  2. Subscription and License Pricing: Juniper reserves the right to update pricing of the Service Tiers. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes.
  3. Taxes: All pricing is exclusive of taxes and similar assessments. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on Provider's income.  Customers that qualify for tax exemption may contact Juniper at sales@junipersys.com to provide tax exemption status.
  4. Free Trials and Promotions: Your subscription to the Services may begin with a free trial.  Any free trial is valid for new and eligible returning subscribers only.  Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below.  You can cancel your subscription at any time before the end of your free trial.  We provide notice of the terms of the free trial at the time you subscribe, and you may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.  We may also offer, in our sole discretion, promotions (e.g., a promotional price, bundled subscription, device-specific offer) subject to promotional terms disclosed during your subscription start or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
  5. Cancellation and Refund Policy: YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD, FREE TRIAL OR PROMOTION. CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT SUBSCRIPTION PERIOD UNLESS OTHERWISE DISCLOSED. IF YOU CANCEL, YOU WILL CONTINUE TO HAVE ACCESS TO THE SERVICE THROUGH THE END OF YOUR CURRENT SUBSCRIPTION PERIOD, UNLESS YOU ARE SUBSCRIBED THROUGH A FREE TRIAL, PROMOTIONAL CODE OR OTHER CREDIT, IN WHICH CASE CANCELLATION MAY BE EFFECTIVE IMMEDIATELY.  WE DO NOT REFUND OR CREDIT FOR PARTIALLY USED SUBSCRIPTION PERIODS, ALTHOUGH WE MAY PROVIDE SUCH REFUNDS OR CREDITS ON A CASE-BY-CASE BASIS IN OUR SOLE AND ABSOLUTE DISCRETION.  IF YOU CANCEL, OR IF YOUR SUBSCRIPTION IS CANCELLED DUE TO FAILED ATTEMPTS TO CHARGE YOUR PAYMENT METHOD, YOU WILL FORFEIT ANY SERVICE OR CREDITS. TO CANCEL YOUR SUBSCRIPTION TO THE SERVICES, LOG INTO JUNIPER’S LICENSE MANAGER (https://licensing.junipersys.com/), SELECT THE SUBSCRIPTION THAT YOU WANT TO CANCEL, SELECT “MORE” AT THE TOP RIGHT OF THE SUBSCRIPTION, SELECT “MANAGE BILLING”, AND THEN SELECT “CANCEL SUBSCRIPTION” AND FOLLOW THE INSTRUCTIONS.
  6. Payment Details: We will keep your detailed payment information, such as credit card number and expiry date, on file.  You are responsible for keeping your payment details up-to-date by changing the details in your account settings.  You authorize us to continue to charge your card using the updated information. In the event of a failed attempt to charge your payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment method. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription.
  7. Professional Service Fees: Juniper reserves the right to request and charge for agreed upon professional service fees on any service provided to you outside of the expected use of the Services.  This may include, but is not limited to feature enhancement requests, new functionality requests, exceptional support or training, business process consulting, and investigations into system incompatibility and other troubleshooting that is not the direct fault of the Services.

 

Section III: Copyright License Grant and Restrictions

 

  1. License: Subject to the terms and conditions in this Agreement, we grant you a limited, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to use the Services for your personal or business purposes.  This is a license agreement and not an agreement for sale or assignment of any rights in the Services.  Proprietary design and computer code of the Services are property of Juniper.
  2. Ownership: The Services, including all intellectual property rights therein, is and shall remain the exclusive property of Juniper. Juniper reserves all rights not expressly granted to you in this Agreement. The Services are protected by copyright and other intellectual property laws and treaties.  The Services are licensed, not sold. This Agreement does not grant you any rights to trademarks or service marks of Juniper or its suppliers.
  3. Content Ownership: 
    1. “Content” definition:
      1. “System Content” is defined as content stored in the Services and is not input by you, the user.
      2. “Customer Content” is defined as information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of you through the Services.
      3. “Output Content” is defined as content output from the Services by you, the users.
    2. Juniper acknowledges that you own all rights, title, and interest, including all intellectual property rights, in and to the Customer Content.  You hereby grant Juniper a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and use and display the Customer Content solely to the extent necessary for Juniper to provide the Services as defined in this Agreement.
    3. Juniper may use statistics of Customer Content for its own purposes but will not use any personally identifiable information (PII) or specific Customer Content without express permission from the Content owner.
  4. Restrictions on Use of the Services: You agree that you will not, nor permit another person, to do any of the following without written permission, and that these restrictions are a condition to your license:
    1. sublicense, rent, lease, sell, distribute, or otherwise transfer the Services or any rights granted under this Agreement;
    2. copy the Licensed Software except: (i) as necessary to read the Software Application from the media into the memory of a computer solely for the purpose of executing it on a single machine, or (ii) to create an archival copy.  End Licensees agree that any such copies of the Software Application shall contain the same proprietary notices which appear on and in the Software Application;
    3. install or access, or allow the installation or access of, the Services over the Internet for the purposes of making the Services available to third parties;
    4. modify the Services, including, but not limited to, by removing identification, copyright or other proprietary notices from the Services;
    5. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Services;
    6. reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services;
    7. damage, disable, overburden or impair the Services, including by introducing viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Services;
    8. use the Services in any unlawful manner (whether criminal or civil), for any unlawful purpose, or in any manner inconsistent with this Agreement, including in a manner that would violate our Privacy Policy or the rights or otherwise interfere with any other person’s use of the Services;
    9. utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by Juniper or its licensors in connection with the Services, or use the Services together with any, authorization code, serial number, or other copy protection device not supplied by Juniper or its licensors; 
    10. upload any content to the Services, or use the Services to display or store any content: 
      1. for which you do not have all necessary permissions from the copyright holder(s); 
      2. which includes nudity or is obscene, indecent or pornographic; 
      3. which is intended to exploit minors in any way; 
      4. which incites, advocates, or expresses hatred, bigotry, racism, or gratuitous violence; or 
      5. which is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so.

 

Section IV: Usage Terms

 

  1. Service Tiers: When purchasing your subscription to the Services, you may be presented with different plans or options (each a “Service Tier”). Different Service Tiers or other offerings may be subject to differences in pricing, usage rules, restrictions, features, and term length.
  2. Term: The term of the services you receive will correspond to the subscription period you select, as specified within the Services interface at the time of purchase. You have the option to select from various subscription lengths and Service Tiers, as presented by Juniper at the time of purchase or renewal. Your subscription term will automatically extend for the same duration upon renewal, according to the options available at that time.
  3. Compatible Devices and Software: Use of the Services requires compatible devices, and certain software may require periodic updates, and your use of the Services may be affected by the performance of these elements. Please visit the Uinta product page FAQs on the Juniper Systems website at Uinta software product page to see recommended minimum device performance requirements and supported operating systems.
  4. Service Support: Support for the Services is provided by Juniper free of charge to users holding a current subscription.  Support for users with expired subscriptions will be made available for a fee.  Exceptional support or training requests may accrue Professional Services Fees – see Section II above.
  5. Content Limits: In general, Juniper will not impose a limit on the volume of Content that you can input into the Services.  Notwithstanding any oral or written agreement outside of this Agreement and in the event of excessive content added to services, Juniper Systems reserves the right to recommend alternative approaches to reduce excessive consumption of services and if necessary, impose a limit on volume of Content input into the Services within a given timeframe from any User(s)
  6. Data Retention Policy: Juniper will retain your Content for the term of your subscription unless otherwise defined in other provisions on access to or retention of data defined in this Agreement.  After your subscription has been canceled or otherwise terminated, per the provisions in this Agreement, Juniper does not guarantee the retention of any Customer Content stored in the Services. Customers may request access and export to their data after a subscription period has expired by contacting Juniper Systems Technical support. Contact information is listed on the Juniper Systems website at https://www.junipersys.com/.
  7. Data Backup: 
    1. Local First Offline: The Software Application’s technical architecture utilizes a ‘Local First Offline’ approach to storing customer project data. The Software Application first saves customer captured data locally on the user device, then synchronizes data to the cloud. In the event of unplanned system outages (ex. cloud downtime, poor or no internet service, etc.), you may continue to work as normal with data being stored locally on the device. As systems and/or internet connections are restored, project data is synchronized from the local device to the cloud.
    2. File Export: You may choose to back up your project data at intervals that support your business requirements.
      1. Project file export: you may export your entire project database to a file (.db) that may be stored at a location that you choose (ex. Google Drive, Dropbox, USB memory stick, etc.). In the event of unplanned data loss, the previously exported project database file (.db) may be reimported back to the Software Application as a new project containing all data and project templates present at the time of export.
      2. Industry Standard File Format Exports: You may export your project data to industry standard file formats (ex. Microsoft Excel, Google KML, PDF, etc.) and back up your data at a location that you choose (ex. Google Drive, Dropbox, USB memory stick, etc.).
    3. Cloud Services Backup and Restoration: The Software Application integrates industry standard cloud services to support project cloud data synchronization. In addition to System Content supporting data recovery, all cloud projects are automatically backed up daily and the backups are retained for seven (7) days. More frequent backup and recovery may be achieved by using the methods described above.
  8. Unavailability: It is possible that the Services and/or some or all Content may not be available at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of force majeure (e.g. war, riots, strikes, social unrest); or (iv) as a result of other matters beyond the control of us or third parties.
  9. Updates to Services: Juniper Systems may provide updates to the Services at its discretion. You agree to install such updates promptly to ensure the proper functioning of the Services.  Failure to install updates promptly may result in termination of this Agreement. After installing the updates, you may no longer use the original software that formed the basis for your update eligibility, except as part of the updated Services.  In general, Juniper strives to add functionality that helps enhance the use of the Services, but from time to time, Juniper may choose to remove any functionality at its sole discretion.

 

Section V: Termination Right

You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Services, and to any Content if we believe you are using or have used the Services in violation of this Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to your account for cause, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your account has been created fraudulently, your account has been accessed fraudulently, or anyone uses your account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. We also reserve the right, but are not required, to terminate any account that remains inactive for an extended period of time, e.g., more than one year (failure to log in to your account will constitute inactivity for purposes of this Agreement).

You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your account or the Content.

We also reserve the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination.

Our decision to delay exercising or enforcing any right or remedy under this Agreement will not constitute a waiver of such right or remedy with respect to any party.

UPON TERMINATION OF YOUR ACCOUNT, WHETHER TERMINATED BASED ON OUR DETERMINATION OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE SUBSCRIPTION PERIOD), YOU WILL LOSE THE RIGHT TO ACCESS THE SERVICES AND CONTENT THROUGH THE SERVICES AND YOU MUST DESTROY ALL COPIES OF THE SERVICES AND ALL OF ITS COMPONENT PARTS.

Survival: This Agreement and its provisions survive any termination or expiration of this Agreement.

Section VI: Additional Provisions

 

  1. Third Party Notices: The Services may integrate, be integrated into, or be provided in connection with third-party services and devices.  We do not control those third-party services and devices. Please refer to the Third Party Notices section within the Software Application for each operating system platform.  You should read the terms of use, agreements, privacy policies, and safety information that apply to such third-party services and devices.  Juniper Systems will not provide direct notification of the addition or removal of any third-party service or devices.
    1. Links to Third Party Sites: Juniper is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Juniper provides these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Juniper of the third-party site or service.
  2. Data Security: Juniper will use reasonable measures to protect the security and integrity of the Services and Content. However, you acknowledge that no system is completely secure, and Juniper Systems does not guarantee the security of the Services or your Content. Juniper Systems incorporates data security best practices in the Software Application technical design and associated business processes related to maintaining the Software Application.
    1. Juniper employs encryption mechanisms to safeguard data at rest on our servers and in transit. Specifically, we use transparent data encryption to encrypt all data stored on our systems. This encryption helps prevent unauthorized access to sensitive information and ensures that data remains protected even in the event of a security breach. The data stored locally on the client’s computer may not be encrypted and it is up to the individual user to secure and protect their local devices and data.
    2. When transmitting data between systems, we use secure protocols and encryption methods to protect data integrity and confidentiality. This includes the use of encryption algorithms such as SSL/TLS for communications between our client and server applications.
    3. Access to data is strictly controlled and limited to authorized personnel who require it to perform their duties.
    4. For internal access to customer data we implement secure user authentication methods, such as strong passwords to prevent unauthorized access.
    5. Customer passwords are never stored in plain text. Instead, we employ industry-standard software and security practices to store passwords securely and ensure the protection of user credentials.
    6. We employ a multi-tenant architecture model to handle data storage and access. This model allows us to securely and efficiently serve multiple clients within a shared infrastructure.  Customer Content is segregated virtually in industry standard cloud database technology.  We follow stringent security practices to maintain the privacy and confidentiality of each client's data.  
  3. Feedback and Ideas: We welcome your feedback and ideas about our Services. When you share feedback or ideas, whether solicited or unsolicited, with us, you agree that Juniper has the right to use, without any restriction or compensation to you, any feedback, suggestions, or ideas you provide. These will be considered non-confidential and non-proprietary. Juniper may use them for any purpose, including improving the Services and developing new products.
  4. Contact Information: Our contact information can be found on the Juniper website (https://www.junipersys.com/).  Contact availability is subject to Mountain Time Zone business hours, and standard United States holiday schedules.
  5. Notices: Any notices that we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Services.  You consent to receive electronic communications from the Services you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements.  You agree to provide and maintain accurate, current and complete information, including contact information for notices and other communications from us.
  6. Disclaimer of Warranties: The Services have no warranty, express or implied. Juniper provides the Services and support services AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Services or otherwise arising out of the use of the Services.
  7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL JUNIPER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS  INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY  OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY JUNIPER AND ITS SUPPLIERS, AND EVEN IF JUNIPER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  8. Limitation of Liability and Remedies:  To the maximum extent permitted by applicable law, Juniper Systems and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Services, even if Juniper and its suppliers have been advised of the possibility of such damages. In any case Juniper and any of its suppliers' entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Services.
  9. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Utah in the United States, without regard to its conflict of law principles.
  10. Waiver: The failure of Juniper to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.  
  11. Entire Agreement: This Agreement (including any addendum or amendment to this Agreement which is included with the Services) is the entire agreement between you and Juniper relating to the Services and the support services and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered by this Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
  12. Amendments: Juniper reserves the right to amend this Agreement at any time by posting the amended terms on its website. Juniper will provide customers with at least 30 days' advance notice before changes take effect. Your continued use of the Services after such changes constitutes your acceptance of the new terms.  If you do not agree to any change to this Agreement, you must discontinue using the Services.  Our customer service representatives are not authorized to modify any provision of this Agreement, either verbally or in writing.
  13. Severability: If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
  14. Privacy: Juniper respects the privacy of its customers. We collect, use, and protect your personal information in accordance with our company Privacy Policy, which is incorporated into this Agreement by reference and can be found on our website.
  15. Attorneys’ Fees & Expenses: If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, litigation expenses, and necessary disbursements in addition to any other relief to which such party may be entitled. 

 

By installing, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you should not use the Services.