Last updated: January 10, 2020
The L8NT System
The L8NT System is a patented system that includes a computer- connected antenna device (the “Device”) with software and related drivers (“L8NT Client”) for connecting to a cloud-based platform (“L8NT Cloud”). The L8NT System works by receiving and analyzing wireless networking traffic for MAC addresses (“fingerprints”) of known stolen or wanted wireless-enabled devices. The L8NT System is able to detect wireless-enabled devices that are within range of the receiver as long as the wireless capability is activated. The mobile device does not need to be connected to a network, and connection to an encrypted network does not protect the device from detection. The L8NT System includes a backend database populated with the MAC address for wanted devices. This requires the Agency and other departments and users of the System to input the MAC address into the database.
In order to use the L8NT System, the Agency is required to purchase the antenna device (the “Device”) and install the L8NT Client on the computer that is running the Device. The L8NT Client and the L8NT Cloud are linked by a provision key to restrict the number of licensed L8NT Clients. The L8NT Client is subject to licenses described below, and L8NT Cloud is subject to the subscription described below.
Subscription to the L8NT System
Subject to the payment of fees in Section 4, and the other terms and conditions of this Agreement, Latent hereby grants Agency a non-exclusive, non-transferable subscription to the L8NT Services during the Subscription Term. The Subscription Term will begin on the Effective Date and continue for one (1) year. The Subscription Term will automatically renew thereafter for successive one (1) year periods, unless Agency notifies Latent at least thirty (30) days before the end of the then current period. Each successive annual renewal period becomes a part of the Subscription Term.
Agency Covenants, Representations and Warranties
The representations and warranties in this Section are important because other law enforcement officers may rely on the information in the L8NT System to seek a court order or otherwise take action to obtain the device associated with the MAC address or other information that you have inputted into the L8NT System. Along with the MAC address, the contact information for the reporting agent or agency is also required. Agency should verify the accuracy of any information in the L8NT System with the reporting agent or agency before taking any legal action. Latent is not in a position to review data that Agency or any other user or agency inputs into the L8NT System, and cannot nor will not be held liable for data inputted into the L8NT System. Once the device no longer meets the criteria of Section 3 for which it was entered, Agency must make sure that the MAC address is deactivated in the L8NT System, so that it is not acted upon later.
Payment and Fees
Use of the L8NT System requires an annual subscription for each L8NT Client. Each Device must be purchased separately. Agency agrees to pay the subscription fee on or before the annual anniversary of the Effective Date for the Subscription Term. The fees for the subscription to the Services are billed in advance, are non-refundable, and automatically renew on an annual basis. The Subscription Fee for each renewal period is subject to change, and such changes will be effective thirty (30) days after such changes have been posted on the website or after Agency has received notice from Latent for the next renewal period of the Subscription Term.
Latent reserves the right to deactivate Agency’s access to the L8NT Services and terminate the Agreement for failure to pay the Subscription Fee as described in this Agreement when due. Unless otherwise stated, all fees are stated in U.S. Dollars.
Cancellation and Termination
Agency can cancel the subscription and this Agreement at any time by sending Latent notice. All fees that have been billed to Agency are non-refundable, so Latent must receive such notice at least thirty (30) days before the renewal fee is due to avoid billing the Agency account.
Agency agrees that Latent owns all intellectual property rights in the L8NT Service. Except as expressly stated herein for the Subscription Term, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses with respect to the L8NT Services. Agency further agree that it will not: (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the L8NT Services in any form or media or by any means; (b) attempt to reverse compile, disassemble, emulate, reverse engineer or otherwise reduce to human-perceivable form all or any part of the L8NT Services; (c) access all or any part of the L8NT Services in order to build a product or service which competes with the L8NT Services; or (d) use the L8NT Services to provide services to third parties without prior written consent.
Limited Warranty and Disclaimer of All Other Warranties
LATENT PROIVDES A ONE (1) YEAR WARRANTY ON THE DEVICE THAT COVERS DEFECTS IN MATERIAL AND WORKMANSHIP, BUT NOT ACCIDENTAL OR INTENTIONAL DAMAGE, MISUSE OR ABUSE. AGENCY AGREES THAT AGENCY’S USE OF THE L8NT SYSTEM SHALL BE AT ITS SOLE RISK. THE L8NT SYSTEM AND ALL CONTENT THEREON ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. LATENT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LATENT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION FOUND IN THE L8NT SYSTEM. LATENT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR TO YOU OR ANYONE ELSE FOR ANY (I) ERRORS, MISTAKES, INTERRUPTIONS OR INACCURACIES OF ANY INFORMATION OR CONTENT, INCLUDING MAC ADDRESSES FOUND IN THE SYSTEM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF OR RELIANCE ON ANY INFORMATION FOUND IN THE SYSTEM, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY; AND/OR (IV) ANY INTERUPTIONS IN THE L8NT CLIENT OR THE L8NT CLOUD OR ANY TELECOMMUNICATIONS. LATENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, INCLUDING MAC ADDRESSES, FOUND IN THE SYSTEM. ALONG WITH THE MAC ADDRESS, THE CONTACT INFORMATION FOR THE REPORTING AGENT OR AGENCY IS ALSO REQUIRED. YOU SHOULD VERIFY THE ACCURACY OF THE INFORMATION WITH THE REPORTING AGENT OR AGENCY BEFORE TAKING ANY LEGAL ACTION.
Limitation of Liability
IN NO EVENT SHALL LATENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO AGENCY OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF INFORMATION FOUND IN THE SYSTEM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM AGENCY ACCESS TO OR RELIANCE ON ANY INFORMATION FOUND IN THE SYSTEM, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SYSTEM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SYSTEM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF AGENCY’S USE OF OR RELIANCE ON ANY INFORMATION INPUTTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE L8NT SYSTEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LATENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Latent may deliver notice to you under this Agreement by electronic mail, a general or specific notice on the website, a communication to your account or by written communication delivered by first class U.S. mail to your address on record.
Notices to Latent must be in writing and will be deemed given when (a) delivered personally, or (b) sent to address below, in which case notice is deemed given upon receipt:
L8NT, LLC, 136 S. Dubuque St., Iowa City, Iowa 52245
Latent may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. Agency will not, without the prior written consent of Latent, assign, transfer, charge, delegate, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.
No Partnership or Agency
Nothing contained in this Agreement will be construed to place Latent and you in a relationship as partners, joint venturers, or principal and agent, respectively.
This Agreement comprises the entire agreement between Agency and Latent with respect to your use of the L8NT Service, and supersedes all prior agreements between the parties regarding the subject matter contained herein. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa, without regard to its conflicts of law principles. Agency agrees to promptly and voluntarily submit to the exclusive jurisdiction of the Iowa courts located in Johnson County, Iowa or the United States District Court for the Southern District of Iowa located in Davenport, Iowa, with respect to any legal proceedings arising out of this Agreement, waiving all defenses with respect to jurisdiction, forum and venue. Any claim by you relating to this Agreement must be brought within one year of the date on which the claim arises. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision.
Agency agrees that money damages would not be a sufficient remedy for breach of this Agreement, and Latent shall be entitled to specific performance and other equitable relief for any such breach, without the necessity of posting any bonds, in addition to any other remedies available to it at law or in equity. No waiver or amendment of any term in this Agreement shall be binding on Latent unless made in a writing expressly stating that it is such a waiver or amendment and signed by an authorized agent of Latent.
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