MOBITECH END USER LICENSE AGREEMENT
- 1.2. The Software is designated to enhance User’s Shopping experience by offering the User content such as advertising content (by itself or by its third party affiliates). Such content may be displayed to the User within the applicable Software app and may, upon prior consent, even present such ads and coupons when using third party websites or applications which are our partners.
- 1.3 The Software is designated to enhance User’s search experience by offering the user a native search experience, provided by third party search providers. Such content may be displayed to the User within the applicable Software app and may, upon prior consent, even present relevant ads to the searched terms.
- 2.1 The Software is designated to enhance your shopping experience by presenting information, deals and coupons that enables you an easy purchase from our Software or through the defined below Third Parties Services and/or enchance your search experience by providing a native search solution (“Purpose”).
- 2.2 Subject to the terms of this Agreement, Company grants User a limited, revocable, non-exclusive, non-transferable license (without the right to sub-license), to personally use the Software for the applicable Purpose, on his/her internet device. The license is granted to User and not sold to User. User may not use the Software if he is a minor according to the laws of his jurisdiction or if he is not the owner or approved administrator of the computer on which the Software is activated on.
- 2.3 Your license hereunder is limited not to allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part.
3. Restrictions of Use.
- 3.1.User shall use the Software in compliance with all applicable laws and not for any purpose other than the Purpose.
- 3.2.User will install the Software only in accordance with the instructions of the Company. Except as expressly provided in Section 2 above, User may not, nor may he enable anyone else to, directly or indirectly: (i) use or display the Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating; (ii) commercially distribute, rent, lease, market, sublicense, resell or otherwise transfer the Software or any portion thereof; (iii) copy or modify decompile, disassemble, create any derivative works or reverse engineer the Software or any portion thereof including in cases it is made available with any other software, product or program, (iv) remove any identification, including copyright, trademark, patent or other notices, contained in or in connection with the Software; or (v) use the Company’s name, logo or trademarks without its prior written consent; or (vi) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Licensed Application, or to manipulate the Licensed Application in any manner not consistent with its or their intended purpose(s). For avoidance of all doubt, Company reserves all rights not expressly granted in this Agreement, and disclaims any implied license, including implied licenses to copyrighted materials, trademarks or patents. At any time the Company according to its sole discretion may terminate User’s ability to use the Software or any portion thereof (including content or services provided through therein).
4. Copyright Restrictions.
- 4.1. User acknowledges and agrees that the Software may provide User with content which includes copyrighted material, trade secrets, patents (registered or pending), designs, information, methods, specifications, graphics, text, logos and other proprietary material (collectively, “Intellectual Property”). User shall not, shall not attempt to, and shall not allow any third party, to use, copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, adapt, sublicense, make any commercial use, sell, rent, lend, process, combine with other software, translate, modify, reverse engineer, disassemble or decompile any such content. Nor may he create any derivative works or other works that are based upon or derived from the aforementioned content in whole or in part.
- 4.2. Intellectual Property law including, Copyright law and certain international copyright treaty provisions protect all parts of the Software and all content provided therein or therewith (including all products and services). No program, code, part, image, audio sample, or text may be copied, or used in any way by the user except for the applicable Purpose.
5. Limitation of Responsibility.
- 5.1. THE USER EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND ANY SERVICES, PRODUCT Or Content PROVIDED Therein IS AT His SOLE RISK (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO his DEVICE) AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH the USER. THE CONTENT AVAILABLE ON THE SOFTWARE MAY INCLUDE INACCURACIES OR ERRORS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT DISPLAYED ON THE SOFTWARE INCLUDING TO THE PRODUCTS AND SERVICES OFFERED VIA THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, THE PRICING, THE APPEARANCE, THE PRODUCTS AND/OR SERVICES DESCRIPTION AND ATTRIBUTES ETC.).TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES, PRODUCT OR CONTENT PROVIDED THEREIN ARE PROVIDED ON AN “AS IS,” “WHERE-IS,” “WHERE AVAILABLE” AND “WITH ALL FLAWS AND/OR FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, PRODUCT OR CONTENT PROVIDED THEREIN, 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 COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH THE USER’S ENJOYMENT OF THE SOFTWARE THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PROVIDED BY, THE LICENSED APPLICATION WILL MEET the User’s REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES, PRODUCTS OR CONTENT PROVIDED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES, PRODUCTS OR CONTENT PROVIDED THEREIN WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY The COMPANY OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. IF THE SOFTWARE OR SERVICES, PRODUCTS OR CONTENT PROVIDED THEREIN ARE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF the User is DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE SOFTWARE OR WITH THE TERMS OF THIS EULA, his SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SOFTWARE AND Any SERVICES PRODUCT AND CONTENT PROVIDED THEREIN. 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. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP, THE SOFTWARE, THE SITE AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK.
- 5.2. Neither the Company, its affiliates, subsidiaries nor third parties who provide content or services therein, therewith or in connection thereto, are under any obligation to correct any errors in the Software or in the content or services therein, therewith or in connection thereto. The Company has no responsibility or obligation whatsoever to operate or maintain the Software or the content or services therein, therewith or in connection thereto.
- 5.3. In no event (including, without limitation, in the event of negligence) will the Company, its officers, directors, employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software (including the content provided therein therewith or in connection thereto) or the use or inability to use the Software or such content, or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
- 5.4. In any event the Company’s entire liability, without exception, is limited to the User reimbursement of the purchase price of the Software (if any). In the event that the Software was provided for no cost, the Company’s entire liability, without exception, under this Agreement will be equal to zero. In any event the Company’s entire liability under this Agreement is greater than zero due to the provisions of applicable law, any such liability shall not exceed the amount paid by user for the use of the Software. The existence of one of more claims will not enlarge this limit
- 5.5. Without derogating form the above, no action arising under or relating to this Agreement, regardless of its form, may be brought against the Company or any third party providing content or services through the Software or in connection thereto more than six (6) month after the cause of action has accrued and in any event no later than three (3) months after the termination of this Agreement.
- 5.6. The Company does not monitor the content or services which may be made available to the User by through the Software. The Company is not responsible for any such content or services and makes no representation or warranty of any kind, either expressed or implied, regarding any such third parties’ content including such content’s non infringement of third parties’ rights, accuracy, usefulness, safety of use or full compliance with applicable law.
- 6. Indemnification. User shall defend, indemnify, hold harmless, and defend the Company, its officers, directors, shareholders, employees, sub-contractors, agents and distributors or any third party providing content or services in the Software, or in connection thereto, from and against any claims, losses, debts, obligations, liabilities, costs or expenses (including but not limited to reasonable attorney’s fees) arising from or incurred as a result of, related to or are based on (i) User’s use of the Software or the content or services provided by third party therein, therewith or in connection thereto (ii) violation of this Agreement or the Private Policy. (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Software (including your violation of any third party rights) (iv) any claims for damages arising out of any decision made or action taken or not taken in reliance on the Content. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnification obligation will survive the termination or expiration of this Agreement and the termination of the User’s use of the Software.
- 7. Waiver. The use of the Software is made solely at the User’s risk and the User hereby waives any and all claims and causes of action against the Company in connection with any loss or damage User may suffer as a result of, or in connection with any of the Software or the service or content provided therein, therewith or in connection thereto.THE USER SPECIFICALLY WAIVES ANY RIGHT TO RESOLVE ANY DISPUTE ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED.
- 8. Third Party Services..
- 8.1 The Software incorporates content and services provided by third parties not owned or controlled by the brand. The Software may also incorporate or make available to you certain features and/or monetization tools which enables the brand (or other third parties) to provide you with information or content concerning the Software or other content the brand or other third parties think may be of interest to you, such as advertising material (including advertisements, coupons, sponsored messages, coupons, photographs, graphics, deals, or other commercial offers) (“Third Party Services“).
- 8.2 All rights in and to the Third Party Services, including all copyright, patent trademark, trade secret and other intellectual property rights protected by applicable laws are reserved and remain with such third parties and User hereby agrees that such third parties may enforce their rights against you directly in their own name.
- 8.4 The User is advised that the Product is subject to certain technical synchronization intervals, and that during certain periods of time products and/or services displayed through the Product may not be available through the Third Party Services.
- 9. Termination
- 9.1 The Agreement shall be effective as of the day you installed the Software. the brand or any third party designated by the brand shall be entitled to terminate this Agreement at any time and for any reason (or for no reason) without any prior notice.
- 9.2 Any failure to comply with this Agreement or the termination of this Agreement (which ever occurs first) will result in the automatic and immediate termination of the licenses granted herein. Upon termination of the license granted herein for any reason, User agrees to immediately cease the use of the Software. The financial obligations incurred by the User before the termination of this Agreement shall survive any expiration or termination of the Agreement.
11. Governing Law. This Agreement shall be governed by the laws of the State of New York. The competent courts located in Manhattan, New York shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts.
12. Severability.If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
14. Contact Information.
- For any lack of clarity with respect to the Terms or for any questions the User may have, Users are invited to contact the Company at http://mobitech.io/contact_us.html I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. Please indicate your acceptance by clicking ‘I ACCEPT’.
This document was last updated on January 5, 2016.