This Agreement is a legal agreement between you and MoboTap, Inc.for the Application, which includes computer software and may include “online” or electronic documentation. MoboTap reserves the right to change the terms and conditions of this Agreement at any time and such changes will be effective upon notice to you. Your continued use of the Application after any such change will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this Application.
1. License. Subject to the terms of this Agreement, MoboTap grants to you (i) a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license to permit those individuals authorized by you (“Users”) to use, execute and display the Application, in executable object code format only, solely for your own internal business operations. You agree to use the Application only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of the Application.
2. Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Application available to any third party other than an authorized User; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application; (c) you shall not access the Application to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; and (e) any future release, update, or other addition to functionality of the Application shall be subject to the terms of this Agreement.
4. Disclaimer of Warranties. The Application is provided to you free of charge, and on an “AS-IS” basis. MoboTap provides no technical support, warranties or remedies for the Application. You acknowledge that MoboTap is not responsible for any damage, loss, liability or result caused by widgets from other developers. MoboTap and its suppliers disclaim all express, implied or statutory warranties relating to the Application, including but not limited to, merchantability, fitness for a particular purpose, title, and non-infringement. MoboTap does not warrant that use of the Application will be uninterrupted, or error-free, that defects will be corrected, or that the Application is free of viruses or other harmful components. If applicable law requires any warranties with respect to the Application, all such warranties are limited in duration to ninety (90) days from the date of download or use.
5. Limitation of Liability. Neither MoboTap nor its suppliers shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, or (b) for any indirect, incidental or consequential damages including, but not limited to loss of revenues and loss of profits. MoboTap’s aggregate cumulative liability hereunder shall not exceed the greater of fifty dollars ($50.00) or the amount paid by you for the Application that caused such damage. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
6. Basis of Bargain. The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between MoboTap and you. MoboTap would not be able to provide the Application on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of MoboTap’s suppliers.
7. (If You are Located Outside of the USA) Consumer End Users Only. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in this Agreement shall apply to you only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
8. Term and Termination. This Agreement and the licenses granted hereunder are effective on the date you accept the terms of this Agreement and shall continue unless this Agreement is terminated by either party pursuant to this section. MoboTap may terminate this Agreement immediately upon notice to you in the event that you materially breach any of the terms hereof. You may terminate this Agreement at any time, with or without cause. You may terminate this Agreement by sending either an email to email@example.com with your name and the subject “REMOVE” or a letter by United States mail to: firstname.lastname@example.org or to such other address as MoboTap may specify in writing by posting the new address on the MoboTap website. Upon termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of the Application in your possession, but the terms of this Agreement which are intended to survive termination will remain in effect.
9. Export. The Application and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from MoboTop, or any products utilizing such data, in violation of the United States export laws or regulations. You will indemnify and hold MoboTap harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of its obligations under this section. Your obligations under this section shall survive the expiration or termination of this Agreement.
10. Miscellaneous. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to the conflict of laws provisions therein that would require application of the laws of another State. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in California, with sole venue in the courts located in Santa Clara County and each party hereby submits to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. Any notice to you may be provided by email. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled. Except as otherwise provided in this Agreement, any modifications of this Agreement must be in writing and agreed to by both parties.
11. Questions or Additional Information. If you have questions regarding this Agreement, or wish to obtain additional information, please send an e-mail to email@example.com.