Terms of Service

Mobliso Terms of Service

Mobliso, Inc.
Mobliso SDK Terms and Conditions of Use and Evaluation
Internal Use Only; No Redistribution

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING AND EVALUATING THE SOFTWARE. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MOBLISO. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, CLICK THE “AGREE” BUTTON. BY CLICKING “AGREE”, YOU ARE AGREEING ON YOUR OWN BEHALF AND/OR ON BEHALF OF YOUR COMPANY OR ORGANIZATION TO THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU CANNOT USE THIS SDK. DO NOT DOWNLOAD OR USE THIS SDK IN THAT CASE.

1. DEFINITIONS. Whenever capitalized in this Agreement:

“Agreement” means the Mobliso SDK Terms and Conditions of Use and Evaluation.

“Authorized Users” means your employees and contractors.

“Documentation” means any technical or other specifications or documentation that Mobliso may provide to You for use in connection with the Software.

“Mobliso” means Mobliso, Inc., a Delaware corporation with its principal place of business at 820 Broadway #146, Santa Monica, California 90401, U.S.A.

“Software” means the Mobliso SDK (Software Development Kit), Documentation, software (source code and object code), applications, sample code, data, files and materials provided by Mobliso for use by You, and includes any Updates that may be provided by Mobliso to You pursuant to this Agreement.

“Term” means the period described in Section 8.

“Updates” means bug fixes, updates, upgrades, modifications, enhancements, supplements, and new releases or versions of the Software, or to any part of the Software.

“You” or “Your” means the person(s) or entity using the Software or otherwise exercising rights under this Agreement. If you are entering into this Agreement on behalf of your company or organization, “You” or “Your” refers to the company or organization as well.

2. USE OF SOFTWARE. Subject to the terms and conditions of this Agreement, Mobliso grants You during the Term, a limited, non-exclusive, personal, nontransferable, non-sublicensable, and revocable right to use a single object code copy of the Software, along with any related documentation or information delivered to You, solely for the purpose of evaluating and testing the Software for Your internal business use, subject to the terms and conditions of this Agreement. You may make copies of the Software and documentation only with Mobliso’s prior written consent. All right, title, and interest in and to the Software, the documentation, all copies thereof, any and all information and data derived from Your use and evaluation of the Software, shall at all times remain with Mobliso.

3. NO OTHER PERMITTED USES. Your obligations under this Agreement are as follows:

(a) You shall not, and shall not authorize or enable any third party to, reverse engineer, decompile, or disassemble the Software or otherwise attempt to discover any source code of the Software.

(b) You shall not rent, lease, loan, resell, transfer, sublicense, or distribute the Software or Documentation to any third party or authorize any third party to do so. You may not modify the Software or any portion thereof.

(c) You shall, at Mobliso’s request (and in any case on the expiration or earlier termination of this Agreement), promptly remove, return, or destroy the Software, including all Documentation, or other materials furnished to You by Mobliso under this Agreement (and all copies thereof).

4. GENERAL OBLIGATIONS. You certify to Mobliso and agree that:

(a) If You are entering into this Agreement on behalf of Your company or organization, You have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement;

(b) You will comply with the terms of and fulfill Your obligations under this Agreement and You agree to monitor and be responsible for Your Authorized Users’ use of the Software and their compliance with the terms of this Agreement; and

(c) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and Authorized Users in connection with the Software and Your related development efforts.

5. NO ADDITIONAL COMPENSATION. You acknowledge and agree that no monetary payment or other form of consideration will be paid to You or Your Authorized Users in connection with this Agreement or the use of the Software, other than the benefit of having access to a copy of the Software and access to its functionality.

6. NO WARRANTY. You understand and acknowledge that the Software may not be in final form or fully functional, may contain errors, design flaws, or other problems, and may result in unpredictable performance, including loss of data or other damage. In view of the developmental nature of the Software, Mobliso makes no warranties whatsoever as to the operational performance of the Software or to the compatibility between the Software and any future versions of the Software or other third party software products. Mobliso is providing the Software to You “AS IS” without warranty of any kind. MOBLISO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR PAST DEALINGS BETWEEN THE PARTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOBLISO EXPRESSLY DISCLAIMS ANY WARRANTY, RESPONSIBILITY, OR LIABILITY FOR THE ABILITY OR FUNCTIONALITY OF YOUR HARDWARE, SOFTWARE, FIRMWARE, OR COMPUTER SYSTEMS WITH RESPECT TO DATE-RELATED DATA, AND MAKES NO WARRANTY THAT THE SOFTWARE OR ANY OTHER SERVICES PROVIDED WILL FUNCTION WITH YOUR SYSTEMS. This Section shall survive the expiration or earlier termination of this Agreement.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBLISO SHALL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR TORT DAMAGES, LOST PROFITS, OR LOST DATA) IN CONNECTION WITH THIS AGREEMENT, EVEN IF MOBLISO HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. This Section shall survive the expiration or earlier termination of this Agreement.

8. TERM. Your rights under this Agreement will terminate automatically without notice from Mobliso if You or any of Your Authorized Users fail to comply with any term(s) of this Agreement. Either party may terminate this Agreement for its convenience, for any reason or no reason, by providing the other party with prior written notice (either in a tangible writing or via email or other electronic means) of its intent to terminate. Upon termination of this Agreement, You shall immediately cease all use of the Software and erase and destroy all copies, full or partial, of the Software.

9. NO OBLIGATION. You shall have no obligation to purchase software from Mobliso. Mobliso is under no obligation to develop or market the Software or to provide You with any updates or new versions of the Software.

10. GENERAL PROVISIONS. The parties agree to the following provisions, which shall survive the expiration or earlier termination of this Agreement:

(a) You may not assign Your rights or delegate Your duties or obligations under this Agreement without Mobliso’s prior written consent;

(b) You acknowledge that a violation of this Agreement may cause irreparable harm to Mobliso for which monetary damages would be inadequate, and agree that, in addition to any other remedies provided by law, Mobliso shall be entitled to seek injunctive relief against any such violation without having to post bond;

(c) If a court of competent jurisdiction holds any provision of this Agreement to be invalid or unenforceable, the remaining provisions will remain in full force and effect;

(d) The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach;

(e) This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any and all prior agreements and understandings, oral or written, and all other communications between the parties relating to its subject;

(f) This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflicts of law principles;

(g) This Agreement may be executed in one or more counterparts, each of which shall constitute an original, and all of which taken together shall constitute the same document.

Last Updated: January 25, 2013.