END USER LICENSE AGREEMENT (EULA)
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SOFTWARE LICENSE TERMS AND CONDITIONS (“Agreement”)
LEGAL NOTICES: BY CLICKING ON THE “I AGREE” BUTTON AT THE BOTTOM, YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OLD OR HAVE PARENTAL OR GUARDIAN CONSENT AND ARE ABLE AND COMPETENT TO ENTER INTO THIS AGREEMENT. YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. This IS A LEGAL AGREEMENT BETWEEN YOU AND SAFEMOBLE (FOR ITSELF AND/OR ITS LICENSORS) (“SM”). THE RIGHT TO USE THE software IS GRANTED TO YOU ONLY ON THE CONDITION THAT YOU AGREE TO all THE FOLLOWING TERMS. Although SafeMobile may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version at https://support.safemobile.com.
Grant of License and Ownership. Subject to the following terms and conditions, SAFEMOBILE grants to you a limited, non-exclusive and revocable license to use the software as shipped with the CYRN (“Software”). SAFEMOBILE retains all title, ownership and intellectual property rights to the Software and any copies, translations, compilations, derivative works (including images), partial copies and any updates to the Software. This Agreement does not convey to you any interest in or to the Software, other than a limited right to use the Software with the CYRN on which it was shipped. You agree not to copy, modify, remove, disassemble, decompile or reverse engineer the Software to the extent not prohibited by law. The Software is owned by or licensed to SAFEMOBILE and is protected by United States copyright laws, similar laws of other countries and international treaty provisions. You agree to comply with all laws and regulations in using the Software.
Termination. This License is effective until terminated. This Agreement and your license to use the Software will terminate immediately without notice from SAFEMOBILE or judicial resolution if you fail to comply with any provision of this Agreement. The Limited Warranty, Limitation of Remedies and Damages, and General sections will survive any termination of this Agreement.
THE SOFTWARE IS PROVIDED AS-IS WITHOUT ANY WARRANTY AND SAFEMOBILE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAFEMOBILE DOES NOT WARRANT THAT: (i) the Software will meet your requirements; (ii) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (iii) DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY SAFEMOBILE OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SAFEMOBILE DOES NOT WARRANT ANY SOFTWARE THAT HAS BEEN OPERATED IN EXCESS OF SPECIFICATIONS OR MISUSED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXPORT LAW ASSURANCES: You agree to comply fully with the export regulations of the United States of America. You agree that you will not export the Software without an export license issued by the U. S. Department of Commerce. You agree to comply with all regulatory sanctions or restrictions involving a party or an entity identified as Denied Parties or Specially Designated Nationals by the U.S. Department of Commerce and/or the U.S. Department of Treasury.
Consent to Use of Data: you agree that the Software may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software.
Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT SHALL SAFEMOBILE OR ANY OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES including lost profits or lost data WHATSOEVER, whether foreseeable or unforeseeable, arising out of the use or inability to use the Software, regardless of the basis of the claim and even if SAFEMOBILE or a SAFEMOBILE representative has been advised of the possibility of such damage. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
General. Illinois law governs this Agreement. The United Nations Convention on contracts for the sale of goods will not apply. This Agreement sets forth the final and complete agreement between you and SAFEMOBILE and supersedes all previous oral or written communications between you and SAFEMOBILE regarding the Software. No terms of this Agreement may be modified or waived except in writing and signed by an officer or other authorized representative of SAFEMOBILE. If any provision of this Agreement is held invalid, all other provisions shall remain valid, unless such invalidity would frustrate the purpose of this Agreement. The failure of SAFEMOBILE to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by SAFEMOBILE as to subsequent enforcement of rights or subsequent action in the event of future breaches. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SAFEMOBILE without restrictions or your consent.