Please carefully read this End User License Agreement (“EULA”) prior to purchasing, installing or using the MobySecurity application software (hereinafter - the “Software”).
By purchasing, downloading, installing or otherwise using the Software, you agree to be bound by and adhere to the terms of this EULA.
If you do not accept the terms of this EULA in full, do not install or use the Software and delete the Software and all of its related files from your device(s).
This EULA is a legal agreement between you (“you” or “user”) and MobySecurity, the software provider, for the use of the Software. This agreement shall not be assigned or transferred in any manner by you without the prior written consent of MobySecurity.
This EULA is an integral part of our Terms of Service, the provisions of which also apply to your use of the Software. Our collection and use of personal data in connection with your access to and use of the Software is described in our Privacy Notice.
If you have any questions or comments about this EULA or the Software, please get in touch with us at email@example.com.
MobySecurity grants you a limited, non-exclusive, non-transferable, revocable license (the “License”) to:
Nothing in this EULA should be interpreted as permitting installation of the Software on any device you do not own or control or which you do not have the legal right to monitor or to monitor any account, application, or program you do not have the legal right to monitor.
You are responsible for determining whether you have the legal right to monitor the device, account, application, or program. You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
It is understood and agreed that MobySecurity is the owner of all rights, title, and interest in and to the original, and any copies of the Software and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of MobySecurity.
You, as the licensee, do not acquire any ownership rights to the Software through your downloading, installing, or use of the Software.
The Software is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The rights granted in this license are limited to the right to download, install, and use the Software and do not include any other intellectual property rights.
You agree that you may not and will not:
Any attempt to do so is considered a violation of the EULA and the rights of MobySecurity. You may be subject to legal action and damages if you breach this restriction.
MobySecurity may provide upgrades, modifications, updates, or additions (the “Modifications”) to the Software during the term of the License.
The terms of this EULA shall be applied to any such Modification unless such Modification is accompanied by a separate license, in which case the terms of that license will be used.
You represent that participation under this EULA will not breach any agreement to keep proprietary information, trade secrets or other confidential information in confidence.
MobySecurity warrants that the Software will perform substantially in accordance with the accompanying documentation for 90 days from the date of receipt.
MobySecurity does not warrant that the functions in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
In the event of any breach of this limited warranty, your sole and exclusive remedy shall be, at MobySecurity’s option, either:
This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.
EXCEPT AS OUTLINED IN THIS EULA, THE SOFTWARE IS PROVIDED “AS IS'' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, MOBYSECURITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
MOBYSECURITY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF MOBYSECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold MobySecurity, its officers, agents, and employees harmless from any and all claims, demands, or damages, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the Software, your violation of this EULA, or your violation of any rights of another.
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from MobySecurity if you fail to comply with any term(s) of this EULA. Upon termination of this EULA, you shall cease all use of the Software and delete all copies of the Software from your devices.
This EULA shall be governed by and construed following the laws of the state without giving effect to any choice of law or conflict of law provisions. If any provision of this EULA is found invalid or unenforceable, the provision shall be enforced to the maximum extent possible, and the other provisions contained in this EULA shall remain in full force and effect.
This EULA constitutes the entire agreement between you and MobySecurity for using the Software. It supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and MobySecurity.
A printed version of this EULA and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.
By clicking on the “I Agree” button or installing or using the Software, you consent to be bound by this EULA, our Privacy Notice and our Terms of Service.
You acknowledge that the Software and all intellectual property rights in and to it, including but not limited to patents, trademarks, trade secrets, copyrights, and any other proprietary rights, are and will remain the exclusive property of MobySecurity and its licensors.
You agree that you shall not, nor allow any third party to, reproduce, modify, create derivative works from, distribute, sell, resell, lease, sublicense, or otherwise commercially exploit the Software or any portions thereof, except as expressly permitted by this EULA and the terms of service.
You may not use any of MobySecurity’s trademarks, trade names, service marks, logos, domain names, or other distinctive brand features without the prior written consent of MobySecurity.
You agree that you shall not, nor allow any third party to, disclose or make the Software or any portions thereof, or any data or information derived therefrom, available to any third party, or use the Software or any parts thereof, or any data or information derived therefrom, for any unauthorized purpose.
It also highlights the importance of not disclosing or making the Software available to any third party without the prior written consent of MobySecurity and not using the Software violating applicable laws or regulations. This will help to protect MobySecurity’s rights and interests in the Software and ensure that it is used only lawfully and appropriately.
By agreeing to this EULA, you acknowledge that any unauthorized use of the Software or any portions thereof, or any data or information derived therefrom, may cause irreparable harm to MobySecurity and its licensors and that MobySecurity and its licensors shall be entitled to seek immediate injunctive relief, in addition to all other remedies available at law or in equity.