Terms and conditions
Last modified: Dec 1, 2014
END USER LICENSE AGREEMENT (EULA)
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING,
OR USING OPEN CHANNEL (“PRODUCTS”). BY DOWNLOADING, INSTALLING, OR USING THE PRODUCTS,
OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT DOWNLOAD OR USE THE
SOFTWARE OR USE THE SERVICES, OR CLICK ON “I ACCEPT”.
This end user license agreement is between you (“you”), as either an individual
or as a business entity, and SEVEN Networks Inc (SEVEN, “we”, and “us”).
You affirm that you are at least 13
years old. If you are under 13 years of age you many not use the Products.
In exchange for your use of the Products, you agree as follows:
1.1 You acknowledge that you have only a non-exclusive and limited right to use
the object code version of the Products on non-commercial purposes within the
validity period of the agreement. You may make a single copy of the Products in
object code form for archival or backup purposes. You must include all Notices
on all copies of the Products. You may not reverse engineer, decompile
or disassemble the Products or attempt to gain access to the source code for
the Products,
except and only to the extent that it is expressly permitted by applicable law,
and,
to the extent applicable law permits contractual waiver of such right,
you hereby waive your rights to do so.
1.2 You will not transfer or assign the Products or this EULA and/or any rights
or obligations hereunder without the prior written consent of SEVEN Networks.
1.3 Your rights under this EULA will automatically terminate if you breach any of
your material obligations under this EULA. Upon any termination of this EULA,
you will destroy all copies of the Products promptly after such termination.
1.4 All rights not expressly granted are reserved.
2. Infringement Indemnity.
Neither SEVEN Networks Inc., nor its affiliates, subsidiaries nor the
Licensors will have any liability for any claim based upon or arising out of
(1) Intentional or negligent acts of anyone other than the provider of Product;
or(2)
the combination,
operation or use of the Products with any equipment, devices or
software not supplied by SEVEN Networks, or (3)
the alteration or modification of Product.
To the full extent permitted by law, this section states the
entire liability of SEVEN Networks Inc., its affiliates,
subsidiaries and the Licensors and your sole remedy with respect to any claim
of infringement.
3. Limited Warranty
SEVEN Networks does not represent or warrant that the Products will operate
without interruption or will be error free. Especially in the following cases: (1)
modification or alteration of the Products made without the prior written
approval of SEVEN Networks, (2) accident, neglect,
misuse or abuse,
or (3)
exposure to conditions outside the range of the environmental,
power and operating specifications provided by SEVEN Networks.
4. Disclaimer and Limitation of Liability
4.1 Except as expressly set forth in this EULA, neither SEVEN Networks,
its affiliates,
subsidiaries nor the Licensors make any other warranties, express or
implied,
including any implied warranties of merchantability and fitness for a
particular purpose. SEVEN Networks, its affiliates,
subsidiaries and the Licensors expressly disclaim all warranties not stated in
this EULA. Any implied warranties that may be imposed by law are limited to the
terms contained in this EULA to the maximum extent permitted by law.
4.2 To the maximum extent permitted by law, in no event will SEVEN
Networks Inc.,
its affiliates,
subsidiaries and the Licensors be liable for damages or losses for any cause
whatsoever,
and regardless of the basis of the claim or action.
5. Privacy
By using the Products, you indicate that you understand and conset to the
collection, use and disclosure of your information as described in our Privacy
Policy.
6.Copyright Policy
Any end user should not use Open Channel for infringement on the intellectual
property rights of others, (including without limitation to patent, trademark,
trade secret, copyright, and other proprietary rights), and if you, the
copyright owner or an authorized representative, believe that any content
infringes on your copyrights, you may submit a notification pursuant to SEVEN
Networks Inc. by providing us with the information as follows:
- A physical or electronic signature of a person authorized to act on behalf of
the owner or an agent of an exclusive right that is allegedly infringed;
- Identification of the copyright claimed to have been infringed;
- Identification of the material that is claimed to be infringing, and where it
is located in the App;
- Information reasonably sufficient to permit the service provider to contact
you;
- A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law, and;
- A statement, made under penalty of perjury, that the above information is
accurate, and that you are the copyright owner or are authorized to act on
behalf of the owner.
We respect the intellectual property rights of others and will respond to clear
notices of alleged infringement. You acknowledge that if you fail to comply
with all of the requirements of this section, your notice may not be valid.
6. General Terms and Conditions
6.1 This EULA constitutes the entire agreement between you and SEVEN Networks Inc.
with respect to the subject matter hereof and supersedes all previous and
contemporaneous written and oral representations, proposals,
negotiations and communications, including, without limitation,
the terms and conditions of any purchase order.
6.2 SEVEN Networks may assign this EULA or any of the rights or obligations
hereunder,
and any causes of action arising hereunder, to any third party without
necessity or obligation of notice to you. The waiver or failure of either party
to exercise in any respect any right provided for herein will not be deemed a
waiver of any further right hereunder. The invalidity or unenforceability of
any provision of this EULA will not affect the validity or enforceability of
any other provision, the remaining provisions being deemed to continue
in full force and effect.
6.3 SEVEN Networks Inc. will not be responsible for any failure to perform its
obligations under this EULA due to circumstances beyond its reasonable control,
including without limitation acts of God, war, riot,
terrorism,
embargoes,
acts of civil or military authorities, fire, flood or
accidents. You agree that SEVEN Networks Inc. will be entitled to all legal and
equitable remedies otherwise available to it to protect the intellectual
property,
proprietary rights and Confidential Information of itself and its Licensors,
including,
without limitation, the right to seek and obtain injunctive relief and
enforce the same against you without the necessity of having to post bond or
other such guarantee.
6.4 This EULA will in all respects, be governed by and construed
and enforced in accordance with the laws of California (without giving effect
to any choice or conflict of laws). The United Nations Convention on Contracts
for the International Sale of Goods will not apply to this Agreement. You
consent to the jurisdiction of competent courts in California for the
resolution of any dispute arising under or related to this EULA or the
Products.
7. CONTACT US
If you have any questions or comments about Open Channel, please contact us at support@seven.com.