Terms and conditions
END USER LICENSE AGREEMENT (EULA)
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING,
INSTALLING, OR USING OPEN CHANNEL (ÒPRODUCTSÓ). BY DOWNLOADING, INSTALLING, OR
USING THE PRODUCTS, OR BY CLICKING ON ÒI ACCEPTÓ 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 ÒI ACCEPTÓ.
This end user license agreement is between you (ÒyouÓ), as either an individual
or as a business entity, and Seven Networks Inc.
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. Protection of Personal Information
We promise that we will not collect any personal information which is not
necessary for the services, and we will not use any your personal information
for any purpose other than serving you.
We provide privacy policy that is an important part of this agreement; you
should read this policy and agree to its contents before installing and running
the product.
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
Privacy Policy
At Seven Networks Inc. we recognize that privacy is significant. This
Privacy Policy (ÒPolicyÓ) applies to your use of the Open Channel applications
on all platforms (the ÒApplicationÓ).
Seven Networks Inc. (ÒusÓ or ÒweÓ) has created this Policy to explain our
privacy practices so you will understand what information about you is
collected, used and disclosed. We collect information from you in order to
provide corresponding service and better user experience. With your consent of
this Privacy Policy, your usage, statistics, input while using Open Channel
would be collected.
Information Collection
When you sign up for or use our Services we may ask you to provide
certain information. For example, we may ask you to provide personally
identifying information - information that personally identifies you or can be
used to directly contact you - such as your name, e-mail address or phone
number. If you contact us, we may keep a record of your communication and
contact information.
When you use the Apps, you choose to route all of traffic from the
apps targeted for optimization through, or to, Open Channel Client. As a
result, we receive information regarding you, your online activities, and your
device or browser when you use the Services. For example, we may receive:
¥ Information about your device, including the type of device, its
operating system, the mobile carrier or network, IP address, GPS or other
general location information, and device identifiers. When you download the
Apps, you may permit us to access data on or about your device, including
permissions obtained through our Apps or your device (e.g. Google Play on
Android).
¥ Information about your mobile applications and data usage, including
the applications installed on your device, your use of those applications, the
websites you visit, and the amount of data you use.
¥ Log information and other data from
your device, such as webpage addresses and data fields.
¥ We may also receive geo-location
information when you access location-based services on a device that uses one
of our Apps. For example, if you access an online map application, we may
receive location information as part of the mobile data traffic we receive when
you use our Apps. While we receive this data as part of the provision of the
Services, we do not log or otherwise collect the content of those
communications unless we tell you about it in this Privacy Policy or with your
permission.
¥ Information about you, including
personally identifying information, from our Affiliates or third-party
partners.
Use of Information
We may use the information we receive to provide, analyze, improve,
and develop new and innovative services for users, Affiliates and third
parties; to communicate with users; to support advertising and related
activities; and to help protect ourselves or someone else. For example, Open
Channel may use your information to:
¥ Provide the Services, such as by intercepting requests/traffic from
apps and reducing youÕre their access to the network, reducing battery drain,
monitoring active apps on your device, and encrypting data traffic;
¥ Communicate with you, including about products, services, and
events; respond when you communicate with us; and send you information you
request or that we think might interest you, such as App updates;
¥ Analyze how you use applications and data. For example, we may
combine the information, including personally identifying information,
that you provide through your use of the Services with information about
you we receive from our Affiliates or third parties for business, analytic,
advertising, and other purposes;
¥ Provide market analytics and other services to Affiliates and other
third parties;
¥ Maintain, improve or administer our
Services; perform business analyses; provide advertising and related activities
either independently or in connection with our Affiliates; or otherwise support
our internal operations by activities such as troubleshooting, data analysis,
testing, and research;
¥ Enforce our Terms of Service; prevent unlawful activities and misuse
of the Services; protect the legal rights, property, safety, and security of Seven
Networks Inc., our Affiliates, and our users; and resolve disputes involving
you relating to the Services; and
¥ Comply with applicable laws and assist law enforcement when we have
a good-faith belief that such cooperation is reasonably necessary or meets the
applicable legal standards.
Sharing Anonymized Information
We may share, sell, transmit, or otherwise
make available to third parties information that does not include personally
identifying information, or for which we have taken reasonable steps to remove all
personally identifying information (ÒAnonymized InformationÓ). Anonymized
Information may provide insights into trends in mobile, app, online, and
advertising activities.
Sharing Personally Identifying Information
We do not share or sell usersÕ personally
identifying information to third parties unless you give us permission to do so
(including by your use of the services as described by this Privacy Policy) or
we have given you notice, such as by telling you about it in our App, or in
certain other circumstances. Specifically, we may share personally identifying
information in the following instances:
¥ Affiliates. We may share (or
receive) information, including personally identifying information, with (or
from) our Affiliates (as defined above) to help provide, understand, and
improve our Services (such as by providing analytics) and Affiliates' services
(including by providing you with a better and more personalized experience).
For example, if you have an account with an Affiliate, that Affiliate may
combine personally identifying information that it receives from Open Channel
with information that it maintains about you, for a variety of business,
operational, and advertising purposes.
¥ Service Providers. We may share your information, including personally identifying
information, with third parties that perform services on our behalf to help us
provide, understand, or improve the Services. For example, we may use
Affiliates or other partners to help host our services and databases, perform analyses
or research, send communications on our behalf, or measure the effectiveness of
our advertising. Our service providers agree to only use your information in
accordance with our agreements with them as well as this Privacy Policy.
¥ Other Parties When
Required By Law or as Necessary to Protect the Services. We may access, use, preserve, and share your information,
including your personally identifying information, with third parties when we
have a good faith belief that it is necessary to: detect, prevent and address
fraud and other illegal activity; protect ourselves, you and others, including
as part of investigations; or prevent death or imminent bodily harm. We may
also share such information if we believe that you have abused your rights to
use the Services or violated an applicable law, or in connection with any
dispute between you and us with respect to the Services.
¥ In Response to a
Legal Request. We may also access, use, preserve, and
share your information, including your personally identifying information, in
response to a legal request if we believe in good faith that the response is
required by law in that jurisdiction, applies to users in that jurisdiction,
and is consistent with internationally recognized standards. Information we
receive about you may be accessed, processed, and retained for an extended
period of time when it is the subject of a legal request or obligation,
government investigation, investigation concerning possible violations of our
terms or policies, or otherwise to prevent harm
¥ In Connection With a
Transfer of Assets. If we sell all or part
of our business, make a sale or transfer of assets, are otherwise involved in a
merger or business transfer, or in the event of bankruptcy, we may disclose and
transfer your personally identifying information to one or more third parties
as part of that transaction.
¥ Other Disclosures. We also may disclose personally identifying information as
described to you at the point of collection or pursuant to your consent.
Our Services may offer publicly accessible
blogs or community forums. Any information you provide in these sections will
be public and may be read, collected, and used by anyone who access them.
Data Retention
The metrics gathered by Open Channel Client
are held in a secure temporary location on the device in an encrypted form that
cannot be read without specifically designed tools and is never in human
readable format.
The length of time this information is held on
the device before upload is based on the frequency of uploads (typically less
than 24 hours).
When it is time to upload the data, the mobile
device will request a secure encrypted channel to the network server and
transmit the information from the device to the Open Channel Server
which is hosted in Operator Network.
We may retain information regarding you and
your use of the Services, including personally identifying information, for as
long as needed to provide you with the Services and the uses described in this
Privacy Policy. This often means that we will keep information for the duration
of your account.
Please note that in the course of providing
the Services we collect and maintain Anonymized Information, which we may
retain indefinitely.
Security
We maintain adequate safeguards to help
protect against loss, misuse, unauthorized access, disclosure, alteration, or
destruction of the information we receive. While we strive to protect your
information and privacy, no data transmission or storage can be guaranteed to
be 100% secure. We cannot guarantee or warrant the security of information you
disclose or transmit to us and cannot be responsible for the theft,
destruction, misuse, unauthorized access, alteration, or inadvertent disclosure
of your information.
International Transfers
We may store and process your information
through third-party or Affiliate hosting services in the United States,
European Economic Area (ÒEEAÓ), and other international jurisdictions. As a
result, we may transfer your information, including personally identifying
information, to a jurisdiction with different data protection laws than your
jurisdiction. By using the Services, you explicitly and unambiguously consent
to the transfer of your information internationally, including but not limited
to the United States, for the purposes described in this Privacy Policy.
ChildrenÕs Privacy
If you are under 13, you may not use any of
the Services. The Services are not intended for use by or directed to, persons
under the age of 13 and we do not knowingly collect personal information from
such persons.
Your California Privacy Rights
California law permits residents of California
to request certain details about what personal information a company shares
with third parties for the third parties' direct marketing purposes. Seven
Networks Inc. does not share your personal information with third parties for
the third partiesÕ own and independent direct marketing purposes unless we
receive your permission. If you have questions about our sharing practices or
your rights under California law, please write us at Seven Networks, Inc., 959
Skyway Rd Suite #100, San Carlos, CA, 94070.
Changes to this Privacy Policy
We may update this Privacy Policy to reflect
changes in our privacy practices. If we make any material changes, we may
notify you by contacting you through our services, emailing you (to the address
specified in your account, if we have an address for you), or by posting a
notice on the Apps or our Website – or by some combination of these
methods. We encourage you to periodically review the Website for the latest
information on our privacy practices.
If you do not agree to any modifications to
this Policy, your sole recourse is to immediately stop all use of all
Applications, the Services and the Site. Your continued use of any Application,
the Services or the Site following the posting of any modifications to this
Policy will constitute your acceptance of the revised Policy. Please note that
none of our employees or agents has the authority to vary any of our Policies.
Contacting Us/Reporting Violations
If you have any questions or comments about this Policy or our privacy
practices, or to report any violations of the Policy or abuse of an
Application, the Services or the Site, please contact us at support@seven.com