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; or2 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