Space App End User License Agreement
MOPHIE SPACE – LEAVE NO FILE BEHIND APPLICATION (“MOPHIE SPACE APP”) END USER LICENSE AGREEMENT
Last Updated: March 4, 2014
IMPORTANT: PLEASE READ THE TERMS BELOW CAREFULLY BEFORE INSTALLING, ACTIVATING, COPYING OR OTHERWISE USING THE SERVICES. The Terms are an agreement between you and mophie, LLC and its affiliated companies (“mophie”) governing your use of the mophie Space App made available through the Apple App Store and related software, online or electronic documentation, web sites and services (such application, documentation, web sites and services are collectively referred to herein as the “Services”). mophie, and not Apple, Inc. (“Apple”), is solely responsible for the mophie Space App.
1. LICENSE GRANT; TERMS OF SERVICE.
The mophie Space App is licensed to you and not sold. Subject to the Terms, mophie hereby grants you a limited, personal, non-exclusive, non-transferable (subject to Section 11), nonsublicensable, and revocable license to use the mophie Space App for your personal or internal purposes, and to make a reasonable number of copies of the mophie Space App for your personal or internal backup purposes for such use only in connection with IOS products which you own or control and as permitted by the Apple App Store Terms of Service.
2. RESERVATION OF RIGHTS
You acknowledge that the mophie Space App is protected by copyrights and other intellectual property and proprietary rights. mophie and its third party licensors (“Licensors”) reserve all such rights with respect to the mophie Space App, except for the license expressly granted to you in Section 1. Except for such express license, no right, title, interest or license in or to the mophie Space App, whether by implication, estoppels or otherwise, is granted, assigned or transferred to you. You agree not to take any action that interferes, in any manner, with mophie or its Licensors’ rights with respect to the mophie Space App. In addition, title, ownership rights and intellectual property rights in and to any content accessed through the mophie Space App is the property of the applicable content owner and may be protected by applicable copyright or other law. The Terms give you no rights to such content.
You also acknowledge that all third-party content accessed through the mophie Space App (“Third-Party Content”) is the property of the applicable Third-Party Content owners and may be protected by applicable copyright and other intellectual property rights. Neither the Terms nor your use of the mophie Space App to access Third-Party Content gives you any rights to such Third-Party Content. You may not use any Third-Party Content in any manner that has not been authorized by the applicable service provider (“Service Provider”) or content owner. It is your responsibility to ensure that your use of the mophie Space App to access, reproduce, display or otherwise use Third-Party Content does not infringe any third-party Service Provider or content-owner, or comply with a Service Provider’s terms or conditions of use in order to access or have the right to access certain Third-Party Content.
You acknowledge and agree that you will not: (a) reproduce the mophie Space App, except as expressly permitted under Section 1; (b) modify, adapt, translate or create any derivative works of the mophie Space App; (c) attempt to circumvent or disable the mophie Space App or any technology features in the mophie Space App by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the mophie Space App; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the mophie Space App to any third party (except as permitted under Section 11); (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the mophie Space App or used in connection with the mophie Space App; or (g) use the mophie Space App in any manner to aid in the violation of any law or commit any tortuous act in the jurisdiction in which you are using the mophie Space App, including, but not limited to, any libel or defamation, obscenity, breach of privacy, or breach of third party Intellectual Property, including, but not limited to, another’s copyrights, tade secrets, and patents. You further acknowledge that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
4. UPDATES; NON-PERSONALLY-IDENTIFIABLE INFORMATION
You acknowledge that mophie has no obligation to provide you with any support for Updates (as defined below) to the mophie Space App. However, mophie may, from time to time, issue updated versions of the mophie Space App and the mophie Space App may automatically connect to mophie or third-party servers via the Internet to check for available updates to the mophie Space App, such as bug fixes, patches, upgrades, enhanced functions, plug-ins and new versions (collectively, “Updates”) and may either (1) automatically electronically update the version of the mophie Space App that you are using on your computer or (2) give you the option of downloading it. By installing the mophie Space App and not disabling any automated check for Updates, if applicable, you hereby agree to automatically request and receive Updates from mophie for third-party servers. You consent to such automatic upgrading, and agree that the Terms will apply to all such Updates.
The mophie Space App may contain automatic communications features which relay certain non-personally-identifiable information to mophie in connection with the operation of the mophie Space App. This information may include your mophie Space App settings and what version of the mophie Space App you are using. mophie may use this information for research purposes including statistical analysis of aggregate customer behavior. You further acknowledge that mophie is not responsible for, nor makes any representation or warranties with respect to, any information (including personally identifiable information) you may share with the Service Provider. Safekeeping of the information you provide to the Service Provider is the responsibility of such Service Provider.
Consent to Use of Data; Privacy: You agree that mophie 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 mophie Space App. mophie may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
mophie also makes the following mophie Space App-specific privacy disclosure: mophie’s analytics service provider may collect the following information: technical information about the App (such as version number), App session information, your data analytics usage activity, your preferred language, and your preferred time zone. The information is aggregated across all of our users and used by mophie to measure the use and performance of the App. mophie may publicly disclose the aggregate information. mophie will not share any individual App user data with third parties, except in the case of a court order, subpoena, or a lawful government demand.
5. REGISTRATION INFORMATION
6. DISCLAIMER OF WARRANTY
THE MOPHIE SPACE APP IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOPHIE, ITS CHANNEL PARTNERS, APPLE, ASSOCIATED WIRELESS SERVICE PROVIDERS, AND
ITS/THEIR RESPECTIVE AFFILIATES, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED , INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR LACK OF VIRUSES. MOPHIE DOES NOT WARRANT THAT THE LICENSED MOPHIE SPACE APP WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE. FOR PURPOSES OF CLARITY, MOPHIE DOES NOT MAKE ANY REPRESENTATION ABOUT AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD PARTY CONTENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE MOPHIE SPACE APP REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY SOFTWARE, MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOPHIE SPACE APP IS DONE AT YOUR OWN DISCRETIONI AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, SYSTEM OR NETWORK, INCLUDING ANY LOSS OR CORRUPTION OF DATA.
7. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOPHIE, ITS CHANNEL PARTNERS, APPLE, ASSOICATED WIRELESS SERVICE PROVIDERS, OR THEIR RESPECTIVE AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANU SONCEQUENTIAL, INCIDENTA, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER SYSTEM FAILURE, MALFUNCTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE TERMS OR THE USE OF OR INABILITY TO USE THE MOPHIE SPACE APP, EVEN IF MOPHIE 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 IMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEMY FAILS ITS ESSENTIAL PURPOSE.
MOHIE IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR DEVICE OR SYSTEM, DAMAGE TO YOUR DEVICE OR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE MOPHIE SPACE APP. THE MOPHIE SPACE APP IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS OR AIR TAFFIC CONTROL MACHINES OR ANY OTHER MACHINES IN WHICH CASE THE FAILURE OF THE MOPHIE SPACE APP COUD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
8. EXPORT RESTRICTIONS
mophie makes no representation that the mophie Space App is appropriate or available for use in your country of use or in any particular location. You acknowledge that none of the mophie Space App or underlying information or technology may be downloaded or otherwise exported
or re-exported into (or to a national or resident of) any countries subject to US. Trade embargo, currently the countries on the U.S. trade embargo list are Iran, Cuba, Syria, North Korea, and Sudan; or anyone on the US. Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Denial Orders, or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the mophie Space App, you are representing and warranting that you are not located in or under the control of a national or resident of any such country or any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
You hereby agree to indemnify, defend and hold mophie and its Licensors harmless from and against any and all liabilities, damages, claims, fines and expenses (including reasonable attorneys’ fees and costs) arising out of any breach of the Terms by you.
You may discontinue your use of the Services at any time. You agree that mophie may, at any time, at its sole discretion, terminate the Terms without notice if you fail to comply with your obligations under the Terms. Upon termination, you must immediately cease all use of the mophie Space App and destroy all copies of the mophie Space App. In addition to any other remedy available to mophie, you agree that mophie may seek immediate injunctive relief in the event of a breach of the Terms by you.
You may not assign or otherwise transfer, by operation of law or otherwise, the Terms or the mophie Space App. Notwithstanding the foregoing, you may permanently transfer all your rights under the Terms to a buyer of the mophie hardware with which this mophie Space App was bundled, provided (a) such buyer agrees to assume all of your obligations under the Terms, and (b) you transfer all copies of the mophie Space App to such buyer and cease all use of the mophie Space App. The Terms will be binding upon and will inure to the benefit of the parties, their successors and assigns.
12. OPEN SOURCE SOFTWARE
The mophie Space App licensed hereunder may include “Open Source” software (computer software that is distributed under a licensing arrangement, which provides that the computer code can be shared, viewed, and modified by the public). The Restrictions of Section 3 of the Agreement only apply to any such Open Source software when and to the extent that they do not conflict with any terms of the Open Source software’s respective license(s).
13. THIRD PARTY BENEFICIARIES
The Terms are and agreement between you and mophie only, and no other third party beneficiaries are intended except Apple. You agree that Apple and Apple’s subsidiaries, and are third party beneficiaries of the Terms, and, upon acceptance of the Terms, Apple will have the right to enforce the Terms against you as a third party beneficiary.
14. GOVERNING LAW
The Terms and the relationship between you and mophie shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and mophie agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California. You and mophie also hereby agree to expressly exclude application of the United Nations Convention on Contracts for the International Sale of Goods.