emailatmobile.com
AGREES TO LICENSE THE email@mobile ENTERPRISE
SERVER SOFTWARE TO YOUR ENTERPRISE ONLY IF (A) YOU REPRESENT
AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND SUCH
ENTERPRISE AND (B) YOU ACCEPT AND AGREE ON BEHALF OF SUCH
ENTERPRISE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
IN THIS ENTERPRISE SERVER LICENSE AGREEMENT. BY DOWNLOADING
OR USING THE SOFTWARE YOU OFFER TO AGREE TO THESE TERMS. IF
YOU DISAGREE WITH THESE TERMS AND CONDITIONS OF THIS AGREEMENT,
DO NOT COPY, INSTALL OR USE THE SOFTWARE. THIS LICENSE WILL
LAST FOR A SPECIFIC TIME PERIOD OR INDEFINITELY (IF ACQUIRED
ON A FULLY PAID UP BASIS AS DESCRIBED BELOW). YOU AND YOUR
ENTERPRISE IS ADDRESSED AS "CUSTOMER" AND emailatmobile.com
AS "emailatmobile.com".
IMPORTANT: YOUR ENTERPRISE MAY BE SUBJECT TO ADDITIONAL LOCAL TERMS AND CONDITIONS DEPENDING ON YOUR COUNTRY. YOUR ACCEPTANCE OF THIS AGREEMENT INCLUDES ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
Limited License: Subject to these
terms and conditions and payment of the applicable fees, emailatmobile.com
Infotech grants to Customer a nonexclusive and nontransferable
license to install and use the email@mobile
Server Software, including related end user documentation,
in object code form only. No license is granted in the source
code of the Software. Title to the Software will remain solely
with emailatmobile.com or its suppliers.
The following conditions shall govern your use of the licensed
software:Customer shall use the server portion of the Software,
solely to support its users.
- Customer shall use a copy of application software for
the server, only on one server at a time and additional
licenses have to be purchased for each server which will
host this software. In the event that Customer activates
more licenses or uses more services than are permitted by
the Order Form(s), Customer agrees to pay for such additional
licenses or services upon invoicing at the then applicable
rates.
- Customer shall not transfer, assign, sublicense or distribute
the Software or these license rights to any other person;
any attempts to do so are void;
- Customer shall not (and shall not allow its personnel
or any third party to) modify or create derivative works
based upon the Software without the express written consent
of emailatmobile.com; and
- Customer shall not benchmark, decompile, decrypt, reverse
engineer, disassemble or attempt to discover the source
code of the software or underlying ideas or any algorithms
or otherwise reduce the Software to human-readable form,
nor permit or encourage others to do so, except as mandated
by applicable law after notice to emailatmobile.com.
- Customer will ensure that each of its users complies with
emailatmobile.com’s End User Agreement
described in the last section.
The Customer shall be solely responsible to emailatmobile.com
for the observance and compliance with all terms and conditions
hereunder by its employees, contractors, services providers
and agents (including its affiliates) and any other third
party who has been permitted access to the Software as a result
of its action or inaction.
CUSTOMER AGREES THAT THE SOFTWARE AND SERVICES MUST NOT BE RELIED UPON FOR THE TRANSMISSION OF DATA RELATING TO EMERGENCY, MISSION CRITICAL OR LIFE THREATENING SITUATIONS OR FOR USE REQUIRING FAILSAFE PERFORMANCE AND OR WHERE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE
The License shall terminate immediately without notice from
emailatmobile.com if the Customer fails to
comply with any provision of this Agreement (including related
payment and non transfer obligations). Customer may terminate
the License earlier at any time by destroying and/or returning
to emailatmobile.com all copies of the Software
and related documentation.
Supplements and Copies.Software
includes any upgrades, updates, bug fixes or modified versions
(collectively, “Supplements”), related documentation
the Software licensed or provided to Customer by emailatmobile.com
directly or indirectly and for which Customer has paid applicable
fees. Customer shall not make any kind of copies of
the software
Limited Warranty. The “Warranty
Period” is valid for ninety days starting from the date
of purchase. This limited warranty extends only to Customer
as the original licensee. During the warranty period the entire
liability of emailatmobile.com and is suppliers
will be, at emailatmobile.com’s option
to either repair or replace the software or refund the applicable
fees, if the problem is reported to emailatmobile.com
or its designee during this limited warranty period.
This warranty will not hold good if the software (1) is trial
version and is installed for evaluation or testing purpose;
(2) has not been installed, operated or maintained in accordance
with the relevant documentation; (3) has been altered or modified,
except by emailatmobile.com; (4) has been
used in conjunction with any third party software, products,
services or peripheral equipment and the problem is the result
of such use and not of the Software itself.
The Software and all related services are provided AS IS
without any implied warranty. emailatmobile.com
does not warrant that the Software is error free or that Customer
will be able to operate the Software without interruption. emailatmobile.com
DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS
OR IMPLIED, WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND NONINFRINGEMENT,
DESIGN OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING
FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. TO THE
EXTENT AN IMPLIED TERM, CONDITION OR WARRANTY CANNOT BE EXCLUDED
OR DISCLAIMED, THEN IT IS LIMITED IN DURATION TO THE WARRANTY
PERIOD.
Limitation of Liability.
OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
FROM emailatmobile.com’s NEGLIGENCE,
under no circumstances, including, without limitation, negligence,
shall emailatmobile.com or its parents, subsidiaries,
affiliates, or any of its officers, directors, employees,
resellers or other representatives will be liable, to customers
or users, with respect to this agreement UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
(I) FOR ANY CLAIMS ARISING FROM OR RELATED TO USE OF THE SOFTWARE,
(II) FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY CONSEQUENTIAL
OR INDIRECT DAMAGES OF ANY KIND (III) FOR ECONOMIC LOSS, WHICH
SHALL INCLUDE LOSS OF PROFIT (WHETHER DIRECT OR INDIRECT),
LOSS OF INCOME, DATA, REVENUE, BUSINESS INTERRUPTION OR COST
OF SUBSTITUTE SOFTWARE OR SERVICES, OR OTHER ECONOMIC LOSS,
EVEN IF emailatmobile.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES; OR (V) FOR INTERRUPTION
OF USE OR LOSS OR CORRUPTION OF DATA.
emailatmobile.com and IT"S AFFILIATES
SHALL HAVE NO LIABILTY DURING ANY evaluation, OR testing PERIOD
OF THE SOFTWARE, or with respect to BANDWIDTH DELIVERY OR
THIRD PARTY HARDWARE, SOFTWARE AND SERVICES NOT PROVIDED BY
emailatmobile.com. emailatmobile.com,
ON BEHALF OF ITSELF, ITS RESELLERS, DISCLAIMS ANY AND ALL
LIABILITY FOR EVENTS OR DAMAGES OF ANY NATURE OR KIND RESULTING
FROM MISUSE OF THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
Privacy: The information that we obtain through your use of the Web Site, or through any registration process or otherwise, is subject to our Privacy Policy.
Intellectual Property: The email@mobile
Software is protected by copyright laws, patents, trade marks
and other intellectual property rights. emailatmobile.com
shall hold all the right and title to ownership and intellectual
property rights in and to the software. The License does not
grant any title or ownership in the Software to the customer
and is not a sale of any rights in the Software. Customer
shall not provide, or otherwise make available such copyrighted
material in any form to any third party without the prior
written consent of emailatmobile.com and shall implement reasonable
security measures to protect such material. emailatmobile.com
reserves any and all rights not expressly granted to the Customer.
Miscellaneous: This Agreement shall be governed
by and construed in accordance with the laws of the Republic
of India and any dispute related to it will be resolved in
any court with jurisdiction located in the BANGALORE CITY
INDIA. No third party is authorized to make changes to this
agreement or to make any representations, warranties or promises
which do not match with those described in this agreement
without the written permission from emailatmobile.com.
If any of the provisions of this Agreement are held to be
in violation of applicable law, void, or unenforceable in
any court of competent and appropriate jurisdiction, then
such provisions are herewith waived to the extent necessary
for this Agreement to be otherwise enforceable in such jurisdiction.
End User Agreement
General. To facilitate use
of the Software and services, each User (i.e., any person
utilizing the Software with the permission of a Customer of
emailatmobile.com) will comply with this End User Agreement
("EUA"). emailatmobile.com and
User have freely chosen to express this policy in standard
American English. emailatmobile.com might
have to make changes to this EUA, in its discretion. In that
case those changes will be posted at www.emailatmobile.com
Web Site and within sixty days (or earlier in case of emergency)
it will be incorporated in the EUA and shall become binding
on the user. If User violates this EUA, emailatmobile.com
may suspend the User’s right to use the services after
providing a notice to the Customer. User accepts that the
Software and services are not designed, intended, or permitted
for use in emergency, life threatening or mission critical
circumstances or for uses requiring failsafe performance,
or where failure could lead to death, personal injury, or
environmental damage, and will not knowingly use the services
under such circumstances or for such uses. It is binding on
the user to use the software and services only for lawful
purposes i.e. in adherence to all applicable laws/ rules and
regulations including the applicable network usage policies.
User accepts that in order to use the facilities of the software
on the handset, certain network connections will be established
and bandwidth be utilized for which third party charges may
be applicable. User’s voice, images and data may become
accessible to others on these networks, and this information
may be accessed by Customer’s system administrators.
User should contact his or her system administrator to review
applicable privacy and security policies
Content. User is responsible for
content. emailatmobile.com does not monitor
or control content and is not responsible for such content.
- You may not transmit any message or information
- Anonymously or under a false name or user identification;
or
- Any unlawful, abusive or otherwise objectionable information
of any kind, including without limitation any transmission
constituting or encouraging conduct that would constitute
a criminal offence or give rise to civil liability under
any applicable law; or
- Which discloses private or personal matters concerning
any person, including, but not limited to, messages or
information which would violate a person's rights of privacy
or publicity; or
- That contains a virus, worm, Trojan Horse or any other
contaminating or destructive features;
- User will not benchmark, decompile, decrypt, reverse
engineer, disassemble or otherwise reduce the Software to
human-readable form, nor permit or encourage others to do
so, except as mandated by applicable law after notice to
emailatmobile.com.
- User will not use the Software or services to send bulk
unsolicited communications or to send communications to
a recipient that has indicated that he or she does not wish
to receive them.
Security. User agrees not to interfere with or disrupt the software or services or attempt to gain access to any systems or networks that connect to the services except as required to use the services in compliance with this EUA. User will not indulge in illegal activities or activities which violate the security of the software, including but not limited to the following
- Accessing data which is not meant or intended for such
user;
- Logging into a server or account which the user is not
authorized to access;
- Attempting to use another users’ account name or
personal without authorization from that user;
- Adopting measure to obtain services to which such user
is not entitled to avail;
- Impersonating as emailatmobile.com personnel.
Privacy. emailatmobile.com
strongly believes in protecting user privacy. Personal identifiable
information collected by emailatmobile.com
is subject to its Privacy Policy
as posted on its website.
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