THIS IMOBIE SOFTWARE END USER LICENSE AGREEMENT (HEREINAFTER “EULA” OR “AGREEMENT”) CREATES A LEGALLY BINDING AGREEMENT BETWEEN THE END USER (HEREINAFTER “YOU”, “USER”, OR “LICENSEE”), AND IMOBIE INC. (HEREINAFTER “IMOBIE”, “COMPANY”, OR “LICENSOR”).
DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE COPIES OF IMOBIE SOFTWARE OR SERVICES, UNTIL YOU HAVE READ AND AGREED TO THIS EULA.
1. SOFTWARE COVERED BY THIS LICENSE.
This license agreement ("Agreement") applies to all contents of the downloads, files, disk(s), CD-ROM(s), DVDs, or other media containing iMobie Software with which this EULA is applicable, including but not limited to: third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files ("Documentation") relating to the Licensed Software; fonts; modified versions, updates, additions, and copies of the Licensed Software, if any, provided to You by iMobie now or in the future.
2. GRANT OF THE LICENSE
2.1 General License Grant
iMobie hereby grants you (an individual), subject to the terms and conditions of this Agreement and your payment of the license fee, a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable license to download, install, activate, and use the Software which you have paid on the corresponding number of computers, running a validly licensed copy of the operating system for which the Software was designed, for your personal use or for the internal business use of your company, except as otherwise provided in this Agreement or additional EULA.
Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from iMobie in advance. iMobie reserves all rights not expressly granted to You in this Agreement.
If You have received, downloaded and/or installed a trial version of the Software and are hereby granted an evaluation license for the Software. You may review, demonstrate, and evaluate the Software, and all Free Features made available to You. Any Free Feature may become a Premium Feature at any time, without prior notification.
In addition, the Trial License may, from time to time and without any obligation for the Company to maintain such access, grant You a restricted use of selected Premium Features.
3. SOFTWARE UPDATES
Licensee may be provided with Software Updates and/or Content Updates notifications from time to time during this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates and/or Content Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, "Software Update" means a new version of the Licensed Software containing technical modifications, updated information, altered features, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. "Content Update" means an update of the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensed Software may require Content Updates in order to work effectively. The Licensor may add new functions, music track, elements, pictures, videos, or delete original functions, music track, elements, pictures, and videos in the Update Software or Upgrade Software.
4. RESTRICTIONS OF LICENSE
You shall use iMobie Software and Services strictly in accordance with the terms of this EULA and shall not:
(a) directly or indirectly, or allow any other third party to: decompile, reverse engineer, dissemble, attempt to derive the source code of, or decrypt the Software;
(b) make any modification, adaptation, improvement, enhancement, translation or create derivative work, or any activation codes that you have obtained in any way from the Software;
(c) violate any applicable laws, rules or regulations in connection with your access or use of the Software;
(d) remove, alter or obscure any proprietary, trademarks, copyright markings or notices placed upon or contained within the Software;
(e) sell, resell, rent, lease, sublicense the Software, distribute, assign or transfer the Software or any copy thereof, without the explicit written consent of iMobie Company;
(f) use the Software for any other purpose than the Intended Purpose.
There may be several kinds of License which you may choose to purchase. If you choose to purchase a lifetime license, you may use it until terminated. If you choose to purchase a license for a specific period of time (eg: 3-month plan, 1-year plan, etc.), you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
The software and any authorized copies that Licensor makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The software is protected by the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Software. Licensee may not make or publish any public statement concerning the Software or the Licensor without the prior express written consent of the Licensor.
The Licensor is not obligated by this Agreement to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free email support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
8. LICENSE TERMINATION BY IMOBIE
Subject to the terms and conditions stipulated in Article 4, 5, iMobie shall be entitled to terminate this EULA immediately upon serving written notice on the Licensee in the following circumstances: if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within ten (10) work days after receipt of a notice from iMobie. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
9. PRIVACY STATEMENT
iMobie strives to protect the security and privacy of the Users of its software and services, and will strictly protect the security of your personal information, within the confines of the iMobie domain. iMobie shall not share, sell, use or disclose your personal information to any third-parties, unless your written agreement under related law and regulation.
Under the following conditions, iMobie will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.
(a) Obtain your prior authorization;
(b) Reveal your personal information to offer products and services requested by you;
(c) According to relevant laws, regulations or requirements of the relevant government agencies;
(d) To protect iMobie's legal rights and interests;
(e) You violate the provisions of the EULA;
10. DISCLAIMER OF WARRANTY
IMOBIE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULL OPPORTUNITY TO TEST IMOBIE SOFTWARE FOR ANY LIVE, PUBLIC OR PRODUCTION USE. YOU ASSUME FULL RESPONSIBILITY FOR NOT ONLY SELECTING AND USING IMOBIE SOFTWARE, BUT ALSO OTHER OPERATIONS THROUGH USE OF IMOBIE SOFTWARE. AND THAT IF YOU USE IMOBIE SOFTWARE IMPROPERLY OR AGAINST THE INSTRUCTIONS, YOU MAY CAUSE DAMAGE TO YOUR IPHONE, IPAD, IPOD TOUCH, IPOD, COMPUTER, ANDROID, IOS, MAC OR WINDOWS SYSTEM, AND ICLOUD DRIVES. AN IMPROPER USE OF IMOBIE SOFTWARE MAY ALSO CAUSE UNEXPECTED DATA LOSS. THE ENTIRE RISK ABOUT THE QUALITY AND PERFORMANCE OF IMOBIE SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL IMOBIE, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF IMOBIE SOFTWARE, FILES AND FOLDERS CREATED USING IMOBIE SOFTWARE, FILES SHARED USING IMOBIE SOFTWARE, VIDEOS AND MUSIC DOWNLOADED USING IMOBIE SOFTWARE, OR YOUR RELATIONSHIP WITH IMOBIE. IMOBIE WON’T BE LIABLE FOR ANY ILLEGAL CONTENTS YOU SHARE OR ANY ILLEGAL VIDEOS AND MUSIC YOU DOWNLOAD VIA IMOBIE SOFTWARE. IMOBIE WON’T BE LIABLE FOR ANY DATA LOSS CAUSED BY IMPROPER USE OF IMOBIE SOFTWARE.
LICENSEE SHALL INDEMNIFY AND HOLD LICENSOR’S HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
13. EXPORT RESTRICTIONS
Licensee may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, Licensee represent and warrant that you are not located in any such countries.
14. RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
15. HIGH RISK ACTIVITIES
iMobie Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments that requires fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the illegal use of iMobie Software may directly lead to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). iMobie and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and iMobie. Waiver by iMobie of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to iMobie Software and Services or to this Agreement shall be governed by the laws of the United States and the laws of the State of Washington, without regarding to U.S. or Washington choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings relating to iMobie or the matters in this Agreement shall be exclusively located in Washington. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. And there are no third party beneficiaries of any promises, obligations or representations made by iMobie herein.