LEASE READ THIS SOFTWARE
LICENSE AGREEMENT (THIS "LICENSE") CAREFULLY. BY
USING OR COPYING THE Mobile Device PROGRAMS AND
ASSOCIATED DOCUMENTATION (COLLECTIVELY, THE
"SOFTWARE"), YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE
TERMS OF THIS LICENSE, DO NOT USE OR COPY THE
SOFTWARE.
MobileBugStore Owns the Software
The Software is owned exclusively by MobileBugStore Corporation
("MobileBugStore "). The price paid by you for the Software is
only for a license fee granting you only the rights set forth in
this License. The rights granted in this License are limited to
MobileBugStore 's intellectual property rights in the Software
and do not include any other patents or intellectual property
rights.
You are Only Granted a Limited, Non-Exclusive and Revocable
License to the Software
MobileBugStore grants to you, and you accept, a limited,
non-exclusive and revocable license to use the Software, in
machine-readable, object code form only. You shall only use the
Software only as authorized in this License. This License does
not convey to you any ownership rights or any other interest in
the Software.
Scope of License
This License allows you to install and use one copy of the
Software on a single Mobile Device. A valid license must be
purchased for each Mobile Device on which the Software is
installed. If the Software is installed on a Mobile Device which
virtualizes a Mobile Device (i.e. Symbian or Windows Mobile)
then a valid license must be purchased for each user connecting
to the Mobile Device.
You may make one copy of this Software solely for backup or
archival purposes; provided that the backup copy must include
all copyright or other proprietary notices contained on the
original. Except as permitted in the previous sentence, you may
not copy, adapt, translate, decompile, reverse engineer,
disassemble, attempt to derive the source code of, modify, or
create derivative works of the Software or any part thereof. You
shall use all reasonable efforts to protect the Software from
unauthorized use, modification, reproduction, distribution or
publication. You may not lend, rent, lease or sublicense the
Software or make any uses or copies of the Software that are not
specifically authorized by the terms of this License Agreement.
MobileBugStore reserves all rights that are not expressly
granted to you by this License.
Term
This license will become effective on the date you acquire the
Software and will remain in force until terminated. You may
terminate the license, at any time, by removing the Software
from your Mobile Device and destroying the original Software.
This License will automatically terminate if you breach any of
the terms or conditions set out in this License. Upon
termination of this License for any reason, you shall
immediately cease all use of the Software, remove the Software
from your Mobile Device, and either destroy the original
Software and all copies of the Software or return the Software
to MobileBugStore .
Transfer
Once you have installed the software on a Mobile Device, you may
not transfer your license to another party. Provided the
Software has not been installed on a Mobile Device, you may make
a one-time permanent transfer of all of your license rights to
the Software to another party, provided that: (a) the transfer
must include all of the Software, including all its component
parts, original media, printed materials and this License; (b)
you do not retain any copies of the Software, full or partial,
including copies stored on a Mobile Device or other storage
device; and (c) the party receiving the Software reads and
agrees to accept the terms and conditions of this License. Any
transfer of possession of the Software terminates your License
and all associated benefits under this License. You must notify
MobileBugStore in writing or by email of such transfer. All
other copies of the Software must be deleted and/or destroyed.
You may not transfer your license to another party by selling or
transferring ownership of the Mobile Device on which the
Software is installed. The Software must first be uninstalled
from any Mobile Device on which the Software is installed before
transferring ownership of the Mobile Device. Your license is
terminated upon sale or transfer of the Mobile Device on which
the Software is installed.
You may not install the Software on another Mobile Device even
if the Software is removed from the original Mobile Device on
which it was installed, unless the new installation is done on a
Mobile Device that is replacing the original Mobile Device. The
original Mobile Device must be taken out of service. You may not
install the Software on one Mobile Device, uninstall the
software from the Mobile Device, and then install the Software
on another Mobile Device, without purchasing a license for each
Mobile Device the Software is installed.
If this license is an update or upgrade to a previously
purchased license, the previously purchased license is
terminated and may not be transferred to another party nor to
another Mobile Device.
Use of Software
You shall inform anyone who you may record using the Software
that their Phone and SMS activity is subject to being recorded
and archived.
You shall install this software ONLY on a Mobile Handset that
you own or on a Device which you have been given explicit
permission to install. You shall NOT install this software on
any Device you do not own or on any Mobile Phone you have not
been given permission to install.
Consent to Use of Data
You agree that MobileBugStore may collect and use technical and
related information, including but not limited to technical
information about your Mobile Device, system and application
software, which is gathered periodically to facilitate
licensing, software updates, product support and other services
related to Software. MobileBugStore may use this information to
improve our products, enforce licensing, or to provide services
to you. The services provided to you include the ability to
remotely configure your Software settings via a MobileBugStore
customer portal. MobileBugStore will not provide this
information to any third parties unless compelled by law
enforcement.
MobileBugStore does not collect nor access any of the activities
or events recorded on your Mobile Device by the Software, though
recorded activities and events may transit MobileBugStore
servers if your Software is configured to provide remote access
to recorded data.
Limited Warranty
MobileBugStore warrants the physical program media to be free
from, defects for a period of 90 days from the date of your
original purchase. If you notify MobileBugStore of defects
during the warranty period, MobileBugStore will replace the
defective program media or, at its option, refund the purchase
price. Your remedy for breach of this warranty shall be limited
to replacement or refund and shall not encompass any other
damages. No dealer, distributor, agent or employee of
MobileBugStore is authorized to make any modification or
addition to the warranty and remedies stated above.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE PHYSICAL
PROGRAM MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF
FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE
TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY)
CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY BY JURISDICTION.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS
AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT
FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS
PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND, AND MobileBugStore HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF
QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
MobileBugStore DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY MobileBugStore SHALL CREATE A WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO
THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
MobileBugStore BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS
OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO
USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF
MobileBugStore HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall MobileBugStore 's total liability to you for
all damages (other than as may be required by applicable law in
cases involving personal injury) exceed the amount of fifty
dollars ($50.00). The foregoing limitations will apply even if
the above stated remedy fails of its essential purpose.
Severability
If for any reason a court of competent jurisdiction finds any
provision of this License, or portion thereof, to be
unenforceable, the remainder of this License shall continue in
full force and effect.
Complete Agreement
This License constitutes the entire agreement between you and
MobileBugStore with respect to the use of the Software licensed
hereunder and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to or
modification of this License will be binding unless in writing
and signed by MobileBugStore . Any translation of this License
is done for local requirements and in the event of a dispute
between the English and any non-English versions, the English
version of this License shall govern.
