Terms of Service

Monday, May 7, 2018 1:51:34 PM

END-USER LICENSE AGREEMENT – bMobile Route

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal contract between you, either an individual user or a business organization {designated herein as "you"} and bMobile Technology, Inc, an Idaho corporation (dba bMobile Route Software), {designated herein as “Licensor”} for the use of the software product bMobile Route Software, including any associated media, printed materials and electronic documentation {herein designated as the "Software"}.

By clicking on the "I ACCEPT" button, by opening the package that contains the Software, or by copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this Agreement and you represent that you are authorized to enter into this Agreement on behalf of your corporate entity (if applicable). If you do not wish to be bound by the terms of this Agreement, click the "I DO NOT ACCEPT" button, and do not install, access or use the Software.

EVALUATION SOFTWARE

If you have downloaded the Software for purposes of evaluation, regardless of how labeled, the use of the Software is limited to a specified period of time or number of uses and all use will be governed by the terms set forth below.

  1. Grant of License. Licensor grants you a limited, personal, internal use, non-exclusive, non-transferable license to use the Software solely to evaluate its suitability for your internal requirements during the Evaluation Period. Without limiting the foregoing, you may not use the Software during the Evaluation Period to create publicly distributed computer software or for any other commercial purpose. This license may be terminated by Licensor at any time upon notice to you and will automatically terminate, without notice, upon the first to occur of the following: (a) the completion of your evaluation of the Software or (b) the expiration of the Evaluation Period.
  2. Limited Use Software. Licensee understands and agrees that portions of the full-use version of the Software may be withheld or unusable and use of the Software may require accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections.
  3. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ONLY FOR EVALUATION PURPOSES ON AN "AS IS" BASIS. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
  4. Limitation of Liability. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS OR DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

bMOBILE ROUTE SOFTWARE

  1. Grant of License. Upon your full payment of the fees shown on the invoice, proposal and/or purchase agreement and upon acceptance of this Agreement, Licensor grants you a limited, personal, non-exclusive license to install and use the Software on the terms and conditions set forth herein. You may install and use the Software on the limited number of computers (PCs, Mobile PCs and similar devices) as defined in your purchase agreement and/or invoice. You may use the software only on different computers based on the number of licenses purchased.
  2. Restrictions on Use of Software. You may not (a) distribute, sublicense, transfer, rent, lease or lend the Software to any third party; or (b) disassemble or reverse engineer the Software. You may copy the Software solely for backup/archival purposes, provided that you include all copyright and similar rights notices. Licensor (or its licensor) retains all right, title, and interest in the Software (and in all copies). Unauthorized copying and modification of the Software is not permitted. (c) You may not reverse engineer, recompile, decompile, or disassemble the Software.
  3. Disclaimer of Warranty LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE.

Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users or to any third party.

THESE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND REPRESENT THE FULL WARRANTY OBLIGATION OF LICENSOR. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL (A) ACHIEVE SPECIFIC RESULTS, (B) OPERATE WITHOUT INTERRUPTION, OR (C) BE ERROR FREE. THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND YOU BEAR THE SOLE RISK OF USING THE SOFTWARE PRODUCT. THESE LIMITED WARRANTIES PROVIDE YOU WITH SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. IF THIS WARRANTY SECTION DOES NOT ADHERE TO LOCAL LAWS, THEN THE MINIMUM WARRANTY TERM PRESCRIBED BY THE LAWS OF YOUR JURISDICTION SHALL APPLY.

  1. Limitation of Remedy and Liability. YOU ASSUME FULL AND COMPLETE LIABILITY FOR YOUR USE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PROVIDED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT AND/OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF BMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY PART OF THIS SECTION IS HELD INVALID, THEN LICENSOR LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
  2. Ownership. This Agreement does not convey to you any rights of ownership in the Software. All right, title, and interest in the Software and in any ideas, know-how, and programs which exist or are developed by Licensor in the course of providing any technical services, including any enhancements or modifications made to the Software, shall at all times remain the property of Licensor or its licensor. You acknowledge and agree that the Software is licensed, not sold.

You will not remove, modify or alter any of Licensor's copyright, trademark or proprietary rights notices from any part of the Software, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Setup Wizard dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the Software, or in any archival or back-up copies, if applicable.

  1. Transfer of Software. You may not, by operation of law or otherwise, transfer any license rights or other interests in the Software without written notice and acceptance to Licensor. You may not transfer any license rights or other interests in any other Software, unless (a) you permanently and wholly transfer all your rights under this Agreement; (b) you retain no copies (whole or partial); (c) you permanently and wholly transfer all of the Software (including component parts, media, printed materials, upgrades, prior versions, and authenticity certificates); and (d) the transferee agrees to abide by all the terms of this Agreement; and (e) you provide written notice to Licensor and receive written acceptance of the transfer from Licensor.
  2. Maintenance Services. If requested by you and upon payment of the applicable costs and fees, you are entitled to receive technical support services from Licensor including corrections, fixes and enhancements to the Software. Such services may be made available from Licensor in accordance with the specific terms of a current maintenance agreement or support agreement purchased by Licensee.

Maintenance services do not include any releases of the Software which Licensor determines to be a separate product or for which Licensor charges its customers extra or separately.

  1. Upgrades and Subscription. If you purchased a license for the Software which is identified as an "upgrade" or "subscription", you must have a valid license for the version of the Software which the "upgrade" or "subscription" supplements.
  2. Termination. Your license may be terminated by Licensor if (a) you fail to make payment and/or (b) you fail to comply with the terms of this Agreement within ten (10) days after receipt of written notice of such failure. In the event of termination, you must cease using the Software, destroy all copies of the Software (including copies in storage media) and certify such destruction to Licensor. This requirement applies to all copies in any form, partial or complete. Upon the effective date of any termination, you relinquish all rights granted under this Agreement.
  3. Relationship of Parties. You and Licensor are independent parties. Nothing in this Agreement shall be construed as making you an employee, agent, partner or legal representative of Licensor.
  4. No Third-Party Beneficiaries.There are no third-party beneficiaries of this Agreement.
  5. Controlling Law. This Agreement will be governed by the laws of Idaho, USA excluding conflicts of law
  6. Payment Terms/Shipments. All fees are in US Dollars.
  7. Taxes. All fees do not include taxes. If Licensor is required to pay any sales, use, GST, VAT, or other taxes in connection with your order, other than taxes based on Licensor's income, such taxes will be billed to and paid by you.
  8. Entire Agreement and SLA. This Agreement constitutes the complete and entire understanding and agreement of all terms, conditions and representations between you and Licensor with respect to the Software notwithstanding an accepted addendum of a Software License Agreement (SLA) which will take priority over this agreement in only those areas of conflicting terms and conditions. If an SLA exists between Licensor and Licensee then any violations in the terms of said SLA is considered a violation of terms of this Agreement.
  9. Modification. This Agreement may be modified only in writing by both parties.
  10. Waiver and Severability. Failure to prosecute a party's rights will not constitute a waiver of any other breach. If any provision of this Agreement is found to be invalid, the remainder of this Agreement will remain in full effect.
  11. Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of the other party, except that Licensor may assign its rights and obligations under this Agreement, without your approval, to (i) an entity which acquires all or substantially all of the assets of Licensor or (ii) any subsidiary, affiliate or successor in a merger or acquisition of Licensor. Any attempt by you to sublicense, assign or transfer the license or the Software, except as expressly provided in this Agreement, is void and immediately terminates the license.
  12. Governing Language. This Agreement has been written in the English language and you waive any rights you may have under the law of your country or province to have this Agreement written in any other language.
  13. Injunctive Relief; Cumulative Remedies. You acknowledge and agree that a breach of this Agreement by you could cause irreparable harm to Licensor for which monetary damages may be difficult to ascertain or may be an inadequate remedy. You agree that Licensor will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any breach of this Agreement by you, and you expressly waive any objection that Licensor has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this Agreement are cumulative and concurrent and may be pursued separately, successively or together.



© Copyright bMobile Technology, Inc 2016

bMobile Technology, Inc / 1117 East Plaza Drive—Suite A / Eagle, Idaho 83616 / (208)331-5667 / info@bmobileroute.com / bmobileroute.com