Terms & Conditions

END USER LICENSE AGREEMENT FOR MOBISPINE SOFTWARE PRODUCT

This End-User License Agreement (“EULA”) is a agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as “You”) and MOBISPINE AB, 556666-6466, Alsnögatan 3, 116 41 Stockholm, Sweden (“MOBISPINE”) for the MOBISPINE mobile feed browser, including any associated media, printed materials and electronic documentation (the “Software Product”).

The Software Product also includes any software updates, add-on components, stencils, templates, shapes, services and/or supplements that MOBISPINE may provide to You or make available to You, or that You obtain from the use of features or functionality of the Software Product, after the date you obtain your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software Product, you agree to be bound by the terms of this EULA.

1. GRANT OF LICENSE. The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold. You may install and use one copy of the Software Product on a mobile device. All rights not expressly granted are reserved by MOBISPINE. The Software Product is provided to you by MOBISPINE at no charge save for any chargeable enhancements made available by MOBISPINE. MOBISPINE reserves the right on reasonable notice to you to introduce a fee for the use of the Software Product. You acknowledge that the Software Product is provided free of charge to you and, accordingly, MOBISPINE reserves the right from time to time to modify or discontinue, temporarily or permanently, the Software Product or your use of the Software Product with or without notice to you. You agree that in no event will MOBISPINE be liable to you or any third party in respect of any losses, costs or damages incurred or suffered as a result of any modification or discontinuance of the Software Product.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Internet Access and Traffic Charges. You will not be able to exercise your full rights to the Software Product unless you have Internet access through a GPRS-, or 3G-connected mobile device that supports Java MIDP2.0 or other software identified at www.mobispine.com. All traffic charges or access charges occurred due to the use of the Software Product are subject to your normal terms with your mobile device service provider.
Copy Protection. The Software Product may include copy protection technology to prevent unauthorized copying of the Software Product. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.
Limitations on Reverse Engineering Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by mandatory law.
Separation of Component Parts. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one mobile phone unless permitted by this EULA.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of MOBISPINE.
No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial services to third parties using the Software Product.
Termination. MOBISPINE MAY TERMINATE THIS EULA WITHOUT REASON AND AT ANY TIME GIVING 1 MONTH NOTICE. SUCH NOTICE MAY BE GIVEN BY PUBLICATION ON WWW.MOBISPINE.COM. Without prejudice to any other rights, MOBISPINE may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts. Privacy Policy. Mobispine will collect and use personal data in accordance with our policy “Information with regard to the processing of personal data” which you will find at www.mobispine.com.

3. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software Product are owned by MOBISPINE or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product and the Services, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

4. APPLICABLE LAW. Unless local mandatory laws apply, this EULA is governed by the laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this agreement, or the breach, termination or invalidity thereof shall be submitted to the District Court of Stockholm.

5. LIMITED WARRANTY. MOBISPINE warrants that the Software Product will perform substantially in accordance with the descriptions available at www.mobispine.com for a period of ninety (90) days from the date that you obtained your copy. If an implied warranty or condition is created and local law prohibits disclaimer of it, you also have an implied warranty or condition, but only as to defects discovered during the period of this limited warranty. As to any defects discovered after the ninety day period, there is no warranty or condition of any kind. Any supplements or updates to the Software Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. Your exclusive remedy for any breach of this EULA is as set forth below. You are not entitled to any damages, including but not limited to consequential damages, if the Software Product does not meet MOBISPINE’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 8 below are also incorporated into this Limited Warranty. MOBISPINE’s entire liability and your exclusive remedy shall be, at MOBISPINE’s option from time to time exercised subject to applicable law, (a) discontinuation of the license for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to MOBISPINE. You will receive the remedy elected by MOBISPINE without charge, except that you are responsible for any expenses you may incur. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

6. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBISPINE PROVIDE THE SOFTWARE PRODUCT AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.

7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOBISPINE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT.

8. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF MOBISPINE UNDER THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MOBISPINE) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT (IF ANY) ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00.

9. REGISTRATION AND TERMINATION OF SERVICE. To subscribe to our service, you can register from our website www.mobispine.com and mobile site mobile.mobispine.com. You will then be sent a text message (SMS) containing a link for downloading Mobispine. To terminate the service you can remove the software from your mobile phone and login to our website where you can delete your account from the settings option.
10. SUPPORT. To get help email us at support@mobispine.com.

11. ENTIRE AGREEMENT. This EULA (including any amendment to this EULA which is included with the Software Product) is the entire agreement between you and MOBISPINE relating to the Software Product. This EULA supersedes all prior communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any MOBISPINE policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.