Copyright (c) 2014 Mobi Shhh Limited
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using SafeM8s 1.0 ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Mobi Shhh Limited your use of SafeM8s 1.0 indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Mobi Shhh Limited grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use SafeM8s 1.0 in accordance with this Agreement and any other written agreement with Mobi Shhh Limited. Mobi Shhh Limited does not transfer the title of SafeM8s 1.0 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Mobi Shhh Limited and the purchasers or users of SafeM8s 1.0.
If you do not agree to be bound by this agreement, remove SafeM8s 1.0 from your smart phone now.
2. USER AGREEMENT
Your license to use SafeM8s 1.0 is limited to you. You shall not allow others to use, copy or evaluate copies of SafeM8s 1.0.
2.2 Use Restrictions
You shall use SafeM8s 1.0 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of SafeM8s 1.0 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of SafeM8s 1.0 may be used on one single smart phone by one user. Use of SafeM8s 1.0 means that you have loaded, installed, or run SafeM8s 1.0 on a smart phone or similar device.
2.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile SafeM8s 1.0. Nor can you create any derivative works or other works that are based upon or derived from SafeM8s 1.0 in whole or in part.
Mobi Shhh Limited's name, logo and graphics file that represents SafeM8s 1.0 shall not be used in any way to promote products developed with SafeM8s 1.0 . Mobi Shhh Limited retains sole and exclusive ownership of all right, title and interest in and to SafeM8s 1.0 and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of SafeM8s 1.0, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Mobi Shhh Limited.
2.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Mobi Shhh Limited , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Mobi Shhh Limited's Software.
In no event (including, without limitation, in the event of negligence) will Mobi Shhh Limited , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, SafeM8s 1.0 or the use or inability to use SafeM8s 1.0 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Except as expressly stated in writing, Mobi Shhh Limited makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
2.6 Governing Law
This Agreement shall be governed by the law of the New Zealand applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of New Zealand therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of SafeM8s 1.0 and destroy all copies of SafeM8s 1.0 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
3. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SafeM8s 1.0 AS WELL.