TERMS OF USE

END USERS LICENSE AGREEMENT

PLEASE READ THIS LICENSE CAREFULLY BEFORE PURCHASING, DOWNLOADING OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE OR MAKE ANY ATTEMPT OF USE.

IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS.

This device software, database, artwork and other components included in this product (collectively referred to herein as the "MobiOcean Software") are the copyrighted property of Mobi Ocean Mobility Software Solutions (P) Ltd and its licensors (collectively referred to as "MO"). The MobiOcean Software is licensed (not sold) to you, and Licensor owns all copyright, trade secrets, patents and other proprietary rights in the MobiOcean Software. You may use the MobiOcean Software on a single device. You may not: (1) copy, distribute, rent, lease or sublicense all or any portion of the MobiOcean Software; (2) modify or prepare derivative works of the MobiOcean Software; (3) transmit the MobiOcean Software over a network, by telephone or electronically using any means, except in the course of your installation of the MobiOcean Software over authorized networks; (4) reverse engineer, decompile or disassemble the MobiOcean Software. You may NOT transfer the MobiOcean Software to anyone else or any other device other than the one on which it is originally installed for the purpose. The terms of the license will govern any upgrades provided by Application provider i.e. the Licensor that replace and or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

'You' and 'Your' in context of this Agreement refers to the Licensee/ User of the MobiOcean Software and entity agreeing to enter into this Agreement. The terms 'we', 'us' and 'our' refer to Licensor.

DEFINITIONS

"Agreement" means this agreement and such other amendments in this Agreement or Addendums made or incorporated pursuant to any updates of the MobiOcean Software.

"Device" means the personal digital assistant, smart phones, or any such hand-held devices or such other electronic devices for which this MobiOcean Software is designed and authorized to be used.

"End User" means the user or owner of the Device in which the MobiOcean Software is installed or running or used.

"License Period" means the time period for which the MobiOcean Software has been permitted to use. This License period is determined by the period for which the same is being purchased at the time of downloading.

"Minor" means a person under the age of 18 years.

"You" means the Licensee of this MobiOcean Software License Agreement who has purchased/downloaded the license to use the software, for his own use and not for resale of distribution purposes. Also the Licensee has to use as per terms of use of this Agreement. It includes:

  • An individual using this MobiOcean software after legally acquiring the same, it also includes any such other person using on his behalf (whether authorised or not by such individual).
  • An organization (including but not limited to partnership, joint venture, limited liability partnership, any Company of any nature, Unincorporated Organisation, Association of Person or any such person) using this MobiOcean Software for its employees.

LICENSING POLICY/ TERM

The MobiOcean Software is provided to the Licensee under the terms of usage which is governed by the commercial arrangement between the Licensor and Licensee. Licensor can provide MobiOcean Software for a limited period for trial, it can provide it on monthly or quarterly payment basis and it can also provide it for a long term usage with a one time cost

MobiOcean Software is offered to the user in time oriented licensing configuration. If you wish to continue to use the MobiOcean Software service at the interval you selected, you will need to renew your license after the expiry of the License Period. If you wish to no longer use the MobiOcean Software service, then at the end of the time period you selected at the point of purchase, your MobiOcean Software account will automatically be disabled and this Agreement will terminate forthwith.

DEVICE SUBSCRIPTIONS

Subject to the purchase of license to use the MobiOcean Software, You are permitted/ authorized to use the services of this Software maximum upto the devices subscribed for at the time of purchase/ renewal of this software product or after paying adequate license fees for additional devices from time to time.

UNDERTAKING

In relation to this License Agreement, You hereby undertake

  1. You will only use this Software product and its services maximum upto the devices you have subscribed and permitted for.
  2. You will not transfer this license to use to any other individual or person
  3. You will not use this Software product for illegitimate purposes nor will you misuse the product. You will only use this MobiOcean Software for described purposes only.
  4. You will not share any such password/ passkeys if any that requires for the application for this MobiOcean product.
  5. You agree that you have fully informed and rightly explained about the Software product and its features to the end user. And you confirm that you have the legal rights to use the Software product on the end user phone or device. The Licensor would not be held liable for any non-explanation, wrong explanation or any misinformation about the Software product to the end user by the Licensee.
  6. You agree that you have the legal rights to use the Software product on the end user phone or device.
  7. You agree that any and every information that You have shared or will share during the installation and usage of this Software Product, You have the full authority or have full authorisation to share and disclose the same.
  8. You agree not to:
    1. Emulate, or adapt any portion of the software.
    2. Debug, decompile, modify, translate, and reverse engineer the software.
    3. Try making an attempt to reveal/ discover the source code of the software.
    4. Demonstrate, copy, sell the software product to any third party
    5. Publish or disclose information relating to the performance or quality of the Software to any third party.
    6. Use the MobiOcean Software product for unlicensed and illegal purposes.
    7. Assign or transfer any of your rights or obligations under this Agreement.
    8. Shall not market, offer to sell, sell and/ or otherwise resell the services or any software provided in connection with this Agreement to any third party.
    9. Disclose or share any wrong information or details.
  9. You agree that you are solely responsible for the usage of this Software Product. Any such claims/ liability that might arise due to usage of this product by the End User or any such third party, You shall take full responsibility of such claims and be held liable.
  10. You agree to indemnify the Licensor for any damage/ claims that arises or caused due to usage/ misuse of this MobiOcean Product by any such third party related to You through the usage of this Software product.

INSTALLATION

You need to follow proper steps to install the MobiOcean Software Product. The Licensor expressly disclaims any loss caused due to loss of data, loss of profits during such installation or activation of the Software Product.

The Licensor can adopt any such measures that might be required for installation of the Software Product but disclaims failure of activation or installation that might occur due to already installed software in the device or software configuration.

It may be an offense to install monitoring/surveillance software onto a phone/computer which you do not own or have proper authorization to install. It may also be an offense in your jurisdiction to monitor the activities of the other individuals. Check all Country, State and local laws before installing any monitoring software such as MobiOcean. You may also have to notify a person that they are being monitored if they are over the age of 18. Country or local law governs the use of some types of software; it is the RESPONSIBILITY of the User to follow such laws.

By installation or using of this Software Product You agree that it is You are using this Software Product as per the Company rules and requirements (if any) and You are fully aware of the same. You also agree that You have been authorised or have full rights for installation and usage of the Software Product.

Return Payment in case of Failure of Activation. Or Alternative Clients to comment.

THIRD PARTY WEBSITE LINKS [clients to comment- is this required, the below is okay]

During the usage of this Software Product, the Licensor may provide links of third party websites, you may link/ visit such third party websites as a user of this Software Product. The third party websites are not under the control of the Licensor or any such links within the third party websites hence the Licensor shall not be responsible for the contents of such third party websites. The Licensor if provides any such third party links only for the convenience of the Licensee.

USAGE BY MINOR

You agree that You are not a minor at the time of downloading or using this software product. In case you are a minor then You have your parent or legal guardian review this End User License Agreement.

If this Software product is used by minor, then the parent or his legal guardian agree that they will be responsible for the usage of the Software Product by the minor. Any such claims/ liability that might arise due to usage of this product by the End User being a minor, his parent or the legal guardian shall take full responsibility of such claims and be held liable.

THIRD PARTY WEBSITE LINKS

During the usage of this Software Product, the Licensor may provide links of third party websites, you may link/ visit such third party websites as a user of this Software Product. The third party websites are not under the control of the Licensor or any such links within the third party websites hence the Licensor shall not be responsible for the contents of such third party websites. The Licensor if provides any such third party links only for the convenience of the Licensee.

COMMUNICATION

Once you register and install the MobiOcean Software Product and after the activation the Licensor shall contact you only through the contact details as submitted by You during the registration/installation. Such contact information for communication shall also be used for verification purposes.

PRIVACY POLICY

It is company policy that our customer databases remain confidential and private. We have not, will not, and won't ever supply/provide or sell names to "spammers" or any other parties who would like to use our databases to advertise or solicit their products or services. 'App Name' does not collect any information from the device(s) other than the information required for the product's successful operation. Your private information is safe with us.

The Licensor will not share your personally identifiable, registration, or client device information or backup or location data with third-parties except under the following conditions:

  • If you have provided your express consent.
  • Some parties to whom we may disclose your information in order to provide you with MO products and services such as our SMS service partners for the purpose of sending text messages to your phone.
  • We believe, in good faith that, it is appropriate or necessary to: enforce our Terms of Use; take precautions against liability; protect users from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against any third-party claims or allegations; assist government enforcement agencies; protect the security or integrity of the Licensor; or protect the rights, property, or personal safety of Licensor, users, or others.
  • We may disclose your personal information if legally required to do so by government agencies or law enforcement bodies

LIMITATION OF LIABILITY

All our products are distributed and licensed on an "as is" basis and no warranties or guarantees of any kind are promised by MobiOcean Software. In no event shall MobiOcean Software be liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional, or any incidental, special, indirect, consequential damages whatsoever, including without limitation, or other, which might arise from its use.

Under no circumstances the Licensor shall be held liable for the failure of this MobiOcean Software product due to the events and reasons not within the control of the Licensor or any such communication that has not happened such as server has failed to deliver data, data communication did not happen or any such conduct of Yours.

The Licensor shall not be liable to Licensee for its loss of profits, loss of goodwill, work stoppage, computer failure or hardware failure or device failure wither of the Licensee or the Users thereunder, for malfunction of the product or any devices, or any commercial damages or losses even if such party has been informed about the possibility of such damages.

DISCLAIMER OF WARRANTY

It is warranted that this MobiOcean Software product is free of all defects, merchantable and fit for a particular purpose and does not infringe the rights of any person(s). The entire risk as to the quality and performance of the software product is with you.

TERMINATION

The License and the rights granted hereunder will terminate automatically if You fail to comply with the terms of use within seven days of being aware of the breach. Provisions, if any by their nature must remain in effect beyond the termination of this License shall survive. If the renewal fees is not paid on the expiration of the license period then the software license will automatically stand terminated.

On termination of this License Agreement all the End User License Agreements formed/ entered hereunder shall stand terminated therewith. Upon such termination, you shall promptly return or destroy all copies of the software and documentation.

GENERAL

While the Mobiocean software remains undetected by any known software, it is the User's responsibility to stop programs, which might block Mobiocean Software on the device, should the situation arise.

Due to the fact that software is ad digital good and registration information cannot be reclaimed, no refunds can be issued and all sales are final.

All logs are stored inside your account for a minimum of 30 days. Logs older than 30 days are subject to deletion during maintenance of the server.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or material in any way whatsoever except permitted use of the service.


YOU EXPRESSELY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR RISK. YOU HEREBY AGREE TO CHECK ALL LAWS IN YOUR OWN RESPECTIVE COUNTRY, AND ALSO THE COUNTRY WHERE THE MONITORING / SURVEILLANCE WILL TAKE PLACE IF DIFFERENT FROM YOUR OWN COUNTRY, BEFORE INSTALLING ANY TYPE OF SOFTWARE OR HARDWARE WHICH MAY BE USED FOR SUCH PURPOSES. WE ABSOLUTELY DO NOT CONDONE THE USE OF SUCH SOFTWARE FOR ILLEGAL PURPOSES. IT IS THE RESPONSIBILITY OF THE USER TO FOLLOW ALL SUCH LAWS THAT GOVERN THE USE OF SOME TYPES OF SOFTWARE. BY CONTINUIN TO USE THE MOBIOCEAN SOFTWARE YOU AGREE TO COMPLY WITH SUCH LAWS AND AGREE THAT ITS YOUR SOLE RESPONSIBILITY TO COMPLY WITH SUCH LAWS.

YOU ALSO AGREE YOU WILL INDEMNIFY AND HOLD THE OWNERS AND OPERATORS OF THIS WEBSITE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS HARMLESS FROM ANY TYPE OF DAMAGE, LITIGATION, OR LEGAL PREDICAMENTS THAT MAY ARISE OUT OF YOUR USE OF OR ABUSE OF SUCH SOFTWARE.

USAGE AGREEMENT

By installing, running, or using MobiOcean Software product or service you agree to the above Policies. In addition, you agree that you will follow the MobiOcean Software policies at all times when using a MobiOcean Software product or service. Failure to comply with our policies will result in the account being terminated without warning.

Terms are subject to change at any time.