Mommy I’m Here, Inc.
SOFTWARE LICENSE AGREEMENT FOR
Mommy I’m Here Teddy Tag APPLICATION
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE Mommy I’m Here (MIH abbreviated) SOFTWARE. BY USING THE MIH 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 INSTALL AND/OR USE THE SOFTWARE.
IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
A. The Mommy I’m Here (MIH) software, and any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether in read only memory, on any other media or in any other form (collectively the "Mommy I’m Here Software") are licensed, not sold, to you by Mommy I’m Here, Inc. ("MIH") for use only under the terms of this License. MIH and/or MIH’s licensors retain ownership of the MIH Software itself and reserve all rights not expressly granted to you.
B. MIH, at its discretion, may make available future upgrades or updates to the MIH Software for your compatible device. The MIH Software upgrades and updates, if any, may not
necessarily include all existing software features or new features compatible with all electronic devices. The terms of this License will govern any software upgrades or updates provided by MIH to the original MIH Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.
2. Permitted License Uses and Restrictions.
A. License. Subject to the terms and conditions of this License, unless you obtained the MIH Software as described in Section 2B, you are granted a limited, non-transferable, non-exclusive license to install and use the MIH Software on any compatible electronic device that you own or control. You may not distribute or make the MIH Software available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, redistribute or sublicense the MIH Software.
B. Volume or Maintenance License. If you obtained the MIH Software under a volume or maintenance license program with MIH, the terms of your volume or maintenance license will determine the number of copies of the MIH Software you are permitted to download, install, use and run on electronic devices you own or control. Except as agreed to in writing by MIH, all other terms and conditions of this License shall apply to your use of the MIH Software obtained under a volume or maintenance license.
C. System Requirements. MIH Software is supported only on hardware that meets
specified system requirements as indicated by MIH.
E. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the MIH Software or any services provided by the MIH Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the MIH Software).
F. Compliance with Laws. You agree to use the MIH Software and the Services (as defined in Section 4 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the MIH Software and Services.
G. Automatic Updates. If you choose to allow automatic app updates, your device will periodically
check with for updates and upgrades to the MIH Software and, if an update or upgrade is
available, the update or upgrade can automatically download and install onto your device and, if
applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within Settings.
3. Consent to Use of Data.
A. Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that MIH and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your electronic device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve MIH’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the MIH Software, and to verify compliance with the terms of this License. MIH may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above.
B. Location Data. MIH and its partners and licensees may provide certain services through the MIH Software that rely upon location information. To provide and improve these services, where available, MIH and its partners and licensees may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your device on which the MIH Software is used, and you hereby agree and consent to MIH’s and its partners' and licensors' collection, use, transmission, processing and maintenance of such location data to provide such services. In addition, by enabling and or using any location-based services or features within the MIH Software (e.g. the Teddy Tag software application), you agree and consent to MIH collecting, using, processing and maintaining information related to your account, and any devices registered thereunder, for the purposes of providing suchlocation-based service features to you. Such information may include, but is not limited to, your account IDand name, device ID and name, device type and real-time geographic location of your device at the timeof your request. You can withdraw your consent at any time by turning Location Services and/or the
collection of location data related to the Teddy Tag software application to "Off" on your electronic device.
4. Other Sercvices. Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that MIH is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. MIH does not warrant or endorse and does notassume and will not have any liability or responsibility for any third-party materials or web sites, or forany other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that wouldinfringe or violate the rights of any other party, and that MIH is not in any way responsible for any suchuse by you.
You agree that the Services contain proprietary information and material that is owned by MIH and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoeverexcept for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. MIH and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will MIH be liable for the removal of or disabling of access to any such Services. MIH may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from MIH if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the MIH Software and destroy all copies, full or partial, of the MIH Software. Sections 3, 4, 5, 6, 7, 8, 10 and 11 of this License shall survive any such termination.
6. Disclaimer of Warranties.
A. If you are a customer who is a consumer (someone who uses the MIH Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization.
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, USE OF THE MIH SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MIH SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MIH SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MIH AND MIH’s LICENSORS (COLLECTIVELY REFERRED TO AS "MIH" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MIH SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
D. MIH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MIH SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MIH SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MIH SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE MIH SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE MIH SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS
SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD
E. YOU FURTHER ACKNOWLEDGE THAT THE MIH SOFTWARE AND SERVICES ARE NOT
INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE MIH SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MIH OR AN MIH AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MIH SOFTWARE OR SERVICES 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.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MIH BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MIH SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE MIH
SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MIH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall MIH’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
8. Export Control. You may not use or otherwise export or re-export the MIH Software except as
authorized by United States law and the laws of the jurisdiction(s) in which the MIH Software was
obtained. In particular, but without limitation, the MIH Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the MIH Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the MIH Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
9. Government End Users. The MIH Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language. This License constitutes the entire agreement
between you and MIH relating to the MIH Software, 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 MIH. 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, to the extent not prohibited by local law in your jurisdiction.