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Welcome to the Mobiward Web site (the "Site"). By using the Site, you agree to follow and be bound by
the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy
Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.
Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of
Use and terms of use posted for a specific area of the Site, the latter shall have precedence with
respect to your use of that area of the Site.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the "
Documents") from the Site subject to the following: (a) the Documents may be used solely for
personal, informational, non-commercial purposes; and (b) the Documents may not be modified or
altered in any way. Except where your use constitutes "fair use" under copyright law, you may not
otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post,
transmit or distribute any information from this Web site in whole or in part without the express
authorization of Mobiward.
2. Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms
of a software license agreement between you and Mobiward. You must read the license agreement and
indicate your agreement to its terms prior to installing or using the software. All rights, title and
interest not expressly granted are reserved.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group, letter to Mobiward, its
webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload,
email, post, publish or otherwise transmit through a Forum any content that: (a) is false or
misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry,
racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's
rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk
e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish
any content containing a solicitation of funds, promotion, advertising, solicitation for goods or
services, or other commercial matter. You agree not to solicit other users of the Site to use or join
or become members of any commercial online or offline service or other organization. Except where
expressly authorized by Mobiward, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or
submitting any content to Mobiward, you automatically grant (or warrant that the owner of such rights
has expressly granted) Mobiward a perpetual, royalty-free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any
form, medium, or technology now known or later developed. In addition, you warrant that all so-called
moral rights in the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access
the Site, and are fully responsible for all activities that occur under your password(s). You agree
to notify Mobiward immediately of any unauthorized use of your password(s).
Mobiward is concerned about the security of personal information we have collected from you and has
taken reasonable steps to prevent unauthorized access to that information.
5. Termination of Use
You agree that Mobiward may, in its sole discretion, at any time terminate your access to the Site
and any account(s) you may have in connection with the Site. Access to the Site may be monitored by
Mobiward.
6. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services from third parties,
including users, advertisers, affiliates and sponsors of the Site. You agree that Mobiward is not
responsible for the availability of, and content provided on, third party Web sites. You should refer
to the policies posted by other Web sites regarding privacy and other topics before you use them. You
agree that Mobiward is not responsible for third party content accessible through the Site, including
opinions, advice, statements and advertisements, and understand that you bear all risks associated
with the use of such content. If you choose to purchase any products or services from a third party,
your relationship is directly with the third party. You agree that Mobiward is not responsible for:
(a) the quality of third party products or services; and (b) fulfilling any of the terms of your
agreement with the seller, including delivery of products or services and warranty obligations
related to purchased products or services. You agree that Mobiward is not responsible for any loss or
damage of any sort you may incur from dealing with any third party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. MOBIWARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. MOBIWARD MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR
REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH
THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MOBIWARD SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT,
MATERIALS, INFORMATION OR SOFTWARE.
MOBIWARD RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL MOBIWARD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless Mobiward, its officers, directors, employees and
agents from and against any and all claims, liabilities, damages, losses or expenses, including
reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or
use of the Site.
10. Privacy Policy
Mobiward is concerned about your privacy and has developed a policy to address privacy concerns. You
can find the current privacy policy at Privacy Policy.
11. Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information
to us.
12. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content, software, products or services
provided on the Site in violation of U.S. export laws or regulations, or in violation of any other
applicable laws or regulations. You agree to comply with all export laws and restrictions and
regulations of any United States or foreign agency or authority, and not to directly or indirectly
provide or otherwise make available the services and products of Mobiward in violation of any such
restrictions, laws or regulations, or without all necessary approvals, including, without limitation,
for the development, design, manufacture or production of nuclear, chemical or biological weapons of
mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary
licenses and/or exemptions with respect to your own use of the services of Mobiward outside the U.S.
Neither the services of Mobiward nor the underlying information or technology may be downloaded or
otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals
or entities controlled by such countries, or to nationals or residents of such countries other than
nationals who are lawfully admitted permanent residents of countries not subject to such sanctions;
or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and
Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms
and Conditions of Use, you agree to the foregoing and represents and warrants that you are not
located in, under the control of, or a national or resident of any such country or on any such list.
13. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or
the laws of the State of California. Any legal action or proceeding relating to your access to, or
use of, the Site shall be instituted in a state or federal court in Oakland or Alameda County,
California. You and Mobiward agree to submit to the jurisdiction of, and agree that venue is proper
in, these courts in any such legal action or proceeding.
14. Copyright/Trademark Information
Copyright © 2006, Mobiward. All rights reserved.
Mobiward is a trademark of Mobiward. Other names
appearing on the Site may be trademarks of their respective owners.
15. Contact Information
If you have any questions regarding these Terms of Use, please contact Mobiward at legal@mobiward.com.
com. If you have any other questions regarding the Site, please contact Mobiward at info@mobiward.com. |
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