MOBILEFX SOFTWARE END-USER LICENSE AGREEMENT

FOR WEBKITX ACTIVEX CONTROL 

ATTENTION: YOU MAY NEED TO SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU CAN AGREE TO THE EULA AND CONTINUE WITH THE SOFTWARE INSTALLATION. 

IMPORTANT: THIS AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND MOBILEFX. BY INSTALLING AND USING THE SOFTWARE, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND THE CUSTOMER TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE SOFTWARE.

THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY MOBILEFX HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN. 

1. Definitions

(a) "Software" is a bundle of (i) mobileFX software (ii) third party software, in each case, supplied by mobileFX herewith, (iii) corresponding documentation, associated media, printed materials, online or electronic documentation and (iv) samples. (b) "mobileFX Component" is the portion of the Software required in order for the End User Product to operate on hardware on which the Software itself is not resident.

(c) "Third Party" for the scope of this agreement is Chromium Embedded Framework (CEF3) of which a precompiled publicly available version of CEF3 is bundled  within the Software in order to demonstrate how CEF3 binaries should be copied alongside mobileFX Component. CEF is a BSD-licensed open source project founded by Marshall Greenblatt in 2008 and based on the Google Chromium project. CEF3 binaries can be also downloaded separately from http://opensource.spotify.com/cefbuilds/index.html#windows32_builds and mobileFX Component requires cef_binary_3.3202.1692.g18a939d_windows32.

(d) "End User Product" means an Output File, typically a software application executable developed and generated by you, which contains the mobileFX Component.

(e) "End User" is CUSTOMER's customer: person, company or organization that will purchase/obtain a license of the End User Product. 

(f) "Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only. 

(g) "mobileFX" means mobileFX Studio Ltd and its licensors, if any. 

(h) "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version. 

2. License Grants 

The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA: 

(a) Subject to Section 2(b) you may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. Except as otherwise specifically provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different computers. Except solely for purposes of installing the Software on a computer as described above, a license for the Software may not be accessed and used via a server or network storage device, including without limitation through Citrix and Citrix-type environments. Subject to the terms and conditions set forth in this EULA, you shall not have more than one installation of the Software on any single computer.

(b) The intended use of a licensed mobileFX Component is to be used by the CUSTOMER (you) for developing an unlimited number of End User Products in the form of executable software applications both for commercial and non-commercial purposes. To avoid any conflict of interest, mobileFX prohibits you from using this software for developing commercial and/or non commercial software components that wrap mobileFX Component and could pose/become competitor of mobileFX business. The key difference between a software application (allowed) and a software component (prohibited) is that a software component is used as an integral part on building software applications.

(c) You may make any number of copies of the Software in machine-readable form for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends of the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes. 

(d) In addition, you may make copies of your End User Product and the associated mobileFX Component, and sell/distribute those copies; provided, however, that:

(i) the mobileFX Component may not be distributed or used other than as bundled with the Output File as part of the End User Product, and 

(ii) you shall require each party to whom the End User Product is distributed to agree that no title to, or ownership rights in the mobileFX Components are transferred and that the End User Product, including the mobileFX Component, shall not be reverse compiled or disassembled.

(e) You agree that mobileFX may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse mobileFX for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. 

(f) Your license rights under this EULA are non-exclusive. 

(g) Mandatory Product Activation. The license rights granted under this Agreement may be limited to the first thirty (30) days after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You may need to activate the Software through the use of the Internet. There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that mobileFX may use those measures and you agree to follow any requirements regarding such technological measures. License generation is based on a PayPal verified email address provided by PayPal during purchase. This email address cannot be changed and license generated for this email is non transferable to another email.

3. License Restrictions

(a) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. 

(b) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software. 

(c) License generation is based on a PayPal verified email address provided by PayPal during purchase. This email address cannot be changed and license generated for this email is non transferable to another email.

(d) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one license to such Trial Version, (C) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without mobileFX's prior written consent, or (D) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose. 

(e) You may only use the Not for Resale Version of the Software to review and evaluate the Software. 

(f) You may not export the Software into any country prohibited by the European Union Export Administration Act and United States Export Administration Act and the regulations thereunder. 

(g) You shall not use the Software to develop any product having the same primary function as the Software. To avoid any conflict of interest, mobileFX prohibits you from using this software for developing commercial and/or non commercial software components that wrap mobileFX Component and could pose/become competitor of mobileFX business.

(h) In the event that you fail to comply with this EULA, mobileFX may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

4. Upgrades

If this copy of the Software is an upgrade from an earlier version of the Software, you must possess a valid full license to a copy of an earlier version of the Software used to upgrade to this upgrade copy in order to install and/or use this upgrade copy. You may continue to use each earlier version copy of the Software to which this upgrade copy relates on your computers after you receive this upgrade copy, provided that, 

(i) you comply with the terms and conditions of the earlier version's end user license agreement with respect to the installation and/or use of such earlier version copy; 

(ii) you acknowledge and agree that any obligation mobileFX may have to support and/or offer support for the earlier version of the Software may be ended upon availability of the upgrade.

5. Ownership 

The foregoing license gives you limited license to use the Software. mobileFX and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by mobileFX and its suppliers.

6. LIMITED WARRANTY AND DISCLAIMER

(a) MOBILEFX PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS". 

(b) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION, MOBILEFX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MOBILEFX DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. MOBILEFX SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 

(c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY PROVIDED THAT THE SOFTWARE IS USED IN ACCORDANCE WITH ITS DOCUMENTATION AND SOFTWARE AND HARDWARE SPECIFICATIONS.

(d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOBILEFX, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. 

7. No Refund Policy

Given the nature of digital content and the automation of the purchase circuit, where an email with the license key is automatically sent to a PayPal email address upon successful payment, a refund or credit on a purchase is not granted. You are granted an ample evaluation period in order to test mobileFX Software before you decide to purchase it.

8. LIMITATION OF LIABILITY

(a) NEITHER MOBILEFX NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MOBILEFX OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

(b) MOBILEFX'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO 50 BRITISH POUNDS ONLY.

9. Basis of Bargain

The Limited Warranty and Disclaimer, and Limited Liability set forth above are fundamental elements of the basis of the agreement between mobileFX and you. mobileFX would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, and Limited Liability inure to the benefit of mobileFX's licensors.

10. Consumer End Users Only

The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

11. Third Party Software

The Software may contain third party software which requires notices and/or additional terms, conditions and licenses. Such required third party software notices and/or additional terms, conditions and licenses are located at http://www.mobilefx.com and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.

12. General

This EULA shall be governed by the European software laws, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Athens, Greece to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of mobileFX to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach. No mobileFX dealer, agent or employee is authorized to make any amendment to this EULA unless such amendment is in writing and signed by a duly authorized representative of mobileFX. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect. All questions concerning this EULA shall be directed to the address below, Attention: General Counsel. mobileFX and other trademarks contained in the Software are trademarks or registered trademarks of mobileFX Studio Ltd. in the UK and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use mobileFX's or its licensors' names or any of their respective trademarks.

mobileFX Studio Ltd
Company Number: 08322988 – Registered In England and Wales
VAT Registration Number: GB 151 9593 89 
DUNS number: 218731514 
Registered Office: 97 Judd Street, London WC1H 9JG, UK. 
email: sales@mobilefx.com | info@mobilefx.com