Rocket Browser EULA
Mobile Application End User License Agreement
This Mobile Application End User License Agreement (Agreement and/or EULA) is made between owner and operator of AJ Development and provider of the Rocket Browser (Mobile App) and You (User) who has: 1) [registration protocol]; and 2) downloaded the Mobile App such that you may access the Rocket Browser functionality from your mobile device.
PLEASE READ THIS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN USER AND COMPANY. USER AGREES THAT THIS AGREEMENT HAS THE BINDING LEGAL FORCE AND EFFECT OF A CONTRACT SIGNED IN INK AND DELIVERED IN PERSON. BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE MOBILE APP, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND COMPANY SHALL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE MOBILE APP. THIS AGREEMENT IS APPLICABLE FOR ALL RELEASED VERSIONS OF THE MOBILE APP. THIS AGREEMENT MAY BE AMENDED FROM TIME-TO-TIME AT THE SOLE DISCRETION OF COMPANY. COMPANY SHALL PROVIDE NOTICE TO USER OF AMENDMENTS BY POSTING THE UPDATED EULA ON COMPANY'S WEBSITE. USER SHALL HAVE THE OPPORTUNITY TO REFUSE SAID AMENDMENTS SOLELY BY CEASING UTILIZATION OF THE MOBILE APP AND UNINSTALLING IT FROM HIS MOBILE DEVICE.
1. Mobile App Usage Terms.
a. Description. The Mobile App is a software application, proprietary to Company, which is designed to allow User to [Rocket Browser_functionality] via his mobile device. The Mobile App is protected by intellectual property laws and international intellectual property treaties. Users use of the Mobile App is licensed and not sold.
b. Third Party Vendors/Distributors. User is aware that Company makes no warranties with reference to any third party vendor/distributor software and/or services that are complementary or used in conjugation with the Mobile App.
c. Accessibility and Function. User agrees that from time to time, the Mobile App may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment (hardware) malfunctions; (ii) software malfunctions; (iii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iv) causes beyond the reasonable control of Company or which causes are not reasonably foreseeable by Company. Company is not responsible, directly or indirectly, for the performance and/or reliability of third party vendor/distributor system, equipment or otherwise, or Users Internet Service Provider (ISP).
d. Equipment. User shall be solely responsible for providing, maintaining, and ensuring compatibility with the Mobile App, all hardware, software, electrical and other physical requirements for Users use of the Mobile App including, without limitation, telecommunications and Internet connection(s), ISP, web browsers and/or other equipment, programs and services required to access and use the Mobile App.
e. Grant of License. Company grants User, pursuant to the terms and conditions of this Agreement, a non-exclusive, limited, revocable, non-transferable, non-sublicenseable right and license to use the Mobile App for Users personal, non-commercial purposes strictly for [Rocket Browser_functionality] via a mobile device. Users right and license to use the Mobile App shall be conditioned on Users compliance with the terms of this Agreement, and User's license granted under this Section shall terminate immediately upon User's breach of the terms of this Agreement.
2. Security of Users System. User shall be solely responsible for the security, confidentiality, and integrity of all messages and the content that User receives, transmits through or stores via the Mobile App or on any computer or related equipment that is used to access the Mobile App. User shall be solely responsible for any authorized or unauthorized access to Users account by any person, entity, partnership, organization, association, or otherwise.
b. Term/Automatic renewal. The term of this agreement shall begin upon Users commencement of the Mobile App and shall continue until terminated pursuant to Section 6.
c. Upgrades. During the term of the license User shall be entitled to Mobile App upgrades as provided in the sole discretion of Company. Users entitlement to upgrades shall be limited to the specific edition of the Mobile App for which the User is licensed.
4. User Representations. User represents and warrants to Company that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User's obligations under this Agreement; (b) all information provided by User to Company is truthful, accurate and complete; (c) User is the authorized signatory of the credit or charge card provided to Company to pay the Fees; (d) User shall comply with all terms and conditions of this Agreement including, without limitation, the provisions set forth in Section 5; (e) User, and not the Company, is solely responsible for the security and use of Users login and password; (f) User has provided and shall provide accurate and complete registration information including, without limitation, Users legal name, address, email address, and telephone number; and (g) User acknowledges that all right, title, and interest to the Mobile App belongs to Company. Company reserves all rights not expressly granted to User in this Agreement and that the User may not sublicense, transfer, or assign the Mobile App, directly or indirectly, to any person, entity, partnership, organization, association or otherwise, for any reason.
5. Prohibited Uses.
a. Errors, Acts, Omissions and Unacceptable Use. User, directly or indirectly, agrees not to engage in, facilitate, or encourage any unacceptable use of the Mobile App. Unacceptable use includes, without limitation, use of the Mobile App to: (i) disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (ii) disseminate or transmit material that, to a reasonable person may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate, store or transmit files, graphics, software or other material that actually, impliedly, or potentially infringes the copyright, trademark, patent, trade secret, trade name or other intellectual property right of any person, entity, partnership, organization, association or otherwise; (iv) create a false identity or to otherwise attempt to mislead any person, entity, partnership, organization, association or otherwise, as to the identity or origin of any communication; (v) distribute, re-distribute, or permit transfer of content in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Mobile App or any other computer network; (vii) disseminate, store or transmit viruses or any other malicious code or program; or (viii) engage in any other activity deemed by the Company, in its sole discretion, to be in conflict with the spirit or intent of this Agreement.
b. Dissemination. User may not disseminate software, username(s) and/or password(s) to any other person, entity, partnership, organization, association or otherwise. Internet Protocol (IP) addresses may be recorded by the Mobile App to prevent account misuse.
6. Termination. This Agreement is effective upon Users acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason by uninstalling or ceasing user of the Mobile App. Company reserves the right, in its sole discretion and without prior notice to User, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Mobile App; (b) suspend Users access to or use of all or any portion of the Mobile App; and (c) terminate this Agreement.
7. Disclaimer of Warranties. THE MOBILE APP IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE MOBILE APP IS AT USER'S SOLE RISK. COMPANY NEITHER WARRANTS THAT THE MOBILE APP WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE MOBILE APP. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE MOBILE APP. COMPANY MAKES ABSOLUTELY NO WARRANTIES WITH REFERENCE TO THIRD PARTY SOFTWARE AND/OR SERVICES USER MAY USE ALONG WITH THE MOBILE APP.
8. Limitation of Liability.
a. UNDER NO CIRCUMSTANCES SHALL COMPANY, DIRECTLY OR INDIRECTLY, BE LIABLE TO USER OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE MOBILE APP OR THE INTERNET IN GENERAL, INCLUDING, WITHOUT LIMITATION, USER'S USE OR INABILITY TO USE THE MOBILE APP, ANY CHANGES TO OR INACCESSIBILITY OF THE MOBILE APP, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE MOBILE APP, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE MOBILE APP, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.
b. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO COMPANY HEREUNDER. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE MOBILE APP, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE MOBILE APP AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
c. COMPANY IS NOT LIABLE FOR ANY ITEMS VIEWED OR TRANSMITTED VIA THE MOBILE APP.
d. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTS TAKING PLACE WHICH ARE NOT VIEWED OR TRANSMITTED VIA THE MOBILE APP.
e. COMPANY IS NOT OBLIGATED, DIRECTLY OR INDIRECTLY, TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY USER, NOR IS COMPANY OBLIGATED, DIRECTLY OR INDIRECTLY, TO ARCHIVE OR OTHERWISE MAINTAIN OTHER REPRODUCTION OF THE CONTENT THAT APPEARS OR IS TRANSMITTED ON THE MOBILE APP FOR FUTURE REFERENCE.
f. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT ON THE MOBILE APP.
g. COMPANY IS NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR COMPLIANCE OR LACK THEREOF BY ANY THIRD-PARTY VENDORS WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS.
h. COMPANY MAKES SIGNIFICANT EFFORTS MEETING OR EXCEEDING INDUSTRY STANDARDS TO INSURE THE SECURITY AND/OR FUNCTIONALITY OF MOBILE APP RELATED INTERNET TRANSMISSIONS BUT, DUE TO THE INHERENT NATURE OF THE INTERNET, CANNOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS.
9. Indemnification. User agrees to indemnify, hold harmless, and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, entity, partnership, organization, association or otherwise, arising out of or relating to: (a) this Agreement; (b) User's use of the Mobile App, including any data or work transmitted or received by User; and (c) any unacceptable use of the Mobile App, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable in Section 5.
a. Amendment. Company shall have the right, at any time and without prior written notice to or consent from User, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by e-mail at the address provided to Company by User or by requiring the User to accept an updated Agreement upon accessing the Mobile App. User's access to or use of the Mobile App after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.
b. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
c. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision shall be enforced to the maximum extent possible and the other provisions shall remain fully effective and enforceable.
d. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail or when sent by facsimile or e-mail to either parties' last known post office, facsimile or e-mail address, respectively. User hereby consents to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
e. Governing Law/Venue. This Agreement shall be construed and governed under and by the laws of the State of Illinois for contracts executed and to be performed within Florida. The parties agree that exclusive venue for any legal action relating hereto shall be in [insert] County, [jurisdiction], United States, and jurisdiction shall be vested in the [court] in and for [county] County, [jurisdiction], or the United States District Court for the [court] of [jurisdiction], as the case may be. The parties agree not to contest the venue set forth herein and to submit to, and not contest, the exercise of personal jurisdiction over them by any of the foregoing courts. The parties hereby waive all rights concerning the exercise of personal jurisdiction of them by the foregoing courts and all claims of or concerning forum non-conveniens in the foregoing forums.
g. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
g. Survival. The terms and provisions of sections 2, 3, 4, 5, 7, 8, 9, 10 and 11 shall survive any termination or expiration of this Agreement.
h. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Mobile App and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Mobile App.