MobileUX Technologies, Inc.

End User License Agreement

This End User License Agreement ("Agreement") is a legal agreement between you ("You," an individual and/or your company) and MobileUX Technologies, Inc. ("MOBILEUX") regarding use of the MOBILEUX APRROW™ software accompanying this License (the "Licensed Software"). IMPORTANT: THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IT CAREFULLY.  AFTER YOU READ THE FOLLOWING TERMS, YOU WILL BE ASKED WHETHER YOU ARE AUTHORIZED TO COMMIT YOURSELF AND/OR YOUR COMPANY TO ABIDE BY THE FOLLOWING TERMS.  DO NOT CLICK "I AGREE" UNLESS:
  1. YOU ARE AUTHORIZED TO AGREE TO THE TERMS OF THIS LICENSE ON BEHALF OF YOURSELF AND/OR YOUR COMPANY; AND
  2. YOU INTEND TO ENTER INTO THIS LEGALLY BINDING AGREEMENT ON BEHALF OF YOURSELF AND YOUR COMPANY.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS END USER LICENSE AGREEMENT, YOU MAY NOT VIEW, ACCESS, OR USE THE MOBILE UX APRROW™ SOFTWARE IN ANY MANNER WHATSOEVER.
  1. Title and Limited License Grant. 
    • Title.The Licensed Software is protected by copyright laws, international copyright treaties, and trade secret laws, as well as other intellectual property laws and treaties.  The Licensed Software is licensed, not sold, to You, and must only be used in accordance with the terms of this Agreement.  MOBILEUX retains title and ownership of the Licensed Software, including all intellectual property rights in the Licensed Software and all copies of the Licensed Software.
    • Limited License Grant. MOBILEUX hereby grants to You, subject to the terms of this Agreement, a limited, non-exclusive license to install, use, access, display, or run the Licensed Software. YOU ACKNOWLEDGE AND AGREE THAT THE SCOPE OF THE LICENSE GRANTED BY MOBILEUX IN THIS AGREEMENT IS LIMITED TO MOBILEUX INTELLECTUAL PROPERTY RIGHTS EMBODIED IN THE LICENSED SOFTWARE PROVIDED BY MOBILEUX TO YOU.  NO OTHER LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY OTHER MOBILEUX OR TO ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS IS GRANTED IN THIS AGREEMENT.
  2. Intellectual Property Rights. The Licensed Software contains copyrighted material, trade secrets and other proprietary information.  You may not (i) unlock, decompile, reverse-engineer, disassemble or otherwise translate the Licensed Software to human-perceivable form, (ii) modify or distribute the Licensed Software, in whole or in part, or (iii) create derivatives works based upon the Licensed Software in whole or in part, or (iv) electronically transmit the Licensed Software from one device or computer to another or over a network.  MOBILEUX reserves all rights not specifically granted under this Agreement, including but not limited to all rights under copyright laws and international copyright treaties.
  3. Warranties and Limitations.THE LICENSED SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”. WE TRY TO KEEP THE SOFTWARE BUG-FREE AND SAFE, BUT YOUR USE OF THE LICENSED SOFTWARE IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED MATERIALS MAY CONTAIN IRREGULARITIES AND DEFECTS. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT THE LICENSED SOFTWARE HAS NOT BEEN TESTED OR CERTIFIED BY ANY GOVERNMENT AGENCY OR INDUSTRY REGULATORY ORGANIZATION OR ANY OTHER THIRD-PARTY ORGANIZATION.  MOBILEUX MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND LACK OF NEGLIGENCE. MOBILEUX DISCLAIMS ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO THE LICENSED SOFTWARE OR YOUR USE OF SUCH SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOBILEUX OR MOBILEUX'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY IN ANY WAY.  IN NO EVENT SHALL MOBILEUX, OR MOBILEUX’S LICENSORS, BE LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING IN ANY WAY OUT OF THIS AGREEMENT, OR YOUR USE OF THE LICENSED SOFTWARE, WHETHER OR NOT MOBILEUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THESE EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COST OF REMOVAL OR REINSTALLATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OUTSIDE COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE OR INTERRUPTION OF BUSINESS OR OTHER ECONOMIC LOSS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS.
  4. Copyright Policy.
    • MobileUX Technologies, Inc. respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our User Agreement requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, MOBILEUX provides a process for submission of complaints concerning content posted by our Users, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.
    • MobileUX Technologies, Inc. will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile or header photo, allegations concerning the unauthorized use of a copyrighted video or image uploaded through our APRROW™ or other platforms containing links to allegedly infringing materials. Note that not all unauthorized uses of copyrighted materials are infringements (see more on fair use here: https://www.copyright.gov/title17/92chap1.html#107).
    • Please note that whether or not we disable access to or remove content, MOBILEUX may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that MOBILEUX has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content. If you believe in good faith that your copyright has been infringed, you may complete and submit a request at https://aprrow.com/dmca or otherwise provide a written communication which contains:
      • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      • A description of the copyrighted work that you claim has been infringed;
      • A description specifying the location on our website of the material that you claim is infringing;
      • Your email address and your mailing address and/or telephone number;
      • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

      Please submit your notice to MOBILEUX’s Copyright Agent at https://aprrow.com/dmca

      Or

      Mail to:

      MobileUX Technologies, Inc.

      Attn: Copyright Agent

      2770 Main St., Suite 142,

      Frisco, Texas 75033, United States

    • Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
  5. Privacy Policy.
    • At MOBILEUX, your privacy is very important to us.The purpose of this privacy policy is to provide you with a description of the types of information we collect about you when you visit and/or interact with the MOBILEUX APRROW™ software and/or its related internet and web components (collectively, the "MOBILEUX APRROW™ software"), and how we use that information.  By using the MOBILEUX APRROW™ software, you agree to the provisions of this privacy policy. If you do not agree to the terms of this policy, please do not use the MOBILEUX APRROW™ software.  This policy only applies to information collected while you are receiving services from MOBILEUX and/or on the MOBILEUX APRROW™ software.
    • Information We Collect. We collect and store personal information that you voluntarily provide to us as well as data related to your MOBILEUX APRROW™ software visit and usage.  Personal information is any information about you that is personally identifiable, such as your name, address, email address or phone number, and any other information that is not otherwise publicly available. In addition, during your use, we automatically collect certain aggregate information related to your MOBILEUX APRROW™ software use in order to provide better services to you and all of our users and subscribers.  Aggregate information is generally non-personally identifiable or anonymous information about you, including the date and time of your visit, your IP address, your mobile device or computer browser information, the Internet address that you visited prior to and after reaching the MOBILEUX APRROW™ software, your applications list, the name of the domain and host you used to access the Internet, and the features of our MOBILEUX APRROW™ software which you accessed.
    • Use of Cookies. Cookies are simple text files stored on your computer or mobile device for use by a browser when you visit a website.  Certain MOBILEUX APRROW™ software features may only be available through the placement of a cookie. We may use such cookies to assist in data collection and to track MOBILEUX APRROW™ software usage and trends to help us better serve you.  The use of cookies is a standard practice among Internet and software applications; most Internet browsers permit a user to accept, decline or delete cookies. This MOBILEUX APRROW™ software works with a first party cookie that collects anonymous traffic data at the MOBILEUX APRROW™ software.
    • How We Use Information. We use collected information to make available and to improve our high standard of reliable services.  We use such information to: respond to inquiries or service requests and monitor such responses; provide information about and market our products or services to you and/or third parties; resolve problems; identify trends; make suggestions regarding our products; and manage the MOBILEUX APRROW™ software and assess its usage.
    • Disclosure of Information. We do not sell or rent personally identifiable information to third parties who are not affiliates of MOBILEUX.  We may disclose personally identifiable information to appropriate affiliates of MOBILEUX, including strategic alliance affiliates and third party service providers, to respond to a request for service or to provide information about available products or services.  We may share non-personally identifiable information (this is information that is recorded about users so that it no longer reflects or references an individually identifiable user) with certain third parties including marketing partners, national industry organizations, and prospective affiliates.  In addition, we reserve the right to disclose aggregate information and personally identifiable information to third parties as required or permitted by law and when we believe that disclosure is necessary to protect our rights.
    • Apps Usage. In order to provide an enhanced user experience on our MOBILEUX APRROW™ software, we may collect and use usage data of your installed apps. Unless you provide consent, this data is collected anonymously in a form that does not personally identify you and is used by MOBILEUX to provide and improve products and services.
    • Location-Based Services. In order to provide location-based services on our MOBILEUX APRROW™ software, we may collect and use precise locational data, including the real-time geographic location of your mobile device. Where available, location-based services may use GPS, Bluetooth, and your IP address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your device’s approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you or the location address or name, and is used by MOBILEUX to provide and improve location-based products and services.
    • Contacts. In order to provide a better experience for sharing apps with people you know on our MOBILEUX APRROW™ software, we may collect and use your contact list as well as the name, email or phone number of the person with whom you shared your apps. The use of personally identifiable information will follow our Disclosure of Information rules.
    • Links and Redirection to Third Party Sites. The MOBILEUX APRROW™ software contains links to third party websites and may redirect you to third party websites ("Third Party Sites"). Third Party Sites are not under the control of MOBILEUX, and MOBILEUX is not responsible for such Third Party Sites, including without limitation the accuracy, sufficiency, correctness, reliability, veracity, completeness, or timeliness thereof, any link contained therein, or any changes or updates thereto. The inclusion or access to Third Party Sites does not imply an endorsement thereof by MOBILEUX, or of the provider of such content or services, or of any third party websites. MOBILEUX reserves the right to terminate any link or linking program at any time.  Please be aware that when you enter a third party website, any information you provide, including financial information, is subject to the terms of use and privacy policy of that site.
    • Effective Date; Policy Changes. Each time you use the MOBILEUX APRROW™ software, the current version of the policy will apply. Accordingly, when you use the MOBILEUX APRROW™ software, you should check the date of this policy (which appears at the bottom of the policy) and review any changes since the last version. We reserve the right to add to, change, update or modify this Privacy Policy at any time and without notice other than simply posting such changes, update or modification of the MOBILEUX APRROW™ software. Any such change, modification or update will be effective immediately upon posting on the MOBILEUX APRROW™ software website.
    • Contact Us. To contact us with your questions or comments regarding this policy or the information collection and dissemination practices of the MOBILEUX APRROW™ software, please email us at: info@mobileuxtech.com
  6. Termination.  This license is effective as of the date You click “I Agree” when receiving access to the Licensed Software.  Moreover, this Agreement automatically renews until terminated.  Without prejudice to any other rights, MOBILEUX may terminate your right to use the Licensed Software under this Agreement if you fail to comply with the terms of this Agreement.  Upon any expiration or termination of this Agreement, You shall cease any and all use of the Licensed Software, and shall destroy all copiesof the Licensed Software, including all portions and derivatives thereof.
  7. Governing Law, Jurisdiction and Severability.This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, U.S.A., without reference to that state’s conflict-of-laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, nor shall it be governed by the Uniform Computer Information Transactions Act.  Any dispute arising out of or related to this Agreement will be brought in, and each party consents to exclusive jurisdiction and venue in, the state and federal courts sitting in Collin County, Texas, U.S.A.  Each party waives all defenses of lack of personal jurisdiction and forum non-conveniens and agrees that process may be served on either party in a manner authorized      by applicable law or court rule.  If for any reason a court of competent jurisdiction finds any provision of the Agreement to be unenforceable, that provision will be enforced to the maximum extent possible to effectuate the intent of the parties and the remainder of the Agreement shall continue in full force and effect.
  8. Entire Agreement.  This is the entire Agreement between You and MOBILEUX and   supersedes any prior agreement between the parties related to the subject matter of this Agreement.  No amendment or modification of this Agreement will be effective unless in writing and signed by a duly authorized representative of MOBILEUX.  You hereby warrant and represent that You have obtained all authorizations and other applicable consents required empowering you to enter into this Agreement on behalf of yourself and/or your company for use the Licensed Software.
  9. Fees and Payment. You shall pay all fees specified at the time of purchase of the Licensed Software from MOBILEUX. All payments are non-refundable and shall be made in U.S. dollars.
All trademarks, service marks, and other proprietary materials herein are the property of MobileUX Technologies, Inc. 2017. All rights reserved.  This content was last updated December 18, 2018.