DEFINITIONS
mobileFX™ is a registered trademark which identifies Products and Services related to Wireless and Broadband Telecommunications, including but not limited to one or more of the following: Design and Development of Software Applications for wireless devices and mobile phones, Research and Development of Software Development Tools, Development Methodologies and Visual Designers for Wireless Software generation and porting to mobile platforms, Wireless Applications Development and Outsourcing, Consulting and Design of Service Solutions for Mobile and Broadband, Publishing of Mobile Content, Mobile Advertising Services, Mobile Polling and Voting Services, Mobile Marketing Campaign Services, SMS Services, Instant Win and Mobile Ticketing Services, Interactive Mobile SMS Campaign Management Services, Design and Development of Branded Advergames, Mobile Multimedia Applications Design and Implementation, Mobile Banking Applications Design and Implementation.
For this document, the term "mobileFX™" and derivatives such as "mobileFX" and "mobileFX.com" are legally equivalent to "Elias G. Politakis" owner of company mobileFX™ with Registration Number 066229640, as all the previously defined aliases are business aliases (trademarks) of Mr. Elias G. Politakis and his associates, also referred as the "mobileFX Team". Copyright (C) 2007, All Rights Reserved.
For this document, the term "mobileFX Software Product" and derivatives "Software Product", "Software", "Freeware", "Product", the term "mobileFX Service" and derivatives "Service" and "Site Service" and the term "mobileFX Web Site" and derivatives "Web Site" and "Site", collectively referred also as "Products and Services" and including one or more of the following: object code, source code, script code, dynamic link libraries, static libraries, header files, sample programs and files, utility programs, development tools, framework code, make files and scripts, methodologies, ontologies and philosophical entities, all together with the accompanying documentation, are property of mobileFX™ and are protected by European and U.S. Copyright laws and international treaties.
SUBJECT TO THIS AGREEMENT
This License Agreement is a LEGAL AGREEMENT between you, the CLIENT, and mobileFX™, for mobileFX™ Studio, a mobileFX™ Software Product (the "SOFTWARE") indented for COMMERCIAL USE, except if being used in Greece and Cyprus.
SOURCE CODE included in the SOFTWARE containing a mobileFX™ Copyright Statement, is NOT OPEN SOURCE; on the contrary, IT IS copyrighted intellectual property of mobileFX™ and you should not copy/use/publish/print or otherwise take advantage, as a whole or any part of it, except as set forth by this agreement.
EVALUATION
THE FOLLOWING DO NOT APPLY IF YOU HAVE A VALID LICENSE OF THE SOFTWARE. THE TERMS OF THIS PARAGRAPH AUTOMATICALLY APPLY IF YOUR STATUS CHANGES.
By installing this SOFTWARE, or exercising your rights to make and use copies of the SOFTWARE as may be provided for below, or by downloading the SOFTWARE from mobileFX™ web site, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, then DO NOT INSTALL or use the SOFTWARE .
mobileFX™ permits you to evaluate (use without owning) this SOFTWARE, for a limited time period and for the sole purpose of examining whether this SOFTWARE meets your needs. Once the evaluation period has elapsed, your are required to uninstall the SOFTWARE or purchase a LICENSE for using it from mobileFX™.
Subject to the restrictions contained in this Agreement, YOU MAY:
YOU MAY Use the SOFTWARE in order to explore its features. Purpose of that limited usage is to determine if the SOFTWARE can cover your needs;
YOU MAY If provided, study the source code, script code, framework code, samples and tutorials in order to evaluate the SOFTWARE and determine its structural integrity;
YOU MAY Use and modify the portions of the SOFTWARE that are identified in the documentation as the Sample Code ("SAMPLE CODE"), provided you do not distribute the SAMPLE CODE, or any modified version of the SAMPLE CODE;
YOU MAY Solely with the respect to electronic documents, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed beyond the licensee's premises;
YOU MAY Develop, if applicable, test projects incorporating dynamic linked libraries, static libraries, script code, samples, framework code of the SOFTWARE in order to evaluate the integration and / or collaboration of the SOFTWARE with your products and / or tools;
Notwithstanding any provisions in this Agreement to the contrary, YOU MAY NOT:
YOU MAY NOT Distribute in any manner the SOFTWARE, or portions of the SOFTWARE, including, but not limited to, dynamic link libraries, statically linked libraries, source code, script code, framework code and template code;
YOU MAY NOT Distribute applications for any purpose that are not OBFUSCATED (Compiled in Release Mode with Reverse Engineering Protection).
YOU MAY NOT Distribute Designers and Development Tools or Development IDE included in the SOFTWARE;
YOU MAY NOT Use, copy, modify, merge or compile all or any portion of the source code or object code of the SOFTWARE except as expressly provided in this agreement and additional agreements between you and mobileFX™;
YOU MAY NOT Make telecommunication transmittal of the SOFTWARE;
YOU MAY NOT Distribute any portion of the SOFTWARE or any derivative of any portion of the SOFTWARE in a commercial product, or otherwise in competition with mobileFX™ distribution of the SOFTWARE;
YOU MAY NOT Decompile, disassemble or reverse engineer any object code form any portion of the SOFTWARE;
YOU MAY NOT Expose the interfaces of the SOFTWARE through your application. (e.g. an OCX, DLL, class library, etc..);
YOU MAY NOT Rent or lease the SOFTWARE;
YOU MAY NOT Disclose any copyrighted source codes of the SOFTWARE to any person or entity;
YOU MAY NOT Port the SOFTWARE to any computer Operating System other the ones supported and/or required by the SOFTWARE;
YOU MAY NOT Develop products and/or services that incorporate either portions or entirely the SOFTWARE, including, but not limited to, dynamic link libraries, statically linked libraries, source code, script code, framework code and sample code;
YOU MAY NOT Trade applications or services developed by using portions of the SOFTWARE or the SOFTWARE itself.
SOFTWARE LICENSING FOR COMMERCIAL USE
THE FOLLOWING DO NOT APPLY TO EVALUATORS BECAUSE THE SOFTWARE IS NOT CONSIDERED TO BE LICENSED WHEN IT IS BEING EVALUATED. THE TERMS OF THIS PARAGRAPH AUTOMATICALLY APPLY IF YOUR STATUS CHANGES.
The term COMMERCIAL USE means that you have permission to use the software product for developing and trading COMMERCIAL APPLICATIONS. As COMMERCIAL APPLICATION for this agreement is defined a software application produced with the SOFTWARE that a) is sold directly or indirectly to third parties and/or to the END USER b) is promoting/selling/advertising commercial or government products or services c) is promoting/selling/advertising branded products or services.
This SOFTWARE, is owned by mobileFX™ and is protected by
Copyright laws and International Treaties. Therefore, you must treat the
SOFTWARE, like any copyrighted material (e.g., a book or musical recording)
except that you may make either (a) one backup copy of the SOFTWARE, solely for
backup purposes, or (b) transfer the SOFTWARE, to a hard disk and keep the
original copy solely for backup purposes.
By purchasing this SOFTWARE, you the CLIENT representing an individual or legal
entity, you obtain one or more LICENSE(S). A LICENSE ALLOWS YOU TO UNLOCK THE
SOFTWARE AND USE IT ACCORDING TO THE TERMS AND CONDITIONS DESCRIBED BY THIS
AGREEMENT. WHEN EVALUATING THIS SOFTWARE, YOU ARE NOT CONSIDERED TO HAVE SUCH
LICENSE. A LICENSE IS A TOKEN THAT YOU NEED IN ORDER TO UNLOCK AN INSTALLED
INSTANCE OF THE SOFTWARE ON A COMPUTER. EACH TIME YOU ACQUIRE A LICENSE, IT IS
DEDUCTED FROM YOUR PURCHASED LICENSES PACK AND AN ACTIVATION CODE IS GENERATED
THAT UNLOCKS THAT PARTICULAR INSTANCE OF THE SOFTWARE. THE ACTIVATION CODE IS
GENERATED BY MOBILEFX™ ONLY ONCE, FOR A SPECIFIC CUSTOMER NAME AND COMPUTER NAME,
AND IT IS AUTOMATICALLY DOWNLOADED BY THE SOFTWARE PRODUCT ITSELF AND UNLOCKS IT.
A LICENSE is bound to a Computer Name which allows you to re-install the
Software on the same workstation after a rebuild but limits you from installing
the Software to other computers. That means that any user inside the premises of
your company, organization or institute, can use a LICENSED mobileFX™ Software
Product installed on a computer, but in order to install the mobileFX™ Software
Product to another computer, even if it has the same name with a licensed
computer, you need to purchase another LICENSE. Site License, where available,
allows you to install the mobileFX™ Software Product to any number of computers
inside your site; a company with offices in several locations is considered to
have an equal amount of sites. If you have purchased such license you may do so. If you
wish to invalidate an Activation Code and install the mobileFX™ Software Product
to another computer, you must contact support@mobilefx.com.
A RELEASE COMPILATION LICENSE (RCL) is a license required for
compiling applications for commercial and / or profit use. For each application
developed with the SOFTWARE for commercial and/or profit use, you the CLIENT
must have an equal amount of RELEASE COMPILATION LICENSES (RCL).
MOBILEFX™ GRANTS TO YOU THE LIMITED RIGHT TO USE THE SOFTWARE IN THE MANNER SET
FORTH IN THIS AGREEMENT. IF INCLUDED, THE SOURCE CODE, SCRIPT CODE, FRAMEWORK
CODE AND TEMPLATE CODE OF THE SOFTWARE ARE VALUABLE ASSETS OF MOBILEFX™. YOU
AGREE TO KEEP ALL THE ABOVE SOURCES OF THE SOFTWARE IN CONFIDENCE. YOU MAY NOT
TRANSFER OR ASSIGN THE SOFTWARE OR YOUR RIGHTS UNDER THIS AGREEMENT.
Subject to the restrictions contained in this Agreement, YOU MAY:
YOU MAY Develop and trade applications tagged with a valid RCL.
YOU MAY Develop and offer applications to charities or for charities, as long as no profits and/or advertising of third parties is involved. Applications for charities do not require RCL.
Notwithstanding any provisions in this Agreement to the contrary, YOU MAY NOT:
YOU MAY NOT Develop and trade applications without a RELEASE COMPILATION LICESE (RCL).
YOU MAY NOT Develop applications using unlicensed mobileFX Frameworks and / or mobileFX Engines or other unlicensed mobileFX material, such as but not limited to source code, servers, libraries, methodologies, etc.
YOU MAY NOT Substitute mobileFX Frameworks and / or mobileFX Engines or other mobileFX source code provided by similar solutions provided by third parties.
YOU MAY NOT Distribute applications for any purpose that are not OBFUSCATED (Compiled in Release Mode with Reverse Engineering Protection).
YOU MAY NOT Distribute in any manner the SOFTWARE, or portions of the SOFTWARE, including, but not limited to, dynamic link libraries, statically linked libraries, source code, script code, framework code and template code;
YOU MAY NOT Distribute Designers and Development Tools or Development IDE included in the SOFTWARE;
YOU MAY NOT Use, copy, modify, merge or compile all or any portion of the source code or object code of the SOFTWARE except as expressly provided in this agreement and additional agreements between you and mobileFX™;
YOU MAY NOT Make telecommunication transmittal of the SOFTWARE;
YOU MAY NOT Distribute any portion of the SOFTWARE or any derivative of any portion of the SOFTWARE in a commercial product, or otherwise in competition with mobileFX™ distribution of the SOFTWARE;
YOU MAY NOT Decompile, disassemble or reverse engineer any object code form any portion of the SOFTWARE;
YOU MAY NOT Expose the interfaces of the SOFTWARE through your application. (e.g. an OCX, DLL, class library, etc..);
YOU MAY NOT Rent or lease the SOFTWARE;
YOU MAY NOT Disclose any copyrighted source codes of the SOFTWARE to any person or entity;
YOU MAY NOT Port the SOFTWARE to any computer Operating System other the ones supported and/or required by the SOFTWARE;
YOU MAY NOT Develop software products and/or services that incorporate either portions or entirely the SOFTWARE, including, but not limited to, dynamic link libraries, statically linked libraries, source code, script code, framework code and sample code;
YOU MAY NOT Trade applications or services developed by using portions of the SOFTWARE or the SOFTWARE itself.
UNLOCKING THE SOFTWARE
THE FOLLOWING DO NOT APPLY TO EVALUATORS BECAUSE THE SOFTWARE IS
NOT CONSIDERED TO BE LICENSED WHEN IT IS BEING EVALUATED.
mobileFX™ Software Products carry a Licensing Agent that connects to the mobileFX™ web site and downloads the Activation Code. For the Activation Code to be generated, downloaded and installed so that a mobileFX™ Software Product is unlocked, you must:
Have remaining Licenses in our customers Database. If no Licenses are found then the procedure fails.
Provide to the Licensing Agent the Name and email you used for purchasing the mobileFX™ Software.
Provide to the Licensing Agent the Activation Request Code you received after purchasing the mobileFX™ Software.
Let the licensing agent "read" the name of the Computer the mobileFX™ Software Product is installed.
Let the Licensing Agent transmit all that information to the mobileFX™ Licensing Manager located at the mobileFX™ web site.
The Licensing Manager will validate the transmitted information and generate instantly the Activation Code and transmit it back to the Licensing Agent for unlocking the Software.
All information transmitted or received by the mobileFX™ Licensing Agent is encrypted and in compliance with the mobileFX™ Privacy Policy. Namely, the mobileFX™ Licensing Agent does not scan your computer's hardware or software configurations, nor it scans for other mobileFX™ Software. It only "reads" the name of the computer and prompts you to enter the Name and the email you used when you purchased the License and the Activation Request Code. THAT AND ONLY THAT is the only private information transmitted by the Licensing Agent to mobileFX™ Licensing Manager.
If you own a LIMITED SOFTWARE LICENSE tagged with an expiration date, please expect the software to stop functioning after the expiration date of the license.
COLLECTION AND USING INFORMATION
All mobileFX™ Products and Services require Client Registration prior to usage or download, even for evaluation purposes. Though we have the outmost respect for your privacy, any communication or material you transmit to mobileFX™ by submitting information to our website, electronic mail or otherwise, is and will be treated as confidential. As a general rule, we will not sell, rent, or lease your personally identifiable information and will not disclose your personally identifiable information to others except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it. We use your personal information primarily to fulfill purchases and prizes, to track compliance with our Terms and Conditions, for research purposes or for marketing and promotional purposes.
INDEMNITY
You agree to defend, indemnify and hold mobileFX™, its affiliates and their officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys' fees, arising from or related to your actions by using mobileFX™ Services and/or Products.
WARRANTY DISCLAIMER
MOBILEFX™ WEB SITE AND ITS CONTENTS, MOBILEFX™ PRODUCTS AND MOBILEFX™ SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MOBILEFX™ EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. MOBILEFX™ DOES NOT WARRANT THAT MOBILEFX™ WEB SITE AND ITS CONTENTS, MOBILEFX™ PRODUCTS AND MOBILEFX™ SERVICES (A) WILL BE COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE, (B) WILL MEET YOUR REQUIREMENTS, (C) WILL BE FREE OF HARMFUL COMPONENTS, (D) THE SERVER THAT MAKES THEM AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION ACCESSED ON OR THROUGH MOBILEFX™ WEB SITE AND ITS CONTENTS, MOBILEFX™ PRODUCTS AND MOBILEFX™ SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATIONS OF LIABILITY
In no event shall mobileFX™ be liable for any damages whatsoever, including - but not restricted to - lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages, except to the extent invariable law, if any, provides otherwise. mobileFX™ clearly states that USER CONTENT, which is submitted by the USER, is not being processed or censored by our services and that content processing, when required, is automatic and not controlled by the human factor.
IN NO EVENT SHALL MOBILEFX™, ITS LICENSORS, OR ANYONE ELSE WHO HELPED CREATE, PRODUCE OR DELIVER THE MOBILEFX™ WEB SITE, MOBILEFX™ PRODUCTS AND MOBILEFX™ SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE MOBILEFX™ SITE, MOBILEFX™ PRODUCTS OR MOBILEFX™ SERVICES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF MOBILEFX™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOBILEFX™ TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS SHALL NOT EXCEED FIFTY EUROS (50€). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CUSTOMER LIABILITIES
It is stipulated in writing and agreed that you, the CUSTOMER, you are directly responsible and accept the responsibility of your actions for a) delivering information and content (USER CONTENT) to mobileFX™ and b) distributing USER CONTENT to third parties through mobileFX™ Web Site, mobileFX™ Products with Publishing Features and mobileFX™ Services. YOU, THE USER, ACCEPT THE RESPONSIBILITY FOR THE NATURE AND MEANINGS OF THE DELIVERED USER CONTENT AND YOU STATE THROUGH THIS AGREEMENT THAT YOUR USER CONTENT IS LEGAL, POLITICALLY CORRECT, ETHICAL AND MORAL, IT DOES NOT ATTACK OR AFFRONT ANY INDIVIDUALS, MINORITIES, RELIGION GROUPS OR ANY RELIGION, IT IS CONSISTENT WITH THE LAW, INTELLECTUAL PROPERTY RIGHT LAWS, COPYRIGHT LAWS, INTERNATIONAL TREATIES ON HUMAN RIGHTS, INTERNATIONAL TREATIES ON PORNOGRAPHY AND CHILD ABUSE, AND COPYRIGHT LAWS.
mobileFX™ cannot and shall not be held responsible for USER CONTENT delivered by the CLIENT, nor for any multimedia or other applications and files containing that USER CONTENT that where generated or compiled by mobileFX™ Products, mobileFX™ Services or mobileFX™ Web Site, and distributed to third parties, as a result of an ORDER by the CLIENT. The CLIENT accepts and ascends that will be held responsible for any charges or legal actions taken against mobile™ related with his/her USER CONTENT and/or the distribution relevant applications and files, generated under his ORDER, if any of these result to abuse to third parties.
FURTHER MORE, UNLESS YOU OWN A BRAND LICENSE (A LICENSE THAT REMOVES MOBILEFX LOGO FROM THE COMPILED APPLICATIONS) YOU MAY NOT PRODUCE APPLICATIONS THAT DIRECTLY OR INDIRECTLY HARM MOBILEFX REPUTATION AND POSSIBLY PROFITS (e.g. ADULT or PORN content, UNETHICAL content, etc).
JURISDICTION AND APPLICABLE LAWS
mobileFX™ home offices are in Greece (EU). mobileFX™ makes no representation or warranty that its products and/or services are appropriate or available for use in territories outside Europe. Access, downloading or using mobileFX™ products and/or services in territories where products and/or services are illegal is prohibited. You agree to comply with all laws, rules and regulations applicable to you for downloading or using mobileFX™ products and/or services, including, but not limited to, all European export control laws, rules and regulations. mobileFX™ does not authorize the transfer, by any means, of any mobileFX™ Software, Materials or Technical Data to any jurisdiction prohibited by the European export laws. You may not use, export or re-export mobileFX™ software products and/or services, or any copy/mirror or adaptation thereof, in violation of any applicable laws or regulations, including without limitation European export laws and regulations. If you choose to access mobileFX™ site or use mobileFX™ services and software products outside Europe, you do so on your own initiative and are solely responsible for any liability arising there from. You and mobileFX™ each agree to submit to the personal and exclusive jurisdiction of the courts located within Athens, Hellas.
TERMINATION
You agree that mobileFX™, in its sole discretion, may suspend or terminate its operation any of its products or services or your use of mobileFX™ products or services (or any portions thereof), and may remove and discard your USER CONTENT or other material you may have submitted to mobileFX™, for any reason. In the event you fail to comply with the Terms, your right to use mobileFX™ products and/or services, including the mobileFX™ web site, will automatically terminate. Upon any termination you agree to immediately and completely destroy all copies material downloaded form mobileFX™ web site or obtained by you indirectly from mobileFX™. You agree that mobileFX™ shall not be liable to you or any third-party for any termination of mobileFX™ products and/or services, termination of your access mobileFX™ products and/or services or any removal of any USER CONTENT you may have submitted to mobileFX™.
GENERAL
These Terms constitute the entire agreement between you and mobileFX™ and supersede and replace any prior agreements, whether written or oral, between you and mobileFX™ related to the subject matter herein. The failure of mobileFX™ to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and all other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to mobileFX™ products and/or services or otherwise arising out of or related to these Terms within one (1) year after such claim or cause of action arose. The section titles in these Terms are for convenience only and have no legal or contractual effect. The line spaces between the section titles are for your reading convenience.
COPYRIGHT STATEMENT
Any mobileFX™ material exposed by mobileFX™ products and/or services, including but not limited to, text, photographs, graphics, illustrations, video, sound, Software and other material (all such contents collectively referred to as "mobileFX™ Material") are protected under European, United States and international copyright laws and are the property of mobileFX™ or its third party licensors. All rights reserved. Except as expressly permitted herein, copying, distributing, transmitting, displaying, modifying, or otherwise using any Content in any form or by any means without the express written permission of mobileFX™ is prohibited and may violate the copyright laws of Europe and/or other countries. You may view, copy, print, and distribute this Web site subject to the following conditions: a) the site may be used for informational purposes only; b) the site may only be used for non-commercial, non-profit purposes and c) any copy of this Web site, or portion thereof, must include the following copyright notice: Copyright 2003-2008, mobileFX™, 52 Electras str, 17673 Kallithea, Greece. All rights reserved. Note that mobileFX™ retains all right, title and interest in and to all software, products, processes and technologies described or made available on mobileFX™ web site, and all intellectual property rights related thereto, and nothing shall be deemed to grant you any ownership or other rights therein.
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