MOBILEFX SOFTWARE END-USER LICENSE AGREEMENT

ATTENTION: YOU MAY NEED TO SCROLL DOWN TO THE END OF THIS AGREEMENT BEFORE YOU CAN AGREE TO THE AGREEMENT 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 AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY MOBILEFX HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

Definitions

  1. "Software" or "mobileFX Software" is a bundle of (i) mobileFX Component (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.
  2. "mobileFX Component" is the portion of mobileFX Software required in order for the End User Desktop Application to operate on hardware on which mobileFX Software itself is not resident. For the scope of this agreement the named mobileFX Software is WebKitX CEF3 ActiveX, that can be downloaded from https://www.webkitx.com. WebKitX ActiveX wraps Chromium Embedded Framework (CEF3) for use with OLE/COM languages and implements technologies for inter-process communication between mobileFX ActiveX and Chromium Embedded Framework. The wrapping consists of: (i) an ActiveX Control created and owned entirely by mobileFX and (ii) an out-of-process executable that wraps Chromium Embedded Framework obtained from http://opensource.spotify.com/cefbuilds/index.html. For the scope of this Agreement, only OLE/COM wrapper is offered and supported as a product by mobileFX.
  3. "Third Party" for the scope of this agreement is Chromium Embedded Framework (CEF3) of which a precompiled publicly available version of CEF3 is bundled with the mobileFX Software in order to demonstrate how CEF3 binaries should be copied alongside mobileFX Software. CEF3 is a BSD-licensed open source project based on the Google Chromium project. mobileFX does not sell you Chromium Embedded Framework binaries or other 3rd party software.
  4. "End User Desktop Application" means an output file, typically a software application executable developed and generated by you, which contains the mobileFX Software.
  5. "End User" is Customer’s clients, operators or agents: any person within the Customer’s operational environment that will use mobileFX Software.
  6. "Not-For-Resale (NFR) Version" or "Trial Version" means a version, so identified, of mobileFX Software to be used to review and evaluate mobileFX Software, only.
  7. "mobileFX" means mobileFX Studio Ltd and its licensors, if any.
  8. "Perpetual Commercial License for Desktop Application Development" or "Commercial License": a single Commercial License allows developing an unlimited number of Windows Desktop Applications linked with mobileFX Software and distribution of those applications to an unlimited number of end-user desktop computers. Customer is required to obtain one license per Developer Workstation and Build Server. The license is perpetual and is validated OFF-LINE with a License Key that must be hard-coded in Customer’s software sources or with a License File that must be distributed along with the End User Desktop Application. Commercial License explicitly excludes non-desktop application development such as Terminal, Virtual and Embedded applications.
  9. "Developer UUID": our licensing policy requires each Developer Workstation and Build Server in your environment to be licensed with an equal amount of Commercial Licenses. To satisfy this agreement we ask you to bind your Commercial License with every Developer Workstation and Build Server. mobileFX Software generates a hash of your Developer Workstation or Build Server that consists of your computer name and hashes of hardware devices such as your hard disk, motherboard, etc. This hash is the Developer UUID and each computer has a unique hash. Validation of the computer takes place ONLY when you are at design-time, that is when you use mobileFX Software from your IDE like Visual Studio, Visual Basic, Delphi, etc. Validation of the Developer Workstation NEVER takes place at runtime, so in other words it never takes place when your software runs in end-user computers. Our Developer UUID hash is future proof, meaning that if you need to upgrade faulty components of your Developer Workstation or Build Server, such as the Hard Disk, then as long as 4 out of 6 Developer UUID hashes remain the same, you are entitled to quest a new Workstation Activation code.
  10. "Subscription-based Commercial License for Terminal Software Development" or "Terminal License": complementary to Perpetual Commercial License for Desktop Application Development is subscription-based Terminal Licensing. Terminal Licensing is required if-and-only-if an application linked with mobileFX Software is deployed on Windows Embedded operating systems, or deployed through Terminal Services, or Virtual Appliances. Terminal services include any remote session such as Remote Desktop, Citrix Clients and Terminal Server Clients, and any Virtualization container such as VMware, Virtual Box, VSphere, Docker, Parallels, etc. The term Terminal applies to distinct terminal client devices and not distinct terminal end-users. mobileFX Software has API properties that can be used to determine if such licensing is required on the target device prior to purchase. The same Terminal License will work for operating system changes or upgrades as well as hardware and software changes or upgrades. The same Terminal License will work when changing between Citrix and other terminal services such as Remote Desktop. The Terminal License is not end-user-bound and any end-user can use the same terminal. Terminal License issuing, duration, expiration and volumes depend on commercials negotiated with mobileFX prior to Terminal License generation and are not governed by this Agreement.
  11. "Terminal UUID" similarly, our licensing policy requires each Terminal Network to be licensed with an equal amount of Terminal Licenses. To satisfy this agreement we ask you to bind your Commercial License with every Terminal. mobileFX Software generates a distinct hash for each Terminal that consists of the Terminal name and hashes of hardware devices such as your hard disk, motherboard, etc. This hash is the Terminal UUID and each computer terminal has a unique hash. Validation of the Terminal License takes place every time a Terminal is detected: (i) ON-LINE per Terminal with transmission of the Terminal UUID to our license server, available to Customers with Standard Licensing terms; or (ii) OFF-LINE per Terminal with an encrypted License File, available to Customers with Standard Licensing terms; or (iii) OFF-LINE with a wildcard Terminal License Key, available to Customers with Professional Licensing terms; or (iv) OFF-LINE with a wildcard Terminal License Key, available to Customers with Enterprise Licensing terms. Our Terminal UUID hash is future proof, meaning that if you need to upgrade faulty components of a Terminal, such as the Hard Disk, then as long as 4 out of 6 Terminal UUID hashes remain the same, you are entitled to quest a new Terminal Activation code.
  12. "Hot Fixes" is an amendment in mobileFX Software that when compiled produces a minor-version product upgrade. Hot Fixes are offered only for mobileFX Component and not for third party software such as Chromium Embedded Framework.
  13. "Critical Incidents" are incidents where (i) mobileFX Software cannot run on any one of the target operating systems, (ii) mobileFX Software crashes during the execution of any of the expected scenarios, (iii) mobileFX Software does not respect the configuration provided, (iv) mobileFX Software cannot be deployed.
  14. "Bugs" is any logical, or functional, or security defect in mobileFX Component that can be treated with a Hot Fix. mobileFX Component Bugs are treated at mobileFX's discretion and prioritization normally on following minor releases. Treating Bugs with priority or treating Bugs causing Critical Incidents is subject to support commercials.
  15. "Support Request - SR" is any request for support or training placed by the Customer that mobileFX has competences to serve. For the scope of this Agreement, SRs are any requests for consultation related to: (i) integrating mobileFX Software with COM enabled programming languages Visual Basic 6.0, Delphi, Visual Studio 2015/2017/2019, (ii) HTML5 and CSS3 consultation, (iii) WebGL consultation, (iv) mobileFX Software API consultation, (v) mobileFX Software packaging and deployment consultation, (vi) mobileFX Software configuration for operation within Embedded Operating Systems, (vii) Remote Terminals and Terminal Servers and Virtual Appliances. SR are subject to support commercials.
  16. "Change Request – CR" is any request for the design and implementation of new features in mobileFX Software’s Application Programmable Interface (API) including: (i) implementation of proprietary API as per Customer’s functional specifications, (ii) integration with peripherals such as printers, scanners, etc. as long as peripheral hardware and SDKs are provided by the Customer, (iii) CEF3 security updates with commit identifier bf8cff2 or later, (iv) integration of mobileFX Software with different version of CEF3 with commit identifier bf8cff2 or later, (iv) Critical Functional Updates. CEF3 commit identifiers for version 71.3578.1860 are in https://bitbucket.org/chromiumembedded/cef/branch/3578. CR are subject to support commercials.
  17. "HMRC" is Her Majesty's Revenue and Customs, is a non-ministerial department of the UK Government responsible for the collection of taxes, the payment of some forms of state support and the administration of other regulatory regimes including the national minimum wage. UK companies doing business overseas are bound to currency exchange rates as defined by HMRC at the following web site address:
    https://www.gov.uk/government/publications/hmrc-exchange-rates-for-2020-monthly
  18. "Service Hours & Business Days" is mobileFX’s working business and service hours at GMT+0 time zone. Those are from 09:00 AM to 17:00 PM from Monday to Friday, excluding Bank Holidays.

License Grants

The license of mobileFX Software is subject to the terms and conditions set forth in this Agreement:
  1. You may install and use the licensed mobileFX Software for DEVELOPMENT PURPOSES to any number of Developer Workstations or Build Servers within your premises; OR install and store the licensed mobileFX Component on a storage device, such as a network server, used only to install the licensed mobileFX Component on your other developer workstations over an internal network.
  2. Except solely for purposes of installing the licensed mobileFX Software on Customer’s developer workstations and build servers as described above, the licensed mobileFX Software may be used in Customer’s PRODUCTION ENVIRONMENT, including QA, sandbox and staging environments, and accessed via a server or network storage device, including without limitation through Citrix and Citrix-type environments, Remote Desktops, Virtual Appliances or Embedded operating systems.
  3. The intended use of a licensed mobileFX Software is to be used by the Customer for developing an unlimited number of End User Desktop Applications for commercial use within Customer’s premises and operations network. To avoid any conflict of interest, mobileFX prohibits you from using mobileFX 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.
  4. You may make any number of copies of the licensed mobileFX 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 licensed mobileFX Software. You may not sell or transfer any copy of the licensed mobileFX Software made for backup purposes. A license for the mobileFX Software may not be shared, installed or used on third party computers. Subject to the terms and conditions set forth in this Agreement, you shall not have more than one installation of the licensed mobileFX Software on any single production computer.
  5. In addition, you may make copies of your End User Desktop Applications and the associated mobileFX Component, and distribute those copies; provided, however, that: (i) the mobileFX Software may not be distributed or used other than as bundled with the output executable as part of the End User Desktop Application, and (ii) you shall require each party to whom the End User Desktop Application is distributed to agree that no title to, or ownership rights in the mobileFX Software are transferred and that the End User Desktop Applications, including the mobileFX Software, shall not be reverse compiled or disassembled.
  6. You agree that mobileFX may audit your use of mobileFX Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of mobileFX Component 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.
  7. Your license rights under this Agreement are non-exclusive.
  8. Mandatory Product Activation: the Commercial License rights of mobileFX Software granted under this Agreement are perpetual for Windows Desktop Application development and distribution; upon installation of mobileFX Software, the Customer must supply information required for activating all developer workstations and build servers within thirty (30) days.
  9. No Terminal License rights are granted under this Agreement.
  10. There are technological measures in mobileFX Software that are designed to prevent unlicensed or illegal use of mobileFX Software. You agree that mobileFX may use those measures and you agree to follow any requirements regarding such technological measures.

License Restrictions

  1. You may not alter, merge, modify, adapt or translate mobileFX Software, or decompile, reverse engineer, disassemble, or otherwise reduce mobileFX Software to a human-perceivable form.
  2. Unless otherwise provided herein, you may not rent, lease, or sublicense mobileFX Software. Unless otherwise provided herein, you may not use mobileFX Software beyond the evaluation period granted by this Agreement. You may not use mobileFX Software beyond the commercial duration granted by its commercial licensing.
  3. Unless otherwise provided herein, you shall not (i) install or use more than one copy of the Not-For-Resale (NFR) version of the mobileFX Software, (ii) alter the contents of a hard drive or computer system to enable the use of the Not-For-Resale (NFR) version of mobileFX Software for an aggregate period in excess of the trial period, (iii) disclose the results of software performance benchmarks obtained using the Not-For-Resale (NFR) version to any third party without mobileFX's prior written consent, or (iv) use the Not-For-Resale (NFR) version of mobileFX 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 Not-For-Resale (NFR) version of the Software for any commercial or training purpose.
  4. License generation is based on a verified email address provided during purchase. This email address cannot be changed and license generated for this email is non-transferable to another email.
  5. You may only use the Not-For-Resale (NFR) Version of the Software to review and evaluate the Software.
  6. 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.
  7. 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 Software and could pose/become competitor of mobileFX business.
  8. In the event that you fail to comply with this Agreement, 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 Agreement surviving any such termination).

Upgrades

  1. For the duration of this agreement, Customer will be entitled to free minor-version upgrades of his last licensed major-version as per its life-time and for duration equal to life-time of the licensed major-version. Each major-version has a life-time of two (2) fiscal years.
  2. Major-version upgrades are not free nor any discounts are granted nor promised by this Agreement.
  3. Customer shall have the option to upgrade at his discretion. If customer chooses to upgrade at any time, then secures free minor-version upgrades for the life-time of the upgraded licensed major-version.
  4. Support of previous major-versions beyond their life-cycle is not applicable.
  5. mobileFX estimates at least one major-version release per year. Estimation is not a commitment. More frequent minor-version upgrades will be issued with security fixes and bug fixes at mobileFX’s discretion. Hot Fixes are backlogged and normally are fixed on the next month’s release. Hot Fixes are offered only for mobileFX Software and not for third party software such as Chromium Embedded Framework.
  6. mobileFX estimates to update Chromium Embedded Framework once per year. Estimation is not a commitment.
  7. If this copy of mobileFX Software is an upgrade from an earlier version of mobileFX Software, you must possess a valid license of the earlier version of mobileFX Software. You may continue to use the earlier version of mobileFX Software to which this upgrade copy relates 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; (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.
  8. It must be made absolutely clear that upgrading and using mobileFX Software binds you to the terms and conditions of upgraded version License Agreement. Any terms and conditions of the previous license agreement of earlier versions are replaced by the terms and conditions of latest version. This also means that (i) any privileges, offers or discounts received by the earlier version will no longer be offered by the upgraded version, unless otherwise noted and likewise, (ii) and new privileges, offers or discounts available to the new version do not apply to previous versions.

Limited Support

  1. For the duration of this agreement, Customer can apply for bounty-based support for Support Requests (SR) and Change Requests (CR) at time-and-material fixed man-hour rate. mobileFX reserves the right to refuse any SR or CR for any reason and the service is provided with an "if-possible" condition decided by mobileFX and mobileFX only. Support is offered ONLY to customers with Licensed mobileFX Software.
  2. Change Requests are performed on the latest published minor-version, they cannot be performed for previous minor-versions and customization and/or extensions are implemented as long as they do not require source code branching and maintain binary compatibility with other customers.
  3. SRs and CRs require prior communication by email in order to be arranged and depend on mobileFX engineer’s availability at the time of request. Minimum effort for support request is two (2) man-hours at 100 GBP hourly rate. For serving Change Requests the following professionals are engaged and their man-hours are accumulated: (i) Project Manager, (ii) Senior Software Engineer, (ii) Test Engineer. Minimum effort for change request is eight (8) man-hours at 100 GBP hourly rate.
  4. Requesting mobileFX for support even without prior arrangement still binds you to Support terms and mobileFX reserves the right to request compensation by invoicing you according to the Limited Support terms and rates of this Agreement.

Ownership

  1. 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 Agreement, including Federal and International Copyrights, are reserved by mobileFX and its suppliers.

LIMITED WARRANTY AND DISCLAIMER

  1. 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".
  2. 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.
  3. 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.
  4. 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.
  5. Warranty of Anti-Virus Screening: mobileFX warrants that mobileFX Software, as delivered to Customer, shall be free of any computer virus. For purposes of this Agreement, "computer virus" shall be defined as any harmful programs(s) or data incorporated into mobileFX Software that disrupts the proper operation of Customer’s equipment or software.
  6. Warranty of Non-Impairment: mobileFX represents and warrants mobileFX Software, as delivered to Customer, will not impair in any way Customer's operation as long as mobileFX Software bares the necessary valid licenses and used as set forth by this Agreement.
  7.  mobileFX warrants the delivered mobileFX Software and any and all future enhancements of mobileFX Software will operate as specified in the Documentation or other written description provided by mobileFX and shall meet the specifications as advertised on mobileFX web site and product page. 
  8.  mobileFX warrants owns all intellectual property and proprietary rights of mobileFX Component and has the right to provide Customer with the services and mobileFX Software according to the terms of this Agreement. 
  9.  mobileFX shall perform all Services in accordance with the specifications described in the Agreement and in a good and workmanlike and safe manner, in accordance with the professional standards currently applicable to the subject matter, with due regard to ethical business practices and legal requirements.

No Refund Policy

  1. 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.

LIMITATION OF LIABILITY

  1. 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.
  2. MOBILEFX'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO 50 BRITISH POUNDS ONLY.

Basis of Bargain

  1. 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.

Consumer End Users Only

  1. The limitations or exclusions of warranties and liability contained in this Agreement 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 Agreement shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

Third Party Software

  1. 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 Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.

General

  1. This Agreement 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 Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. This Agreement 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 Agreement or upon any breach of this Agreement 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 Agreement unless such amendment is in writing and signed by a duly authorized representative of mobileFX. If any provision of this Agreement 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 Agreement will remain in full force and effect. All questions concerning this Agreement 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 Agreement 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: info@mobilefx.com