Mobile Joomla! Proprietary License Agreement
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY.THIS LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL OR, IF DOWNLOADED, PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY (“YOU” OR “LICENSEE”) AND KUNERI LTD. (“LICENSOR”) FOR MOBILE JOOMLA! PROPRIETARY SOFTWARE (“MJPS”) WHICH INCLUDES COMPUTER SOFTWARE, SOFTWARE CODE, GRAPHICS AND OTHER ELEMENTS SPECIFIED IN THIS AGREEMENT, ON KUNERI WEBSITES, AND/OR OTHER MEDIA WHERE MJPS IS AVAILABLE.
BY DOWNLOADING, COMPLETING THE SERIALIZATION PROCESS, OR INSTALLING, ACCESSING OR UTILIZING MJPS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED MJP AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE AND/OR INSTALL MJPS.
1. Definitions
“MJPS” means Mobile Joomla! Proprietary Software products, software, software code, document or any other attached, related, downloaded or viewed, in each case, supplied by Licensor with corresponding material in written, electronic or any other form, within a core and/or its (including but not limited to) extensions, components, modules, plugins, templates, language files, documents and each combination formed.
2. Ownership
MJPS is protected by the copyright laws of Finland, the European Union and other countries, and by international treaty provisions and other intellectual property laws. Licensor shall retain ownership in and to MJPS, the copies of MJPS provided herewith and in and to all other intellectual property rights, including without limitation trademarks, trade names and patents. MJPS is licensed (not sold) to You for use subject to the terms set forth in this Agreement.
3. Grant of License
Licensor hereby grants to You and You fully accept a personal, non-exclusive and non-transferable, revocable right to use MJPS within conditions defined in this Agreement. This license enters into force through aforementioned procedure and no title shall pass to You.
4. Obligations and Restrictions
You agree to give correct personal information as the user of MJPS and agree to use MJPS only for lawful purposes.
You agree not to distribute, sell, rent, lease, sublicense, redistribute, repackage or otherwise transfer the value of MJPS, whether 'as is', modified or bundled with any other software, for any other purpose allowed by the terms of this Agreement. You agree not to challenge Licensor’s rights in or otherwise attempt to assert any rights in MJPS, except those provided under this Agreement. You may however, manipulate MJPS for your own use to suit your own needs, within the terms of this Agreement.
MJPS may not be used in any way, which is harmful or otherwise offensive for the Licensor, it's users or any other third parties.
You agree not to use MJPS except as expressly permitted under this Agreement. Licensor shall have right to audit the use of MJPS for the compliance with these terms at any time, with a reasonable notice. In a case that You use MJPS in any other way than under the terms and conditions stated in this Agreement, You agree to compensate Licensor’s expenses related to such audit and any other liabilities you may incur in result of such non-compliance and license shall be deemed canceled, and You shall immediately stop using MJPS.
5. Privacy
Licensor is committed to the protection of privacy of the users of MJPS, as defined in Mobile Joomla! Privacy Policy.
6. Identification
Licensor may use Licensee’s name and logo for promotional and reference purposes, unless otherwise agreed.
7. No Warranty
To the maximum extent permitted by applicable law, except as provided above, LICENSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO MJPS, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, MJPS IS LICENSED “AS IS” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
LICENSOR SHALL HAVE NO RESPONSIBILITY IF MJPS HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF MJPS OTHER THAN RECOMMENDED.
You understand and acknowledge that Licensor will not be liable for network or device related problems or costs attributable to the operation of MJPS.
8. Proprietary rights and indemnification
As a condition to the right to use MJPS, You agree that You will not use MJPS to infringe the copyrights or other intellectual property rights of others in any way. You agree that any such infringement constitutes a material breach of this Agreement and would cause irreparable harm to Licensor. You agree that You will indemnify and defend Licensor against all liabilities, damages, claims, fines and expenses (including reasonable attorney's fees) arising out of any claim that You have infringed the copyrights or intellectual property rights of others.
9. Limitation of Liability
YOU EXPRESSLY AGREE THAT LICENSOR SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR COSTS ARISING OUT OF THE USE OR INABILITY TO USE MJPS, even if advised of the possibility of such damages in particular, and without limitation, Licensor shall have no liability for any data stored or processed with or in connection with MJPS, including the costs of recovering such data. Your only right or remedy with respect to any problems or dissatisfaction with MJPS is to uninstall and cease use of MJPS.
10. Support
Licensor shall have no obligation to provide support or maintenance for MJPS under this Agreement. However, Licensor may, at its sole discretion, provide limited technical support, upgrades and updates for MJPS. All possible upgrades and updates are provided to You on a license exchange basis. Upgrades and updates may be licensed to you by Licensor with additional or different terms.
11. Basis of disclaimers and limitations
The warranty disclaimer and limitations on damages set forth above are fundamental elements of the basis of the agreement between you and Licensor. Licensor would not be able to provide MJPS or related services to you on an economically reasonable basis without these limitations.
12. Termination
Your right to use MJPS continues until this Agreement is terminated. You may terminate this Agreement at any time by uninstalling all (and distributed) copies of MJPS. This Agreement will automatically terminate if You fail to comply with the material terms of this Agreement. Upon any termination, You agree to remove MJPS from Your devices, destroy all copies of MJPS. You may terminate this Agreement at any time by destroying MJPS and all copies and uses thereof. You will not be refunded any part of license fee, if any. Provisions of Sections No Warranty, Limitation of Liability and Termination shall survive any termination of this Agreement.
13. Severability
If any of the terms, or portions thereof, of this Agreement are invalid or unenforceable under any applicable statute or rule of law, the court shall reform the Agreement to include an enforceable term as close to the intent of the original term as possible; all other terms shall remain unchanged.
14. Whole Agreement
This Agreement constitutes the entire agreement between You and Licensor relating to the subject matter hereof.
15. Waiver
The waiver or failure of Licensor to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further or future right under this Agreement.
16. Assignability
This Agreement shall inure to the benefit of, and is freely assignable to, Licensor’s successors and assignees of rights in MJPS. Licensee has no right to transfer or assign this agreement.
17. Governing law and dispute resolution
This Agreement shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law rules. All disputes relating to MJPS and this Agreement shall be settled at District Court of Helsinki, Finland having the sole jurisdiction.
18. General
Kuneri reserves the right to make any change to this agreement without any notice.
The services hereunder are offered by Kuneri Ltd. located at PO 811, 00101, Helsinki/Finland and email hello(at)kuneri.com.
© Kuneri - Last reviewed February 2012