Mobile Apps. Without limiting any restrictions set forth elsewhere in this XXXX, the License granted to you for any mobile app is limited to a non-transferable License to use the Software on any mobile device that you own or control. The Software is licensed, not sold, to you for use only under this XXXX. This license does not allow you to use the Software on any mobile device that you do not own or control, and you may not distribute or make the Software available over a network, or where it could be used by multiple devices at the same time. Without limiting any of the other restrictions set forth in this XXXX, you may not rent, lease, lend, sell, redistribute or sublicense the Software, and you will not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with any mobile apps). Any attempt to do so is a violation of the rights of Xxxxx and its licensors. If you breach this restriction or any other terms or conditions of this License, you may be subject to prosecution and damages. This XXXX will govern any upgrades provided by Xxxxx that replace and/or supplement the Software, unless such upgrade is accompanied by a separate license designated by Janus, in which case the terms of that separate license will govern. Janus does not guarantee that the Software will be available for, or function in connection with, all smart phones or other mobile devices. The additional content and services associated with the Software may also change at any time in Xxxxx’x sole discretion. In order to use the Software, you must also purchase an appropriate data plan from your wireless carrier and all fees charged by the Facility, if any. Xxxxx is not responsible for overages or for actions that your wireless carrier may take against you for using data in violation of your wireless carrier’s service terms.
Mobile Apps. Any Affiliate wishing to release mobile apps into the Apple, Google Play or other App stores must ensure that the App name does not include any Brand names or trademarks, or misspellings of Brand names. Any Affiliate found to have done so will be asked to remove the App immediately and may have its Affiliate account suspended and/or terminated.
Mobile Apps. Subject to the terms and conditions of this Agreement, Licensor grants Licensee a non-exclusive, non-transferable right to reproduce and internally use the Micro Focus Vibe mobile apps in connection with Licensee’s licensed use of Micro Focus Vibe 3.4, 4.0 (or subsequent version) or Licensee’s use of the Kablink Open Collaboration Platform (subject to compliance with the open source licenses applicable to Kablink). Licensee may not redistribute the Software. Third Party Components. Additional third party terms applicable to Licensee’s use of certain components of the Software are found below in the appendix attached hereto.
Mobile Apps. 14.3.1.1. User shall comply with all applicable sanctions, embargoes and (re-)export control regulations, and, in any event, with those of the European Union and the United States of America (collectively “Export Regulations”). In particular, the information, software and documentation provided by Siemens (collectively “Services”) shall not be used, accessed or transferred, unless permitted by the Export Regulations or respective governmental licenses or approvals, (i) in or to any location prohibited by or subject to comprehensive sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions of Ukraine) or license requirements according to the Export Regulations; (ii) by or to any individual or entity designated on a sanctioned party list of the Export Regulations; (iii) for any purpose prohibited by the Export Regulations (e.g. use in connection with armaments, nuclear technology or weapons); or (iv) to upload any content unless it is non-controlled (e .g. in the EU: AL = N; in the U.S.: ECCN = N or EAR99).
Mobile Apps. Subject to the terms and conditions of this Agreement, Novell grants You a non-exclusive, non-transferable right to reproduce and internally use the Novell Vibe mobile apps in connection with Your licensed use of Novell Vibe 3.4 (or subsequent version) or Your use of the Kablink™ Open Collaboration Platform (subject to compliance with the open source licenses applicable to Kablink). You may not redistribute the Software. Third Party Components. Additional terms applicable to Your use of the Software are found in the appendix attached hereto.
Mobile Apps. Licensee acknowledges that Licensee’s employees or users may have the ability to access some or all of the Software on mobile devices through applications specifically designed by HMH for distribution to such mobile devices. Licensee further acknowledges that prior to accessing Software through such an application, users may be required to agree to the terms of an agreement, license or terms of use associated with the use of any HMH-provided mobile device-based application (the “Mobile App Agreement”). Licensee agrees to accept all responsibility for violations of the terms of such Mobile App Agreements by Licensee’s users and employees.
Mobile Apps. Licensor grants Licensee a non-exclusive, non-transferable right to reproduce and internally use the Mobile App Software in connection with Licensee’s legally acquired licenses for the applicable Licensed Software.
Mobile Apps. The Mobile Apps shall conform to the following levels of performance, where it is within the control of UrbanThings to ensure such conformance: • Fully available with critical functionality for 99.5% of the time over the duration of the Term of this Agreement. • Total number of crashes of most recently updated version represents less than 5% of all sessions over a rolling 30 day period. • Average response time to user-initiated requests for Customer Service information and representations of Service Data to be less than 5000 milliseconds. • Shall function without critical defects in the current and previous generally released mobile operating systems. Customer Support UrbanThings shall aim to resolve support problems raised by the Customer during Business Hours through the appropriate channel in a timely manner. UrbanThings shall aim to respond in line with the following levels of service: Severity of problem First response Resolution Plan P1 – The ability to facilitate the supply of Customer Services is lost or severely degraded. A major component of the Applications, Mobile Apps or provision of Payment Processing Services is severely impacted. 1 hour 4 hours P2 – UrbanThings is able to facilitate the supply of Customer Services, however a major component of the Applications, Mobile Apps or Payment Processing Services is severely impacted. 2 hours 8 hours P3 - The Customer’s core business is unaffected, but the issue is affecting efficient operation by one or more people. The supply or core functionality of technical 4 hours 16 hours components of the Service may be impacted. P4 - The Customer’s core business is unaffected, but the issue is an inconvenience. There are clear workarounds or alternatives in place. 8 hours 16 hours P5 – The issue is a background or planned task and will be addressed when time permits or on the planned date. 3 days N/A Where resolution in these time frames is not possible, UrbanThings will resolve problems as soon as possible thereafter. Mobile App User Support Unless the Customer subscribes to a B2C support plan, Mobile App Users with support queries shall raise problems directly with the Customer in the first instance. The Customer shall process such queries and pass these on to UrbanThings only in cases where this is necessary for the resolution of the problem. (“Technical Escalation”) If the Customer subscribes to a B2C support plan, the provisions in this paragraph shall apply: UrbanThings shall accept support queries dir...
Mobile Apps. Customer acknowledges that Customer’s employees or users may have the ability to access some or all of the Software on mobile devices through applications specifically designed by HMH for distribution to such mobile devices. Customer further acknowledges that prior to accessing Software through such an application, users may be required to agree to the terms of an applicable Mobile App Agreement. Customer agrees to accept all responsibility for violations of the terms of such Mobile App Agreements by Customer’s users and employees.
