IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
When using the service, you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which you are present while using the Service. By clicking the “Accept” button, you agree to be bound to the terms of this License. If you do not agree to the terms of this License, please do not use the Software.
Software. The software includes development tools, software programs and documentation.
License Model. The software is licensed on a per user, device, seat, line or channel basis, and/or on subscription.
Device. Means any mobile phone and/or wireless handheld device that allows users to use this software, and/or make calls and send text messages, among other features, including not limited to any similar digital device which currently exists or may exist as technology develops or such comparable items as technology develops.
Subscription. The Subscription provides you with access to the MOBI SOFTWARE and services and certain associated Subscription Benefits available through the respective authorized partners of Mobiva Sdn Bhd. Certain Subscription Benefits may require you to verify your eligibility on an annual basis in order to access them. When your Subscription concludes, you will no longer have access to certain Subscription Benefits, new activations or product keys; however, you may continue to use the software you obtained during your Subscription subject to the terms of this Agreement, unless explicitly written and agreed upon by Mobiva Sdn Bhd.
By receiving, opening the file package, and/or using MOBI SOFTWARE (“Software”) containing this software, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Mobiva Sdn Bhd, your use of MOBI SOFTWARE indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Mobiva Sdn Bhd grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use MOBI SOFTWARE in accordance with this Agreement and any other written agreement with Mobiva Sdn Bhd. Mobiva Sdn Bhd does not transfer the title of MOBI SOFTWARE to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Mobiva Sdn Bhd and the purchasers or users of MOBI SOFTWARE .
If you do not agree to be bound by this agreement, remove MOBI SOFTWARE from your device now and, if applicable, promptly return to Mobiva Sdn Bhd by mail any copies of MOBI SOFTWARE and related documentation and packaging in your possession.
MOBI SOFTWARE and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of MOBI SOFTWARE , contact Mobiva Sdn Bhd.
3 USER AGREEMENT
Your license to use MOBI SOFTWARE is limited to the number of licenses purchased or installed based on Mobiva Sdn Bhd’s Licensing Model. You shall not allow others to use, copy or evaluate copies of MOBI SOFTWARE .
3.2 Use Restrictions
You shall use MOBI SOFTWARE in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of MOBI SOFTWARE together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of MOBI SOFTWARE may be used on one single computer or device location by one user. Use of MOBI SOFTWARE means that you have loaded, installed, or run MOBI SOFTWARE on a computer or similar device. If you install MOBI SOFTWARE onto a multi-user platform, server or network, each and every individual user of MOBI SOFTWARE must be licensed separately.
You may make one copy of MOBI SOFTWARE for backup purposes, providing you only have one copy installed on one computer or device being used by one person. Other users may not use your copy of MOBI SOFTWARE. The assignment, sublicense, networking, sale, or distribution of copies of MOBI SOFTWARE are strictly forbidden without the prior written consent of Mobiva Sdn Bhd. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of MOBI SOFTWARE . If any person other than yourself uses MOBI SOFTWARE registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile MOBI SOFTWARE . Nor can you create any derivative works or other works that are based upon or derived from MOBI SOFTWARE in whole or in part.
Mobiva Sdn Bhd’s name, logo and graphics file that represents MOBI SOFTWARE shall not be used in any way to promote products developed with MOBI SOFTWARE. Mobiva Sdn Bhd retains sole and exclusive ownership of all right, title and interest in and to MOBI SOFTWARE and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of MOBI SOFTWARE , products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Mobiva Sdn Bhd.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Mobiva Sdn Bhd, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of MOBI SOFTWARE.
In no event (including, without limitation, in the event of negligence) will Mobiva Sdn Bhd , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, MOBI SOFTWARE or the use or inability to use MOBI SOFTWARE or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Mobiva Sdn Bhd’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Mobiva Sdn Bhd) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Mobiva Sdn Bhd.
In addition to the preceding clause, in the event that there is remaining credit purchased by you residing in the MOBI SOFTWARE customer account, the equivalent value of the remaining credit will be reimbursed back to the customer.
Except as expressly stated in writing, Mobiva Sdn Bhd makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the laws of Malaysia without reference to its conflict of law principles. The parties specifically agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
3.7 Dispute Resolution
The Parties irrevocably agree that the proper venue for all legal actions arising under this Agreement shall be Malaysia. Mobiva Sdn Bhd may choose to submit any claim, dispute or controversy or part of it whether resulting from a claim in contract, tort or otherwise arising out of or relating to this Agreement to confidential, final and binding arbitration by the Kuala Lumpur Regional Centre for Arbitration in accordance with its then existing rules and procedures before a single neutral arbitrator in the English language and the Vendor hereby agrees to such election.
The costs of the arbitration, including legal fees, shall be determined by the arbitrator.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of MOBI SOFTWARE and destroy all copies of MOBI SOFTWARE supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4 DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY MOBI SOFTWARE AS WELL.
5 CONSENT OF USE OF DATA
You agree that Mobiva Sdn Bhd may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to MOBI SOFTWARE . Mobiva Sdn Bhd may also use this information to provide notices to you which may be of use or interest to you.