END USER’S LICENSE AGREEMENT
This EULA contains a Dispute Resolution and Arbitration Provision (as set forth below, “Provision”), including a Class Action Waiver that affects your rights under this EULA, with respect to “Disputes” (as defined below) you may have with myDevices. You may opt out of the binding individual arbitration and class action waiver as provided below.
The “Services” may include without limitation: all software used for the Services, including all files, disk(s), CD-ROM(s), DVDs, or other media that may relate to the Services, third-party computer information or software that myDevices has licensed for inclusion in the Services, written materials or files relating to the Services (“Documentation”), upgrades, updates and modified versions of the Services, if any (collectively, “Updates”).
INSTALLATION, ACTIVATION AND SUBSCRIPTION.
Unless otherwise expressly authorized, Licensee may only install and/or use the Services on the exact number of Devices permitted under Licensee’s subscription. To determine how many user/Device licenses you have purchased, Licensee should check the software packaging (if any) or Licensee’s order receipt or subscription. If you desire additional user/Device licenses for the Services, you may purchase them on the user portal at our website for the prices designated on such website. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Services. The Services contain technological measures that are designed to prevent its unlicensed or illegal use. The Services may contain enforcement technology that limits Licensee’s ability to install and uninstall it no more than a finite number of times, and for a finite number of Devices, to ensure that you comply with the terms of this EULA and do not exceed the maximum number of user/Device licenses you have purchased.
The Services may require activation as explained during installation and in any Documentation. Such activation may require that you submit a serial number and register an account with us. (Note that if you are installing a trial version of the Services, you may not need a serial number to activate it, but we may limit the length of time for which you may use the Services and/or the scope of the Services functionality.) If activation is required and not completed within the finite period of time set forth in any Documentation and/or explained during installation, then the Services will cease to function until activation has been completed, at which time functionality will be restored. If Licensee has any problem with the activation process, Licensee should contact myDevices customer support.
Licensee must obtain a subscription from myDevices in order to access and use the Services. Please consult your account or order receipt to determine your subscription. You may also check your subscription and renew your subscription by logging into your account at www.mydevices.com/login and navigating to your account profile.
If at any time the subscription to the Services becomes inactive, we reserve the right to limit or prohibit all use of the Services.
Licensee is solely responsible for all content on Licensee’s computer(s) and Licensee’s use and disclosure of all information regarding your account, log-in details and passwords, and any transmissions made when using the Services. Licensee’s use of the Services is subject to and you agree to comply with all of the terms set forth in this EULA and all applicable laws, rules and regulations. myDevices reserves the right to disable Licensee’s account or take any other action that myDevices in its sole discretion deems necessary or appropriate in the event that myDevices has reason to believe that Licensee’s conduct while using any of the Services has violated the terms of this EULA.
The Services require an internet connection to be available at all times or the Services may cease to function.
Licensee may only make one copy of any software delivered in connection with the Services for backup or archival purposes only, except that the Documentation may not be duplicated.
Licensee may not sell, assign, sublicense, rent, lease, lend or otherwise transfer the Services or the license granted by this EULA without prior written consent of myDevices.
The License granted by this EULA is non-exclusive. Licensee may not use the Services except as expressly permitted by this License.
(1) Licensee may not modify, alter, adapt or translate all or any portion of the Services;
(2) Licensee may not create any derivative works from all or any portion of the Services;
(3) Licensee may not reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services;
(4) Licensee may not use a previous version of the Services after receiving a media replacement or upgraded version as a replacement to a prior version (in such case you must destroy the prior version);
(5) Licensee may not use the Services in the operation of aircraft, ship, nuclear facilities, life-support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage;
(6) Licensee may not remove or obscure myDevices’s copyright or trademark notices, or the copyright and trademark notices of third parties that myDevices has included in the Services;
(7) Licensee may not use the Services to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement;
(8) Licensee may not to use the Services to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, Trojan horse, worm or other harmful or destructive component;
(9) Licensee may not delete from the Services or Documentation any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices;
(10) Licensee may not use the Services to interfere with or disrupt any networks;
(11) Licensee shall not use the Services (including any device manager or dashboard application contained in such Services) to access or use another user’s computer or device without such user’s express consent, with the intention of causing any damage or harm to such computer or device or its user, or for any other purpose unless permitted by this EULA or the Documentation for such Services;
(12) Licensee may not use the Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(13) Licensee may not use the Services to distribute any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature; and
(14) Licensee may not use the Services in any manner not authorized by this EULA.
Any Update provided to Licensee is made on a license-exchange basis such that Licensee agrees, as a condition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of any software related to Services. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, myDevices may cease support for prior versions, without any notice to Licensee.
myDevices may provide Updates to the content of its Services from time to time, including but not limited to, virus definitions, URL lists, rules, and updated vulnerability data. These types of Updates are collectively referred to as “Content Updates.” myDevices may, at its discretion and without notice, add, modify or remove features, including Content Updates, from the Services at any time.
Unless otherwise expressly agreed by myDevices, myDevices is not obligated by this EULA to provide Licensee with any technical support services relating to the Services; however, Licensee may order support services for an additional charge (or as otherwise expressly provided for in the Terms of Service or this EULA) as myDevices may offer from time to time.
DISPUTE RESOLUTION AND ARBITRATION.
This provision facilitates the prompt and efficient resolution of any Disputes that may arise between you and myDevices. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your Disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and myDevices (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
For the purpose of this Provision, “myDevices” means myDevices and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and myDevices regarding any aspect of your relationship with myDevices, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give myDevices an opportunity to resolve the Dispute. You must commence this process by mailing written notification to myDevices, Legal Department, 23801 Calabasas Road, Calabasas, California 91302. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If myDevices does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or myDevices may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to myDevices, Legal Department, 23801 Calabasas Road, Calabasas, California 91302. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with myDevices through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with myDevices. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or myDevices may initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because this EULA and the Services concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or myDevices may initiate arbitration in either Los Angeles, California or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, myDevices may transfer the arbitration to Los Angeles, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs. myDevices will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with myDevices as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and myDevices specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver. You understand and agree that by entering into this agreement you and myDevices are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and myDevices might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Review by Arbitrator. Any dispute regarding this Provision, including the enforceability of this Provision or the arbitrability of any Dispute as provided in this Provision, shall be for the arbitrator.
Continuation. This Provision shall survive the termination of your use of the Services and any related myDevices websites or services.
LIMITED WARRANTY ON MEDIA.
myDevices warrants that the media on which the Services is distributed (if any) will be free from material defects for a period of 30 days from the date the Services are is delivered to Licensee. If Licensee discovers a defect in the media during this 30-day period, Licensee may return the defective media to myDevices, and Licensee’s sole remedy is to have either the defective media replaced, or at myDevices’s sole option, a refund of the money that Licensee paid for the Services.
Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. myDevices HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THE QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATABILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE, SUPPORT, MAINTENANCE OR INFORMATION GIVEN BY myDevices, myDevices ‘S REPRESENTATIVES, AUTHORIZED SUPPORTERS OR OTHER USERS SHALL CREATE A WARRANTY. THE FOREGOING DISCLAIMERS SHALL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY myDevices AND/OR ANY OTHER USERS.
Limitation of Liability. myDevices SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL myDevices BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT myDevices HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. myDevices SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR TECHNOLOGY. IN ANY EVENT, myDevices’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IS YOUR RIGHT TO CANCEL YOUR ACCOUNT AND/OR SUBSCRIPTION. IN NO EVENT SHALL myDevices’S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO myDevices FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM, WHICHEVER IS LESS. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. YOUR RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, myDevices’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS SHALL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY myDevices AND/OR ANY OTHER USERS.
ADDITIONAL TERMS FOR BETA SOFTWARE.
If the Services that you use are pre-commercial release or “BETA” software (“Pre-release Services”), then, to the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section supersedes such conflicting term(s) and condition(s) as to the Pre-release Services, but only to the extent necessary to resolve the conflict.
Licensee acknowledges that the Pre-release Services do not represent the final product from myDevices, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, myDevices disclaims any warranty or liability obligations to Licensee of any kind whatsoever.
Licensee acknowledges that myDevices has not promised or guaranteed to Licensee that the Pre-release Services will be announced or made available to anyone in the future, and that myDevices has no express or implied obligation to Licensee to announce or introduce the Pre-release Services. myDevices may decide not to introduce a product similar to, or compatible with, the Pre-release Services. Accordingly, Licensee acknowledges that any research or development that Licensee performs regarding the Pre-release Services, or any product associated with the Pre-release Services, is done entirely at Licensee’s own risk.
During the term of this EULA, if requested by myDevices, Licensee will provide feedback to myDevices regarding testing and use of the Pre-release Services, including error or bug reports.
If Licensee has been provided the Pre-release Services pursuant to a separate written agreement, then Licensee’s use of the Pre-release Services is also governed by that agreement. Notwithstanding anything in this EULA to the contrary, if Licensee is located outside the United States, Licensee will return or destroy all unreleased versions of the Pre-release Services within 30 days of the completion of Licensee’s testing of the Pre-release Services if that date is earlier than the date scheduled for myDevices’s first commercial shipment of the publicly released (commercial) software.
Without limiting any of the above provisions, if within 90 days of the purchase from myDevices of any software for the Services or a subscription for the Services, you are not completely satisfied with the Services, return any software you may have purchased for the Services directly to myDevices or cancel your subscription (as provided for on the website for the Services) for your money back. To receive a full refund from myDevices if you have purchased software, you must return the product box with the UPC bar code still intact, disc(s), all print materials from inside product box and your original dated store receipt showing price paid (copy accepted). On a piece of paper, please provide your first and last name, address (including street, city, state and zip code), phone number, email address and a brief explanation as to why you are returning the product. Send materials via a traceable method to: Returns Department, myDevices, 15001 Meridian Parkway A, Riverside, CA, 92518. All returned packages are required to have a valid tracking number. In the event that a package gets lost or misplaced, myDevices can only credit customers who have a tracking number showing proof of delivery to myDevices. We recommend sending your package via U.S. Postal Service’s Media Mail Service and request Delivery Confirmation. A full refund will not be given if any of the aforementioned materials are not returned to myDevices. Return requests missing any of the aforementioned materials will be destroyed. Partial refunds will not be given. Shipping and/or handling charges for returned product will not be refunded by myDevices. Sales tax charged by retailer will not be refunded by myDevices. Sales tax charged for the Services purchased at www.mydevices.com is fully refundable. All refunds will be made via check. Refunds will not be given to accounts that have been canceled or suspended because of your breach of this Agreement.
Licensee shall not ship, transfer, or export the Services or any software therefor into any country or use the Services in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively the “Export Laws.”) If the Services or any software therefor is identified as export controlled items under the Export Laws, Licensee represents and warrants that Licensee, and Licensee’s employees who will use the Services and/or software therefor are not a citizen, or otherwise located within, an nation embargoed by the United States (including without limitation: Iran, Syria, Sudan, Cuba, Libya and North Korea), and that Licensee, and Licensee’s employees who will use the Services and the software therefor, are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Services and the software therefor are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws.
GOVERNING LAW, VENUE AND JURISDICTION.
This EULA is subject to, and will be governed by and construed in accordance with the substantive laws in force of the State of California. Except as provided in the “Dispute Resolution and Arbitration” Provision, any action arising under, relating to or connected with this EULA or the use of the Services will be filed only in an appropriate court located in Los Angeles County, California, and the parties irrevocably consent and submit to the exclusive personal jurisdiction of such courts for such purposes. This EULA will not be governed by the conflict of law rules of any jurisdiction, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
INTELLECTUAL PROPERTY OWNERSHIP.
The Services and any authorized copies of software that Licensee may make are the intellectual property of, and are owned by, myDevices, and by third parties whose intellectual property has been licensed by myDevices. The structure, organization, and code of the Services are the valuable trade secrets and confidential information of myDevices and such third parties. The Services are protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Licensee is not granted any intellectual property ownership rights in the Services.
RESERVATION OF RIGHTS.
myDevices reserves all rights not expressly granted to Licensee by this EULA. The license rights granted to Licensee are limited to myDevices’s intellectual property rights, and to the intellectual property rights of third parties licensed by myDevices. All rights are reserved under the copyright laws of the United States. myDevices; 15001 Meridian Parkway, Suite A; Riverside, CA 92518.
RELATIONSHIP OF PARTIES AND BINDING AGREEMENT.
No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party. You may not assign your rights or delegate any of your duties under this Agreement, and any attempted assignment or delegation will be void. This Agreement is binding upon the parties hereto and their successors, permitted assigns, heirs, executors and administrators (as applicable).
COMPLETE AGREEMENT and BINDING EFFECT.
This Agreement constitutes the entire agreement between the Licensee and myDevices relating to the Services, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating the Services. This Agreement is binding on and made for the benefit of the parties and their successors and permitted assigns.
This Agreement may only be modified, supplemented or amended by a writing signed by an authorized officer of myDevices.
Except as provided in the “Dispute Resolution and Arbitration” Provision, if any provision of this Agreement is determined 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.
No failure or delay by myDevices in exercising its rights or remedies under this Agreement or otherwise shall operate as a waiver unless made by myDevices’s specific written notice. No single or partial exercise of any right or remedy of myDevices shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
Without limitation of its other rights and limitations and exclusions of damages, myDevices will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of government, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes or other labor-related activity.
U.S. GOVERNMENT USERS.
The Services and its Documentation qualify as “commercial items,” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R.12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, myDevices will provide to the Government end user, the Services and its Documentation with only those rights set forth herein that apply to non-governmental customers. Use of the Services and its Documentation constitutes agreement by the Government entity that the Services and its Documentation are commercial, and constitutes acceptance of the rights and restrictions herein. The Services Contractor/Manufacturer is myDevices or its applicable licensors.
If Licensee breaches this EULA, and fails to cure any breach within 30 calendar days after request from myDevices, or myDevices’s authorized representative, myDevices may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease. Furthermore, upon termination, Licensee shall return to myDevices all copies of the software for the Services that it may have, or verify in writing that all such copies have been destroyed. We may monitor use of the Services from time to time to ensure compliance with this EULA.
THIRD PARTY LICENSES.
Apache Axis SOAP – Apache Software Foundation License
Copyright © 2000 – 2006 The Apache Software Foundation. All rights reserved.
The Services includes software developed at The Apache Software Foundation (http://www.apache.org/) and licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. The Apache License is installed in the main application installation folder with the filename Apache-2.0.txt. You may also obtain a copy of this License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Bzip2 – BSD License
The Services use version 1.0.6 of Bzip2. Copyright © 1996-2007 Julian Seward. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of Julian Seward nor the names of contributors to Bzip2 may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JULIAN SEWARD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
bspatch – BSD License
The Services use bspatch. Copyright © 2003 – 2005 Colin Percival. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted providing that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
UltraVNC – GNU General Public License
The Services use UltraVNC, which is remote access and control software. Copyright © 2008 UltraVNC. All rights reserved.
UltraVNC is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; version 2 of the License or any later version.
UltraVNC is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received or been given access to a copy of the GNU General Public License along with these Services. If not, you can obtain a copy of the GNU General Public License at www.gnu.org/licenses/gpl.
Guacamole – GNU Affero General Public License
The Services use Guacamole, which is clientless remote desktop software. Copyright © 2010 Michael Jumper. All rights reserved.
Guacamole is free software: you can redistribute it and/or modify it under the terms of the GNU Affero General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more details.
You should have received or been given access to a copy of the GNU Affero General Public License along with this program. If not, see <http://www.gnu.org/licenses/>.