Beta Terms of Service
LICENSE AND SERVICE AGREEMENT
Last modified: April 7, 2008
YOU SHOULD CAREFULLY READ THE FOLLOWING
TERMS AND CONDITIONS BEFORE USING THE AppClix BETA SOFTWARE. MOBILE VISIONS,
INC. (“MOBILE VISIONS”) IS ONLY WILLING TO PROVIDE THE PRE-RELEASE LICENSE AND SERVICE
TO YOU UNDER THESE TERMS AND CONDITIONS. ANY USE OF THE SERVICE WILL SIGNIFY YOUR
AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS, DO NOT PROCEED.
Pre-Release License and Service
Agreement for the AppClix Mobile Application Analytics Service (the “Agreement” or “LSA”) are additional to
Mobile Visions Terms of Service (the “TOS”) and Privacy Statement. The LSA lays
out the specific terms for the Pre-Release License and Service program made available
through Mobile Visions, as defined below. By accepting this LSA You further confirm
Your acceptance of the TOS and Privacy Statement (the “Agreements”), and understand
that all terms in such Agreements shall apply also to this LSA. You must be 18 years
old or older to use AppClix
This is an agreement between you
and Mobile Visions (located at 103 Carnegie Center, Suite 300, Princeton NJ 08540)
regarding your use of the pre-release version of the Mobile Visions Analytics analytics service and any associated documentation, software code or other materials
made available by Mobile Visions (collectively referred to in this agreement as
As part of the Service, Mobile Visions supplies a proprietary code snippet. This code snippet is installed within an application for
the purpose of collecting mobile application traffic and audience data. Various APIs
are also provided for greater control over the gathering or displaying of data.
Together with any fixes, updates and upgrades provided to you this is collectively
known as, the AppClix Tracking Code & API. This agreement applies to
any updates, supplements or support services for the Service, unless other terms
accompany those items. If so, those
other terms apply.
Mobile Visions shall have sole
authority and discretion to determine the period of time for testing and evaluation
of the Service.
Mobile Visions shall be the
sole judge of the success of such testing and the decision, if any, to offer the
Service as a commercial service. License shall have no obligation to acquire a subscription
to use the Service released as a commercial service.
By installing, accessing or otherwise
using the Service, you accept the terms of this agreement.
If you do not agree to the terms of this agreement, do not install, access
or use the Service. If you comply with this agreement, you have the rights below.
1. Use of This Service
Under the terms
of this agreement, Mobile Visions allows you to access and use the Service using
the Mobile Visions–supplied Script solely for the purpose of receiving Mobile Application Analytics
("Your Applications"), provided that if you are an active AppClix member. As
part of the Service, Mobile Visions may provide you with account access to online
reporting systems to access, view and use a variety of online web analytics reports
for Your Applications. You may use such
reports solely for your internal business purposes.
You must protect any passwords or other credentials associated with your
account(s) for the Service, and take full responsibility for any use of the account(s)
under your password.
of your use of the Service, you agree to: a) provide true, accurate, current, and
complete information about yourself as prompted by the Beta Registration Process;
and b) maintain and promptly update your Beta Registration data to keep it true,
accurate, current, and complete. If you provide any information that is untrue,
inaccurate, not current, or incomplete, or if Mobile Visions has reasonable grounds to suspect that such information
is untrue, inaccurate, not current, or incomplete, Mobile Visions has the right to terminate your Beta Membership and refuse
current or future use of the Beta Service.
You are permitted to reproduce
and include copies of the Script within the Source Code of your Application solely for the purposes of receiving the Service but only so long as:
You do not use the Script to collect
or supply to the Service any
personally identifiable information
("PII") regarding the users of Your
You do not modify the Script in any manner not authorized
Mobile Visions in the technical
requirements and instructions for the Script;
You do not include the Script in any applications that are
deceptive, or unlawful;
You comply with all technical requirements and instructions
Visions for the Script;
You indemnify, defend, and hold harmless Mobile Visions
from any claims, including attorneys' fees, related to Your Applications; and
You do not incorporate or distribute the Script so that
of it becomes subject to a license
that requires that the Script be
disclosed or distributed in source code form or be modifiable
by others it.
3. Scope of License
The Service (including the Script)
is licensed, not sold. This agreement
only gives you some rights to access and use the Service.
Mobile Visions reserves all other rights. Unless
applicable law gives you more rights despite this limitation, you may use the Service
(including the Script) only as expressly permitted in this agreement.
In doing so, you must comply with any technical limitations in the Service
that allow you to use it only in certain ways.
You may not:
allow, authorize, or permit connection to the Service
by daemons, bots, or other form of robotic software or automated processes;
work around any technical limitations in the Service or
or use any device, software, or
routine that interferes or attempts to interfere with the operation of the Service;
reverse engineer, decompile or disassemble the Service,
except and only to the extent that applicable law expressly permits, despite this
rent, lease, sublicense, or lend the Service or any of
4. User Data; Personal
Information and Privacy
The Service uses the Script to collect data concerning the characteristics and behavior
of end users of Your application ("User Data").
You must comply with all privacy laws or regulations passed at any time by any government
having jurisdiction over you, and you must maintain for Your Applications a privacy
policy that complies with such laws.
the placement, use, and reading of usage data, and Your collection
and use of data in relation to activity by users of Your Applications; (b) Your use
of Mobile Visions (and others, if applicable) for analytics or advertising services
for Your Application. Mobile Visions may retain and use User
at http://www.AppClix.net/privacy.aspx) and publish in aggregate or average form such information
in combination with information collected from others' use of the Service except
that Mobile Visions will not disclose to any third parties any User Data collected
by the Service from Your Applications in a manner that (i) contains or reveals any personally-identifiable
information or (ii) is specifically attributable to you, Your Application, or Your
you provide to
Mobile Visions through the AppClix
Service is governed by
and applicable laws related to personal information. Your election to use the Service
of your Account information and other sensitive information. You are responsible
for all activities that occur in your Account and you agree to notify
Mobile Visions immediately of any unauthorized account use at
Visions is in no way
responsible for any loss or damages to you or to any third party incurred as a result
of any unauthorized access and/or use of your Beta Member Account, or otherwise.
5. Export Restrictions
While The Service is available
globally, it is subject to United
States export laws and regulations.
You must comply with all domestic and international export laws and regulations
that apply to the Script. These laws might include restrictions on destinations, end users
and end use.
6. Pre-Release Service
This Service is a pre-release version.
It may not work the way a final version of the Service will.
Mobile Visions may change it for the final, commercial version.
Mobile Visions also may not release a commercial version. While data may be published throughout the day, the beta service only
consistently provides daily data update that is completed between 12:01 am and 5am,
Mobile Visions is not obligated
to provide any technical or other support ("Support Services") for Service. However, if Mobile Visions chooses to
provide any Support Services to You, Your use of such Support Services will be governed
by Mobile Visions policies. With respect
to any technical or other information You provide to Mobile Visions in connection
with the Service or any Support Services, You agree that Mobile Visions has an unrestricted
right to use such information for its business purposes, including for product support
and development. Mobile Visions will
not use such information in a form that personally identifies You.
You have the ability to give feedback
about the Service to Mobile Visions.
You grant to Mobile Visions, without charge, the right to use, share and commercialize
your feedback in any way and for any purpose. You also grant to third parties, without
charge, any patent rights necessary for their products, technologies and services
to use or interface with any specific parts of a Mobile Visions software or service
that incorporates your feedback. You
will not give feedback that is subject to a license that requires Mobile Visions
to license its software or documentation to third parties because Mobile Visions
includes your feedback in our software or documentation.
These rights survive this agreement.
Mobile Visions may choose in the
future to charge for use of the Service.
If Mobile Visions in its sole discretion chooses to establish fees and payment terms
for such use, Mobile Visions will provide notice of such terms as provided in Section
11 below, and You may elect to stop using the Service rather than incurring fees.
Mobile Visions reserves the right
to discontinue offering Service or to modify the Service at any time in its sole
discretion. If you are dissatisfied
with any aspect of the Service at any time, your sole and exclusive remedy is to
cease using it. Notwithstanding anything
contained in the agreement to the contrary, Mobile Visions may also, in its sole
discretion, terminate or suspend access to the Service to you at any time.
You acknowledge that termination and/or monetary damages may not be a sufficient
remedy if you breach this agreement and that Mobile Visions will be entitled, without
waiving any other rights or remedies, to injunctive or equitable relief as may be
deemed proper by a court of competent jurisdiction in the event of a breach. Upon the expiration or any termination
of this Agreement, you must cease using the Service and the Script.
This Section and Sections 2 (but only with regard to your obligation to provide
indemnification for claims occurring prior to termination), 4 (but only with regard
to User Information collected prior to termination), 8 and 13-16 survive termination
of this agreement or any discontinuation of the Service.
11. Modifications; Notices
If we change this agreement, then
we will give you notice before the change is in force.
If you do not agree to these changes, then you must cancel and stop using
the Service before the changes are in force. If you do not stop using the Service,
then your use of the Service will continue under the changed agreement. Mobile Visions
may give notices to you, at Mobile Visions option, in writing or by electronic mail
to any e-mail address provided by You to Mobile Visions.
You agree to indemnify and hold
harmless Mobile Vision, Inc., its officers, directors, employees, suppliers, and
affiliates, from and against any losses, damages, fines and expenses (including
attorney’s fees and costs) arising out of or relating to any claims that you have
used the Service in violation of another party’s rights, in violation of any law,
in violations of any terms of these Terms of Service, or other claim related to
your use of the Service.
13 Applicable Law
If you acquired the Service in
the United States, New Jersey state law governs the interpretation of this agreement
and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live
govern all other claims, including claims under state consumer protection laws,
unfair competition laws, and in tort.
13.2. Outside the United
If you acquired the Service in
any other country, the laws of that country apply.
14. Legal Effect
This agreement describes certain
legal rights. You may have other rights
under the laws of Your country. This
agreement does not change your rights under the laws of your country if the laws
of your country do not permit it
to do so.
15. Disclaimer of Warranty
The Service (including the Script
and API) is supplied "as-is." You bear
the risk of using it. Mobile Visions
gives no express or implied warranties, guarantees or conditions.
You may have additional consumer rights under your local laws which this
agreement cannot change. To the extent
permitted under your local laws, Mobile Visions excludes the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
16. Limitation on and Exclusion
of Remedies and Damages.
You can recover from Mobile Visions
and its suppliers only direct damages up to U.S. $5.00.
You cannot recover any other damages, including consequential, lost profits,
special, indirect or incidental damages.
This limitation applies to:
anything related to the Service, Script, content (including
on third party Internet sites,
or third party programs; and
claims for breach of contract, breach of warranty, guarantee
condition, strict liability, negligence,
or other tort to the extent permitted by applicable law.
It also applies even if Mobile
Visions knew or should have known about the possibility of the damages.
The above limitation or exclusion may not apply to you because your country
may not allow the exclusion or limitation of incidental, consequential or other
AppClix logo are trademarks of Mobile Visions,
Inc. All rights are reserved to Mobile Visions,
Inc. You agree not to display or use, in any manner, the AppClix trademarks,
Mobile Visions, Inc’s prior permission.