CX NORTH AMERICA INFORMATION SERVICES Inc
MOBILE APPLICATION MOBILE DEVICE SOFTWARE
JANUARY 2017
END-USER LICENSE AGREEMENT (“EULA”) FOR ACCESS TO ‘CXNA MOBILE APPLICATION’ ONLY
IMPORTANT – READ CAREFULLY
THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “LICENSEE”) AND CX NORTH AMERICA INFORMATION SERVICES Inc (“CXNA”) FOR THE SOFTWARE PRODUCT(S) IDENTIFIED ABOVE WHICH INCLUDES COMPUTER AND MOBILE SOFTWARE AND ASSOCIATED MEDIA AND DOCUMENTATION (COLLECTIVELY “LICENSED SOFTWARE”) AND ACCESS TO THE “FREIGHT MESSENGER” INSTANT MESSAGING SYSTEM. BY INSTALLING THE LICENCED SOFTWARE, OR DOWNLOADING, INSTALLING, ACCESSING OR UTILIZING THE LICENSED SOFTWARE OR BY LOGGING IN, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, PROMPTLY DELETE THE LICENSED SOFTWARE AND NOTIFY CXNA TO REMOVE YOU FROM THE DATABASE.
Protection/Ownership
The Licensed Software may include software owned by third-parties (collectively “Third-Party Owners”). The Third-Party Owners are third-party beneficiaries of this EULA and You agree to be bound to them under all the terms and conditions of this EULA, unless and to the extent that a separate license agreement for such software governs. The Licensed Software is protected by copyright and other intellectual property laws. CXNA or a Third Party Owner retain ownership of the Licensed Software and the copies of the Licensed Software provided herewith. The Licensed Software is licensed to the Licensee for use subject to the terms set forth in this EULA.
CXNA Mobile Applications End User License is supplied in order for you to use the Licensed Software with the CXNA system. You must be a registered CXNA user to access to the CXNA system. This EULA will automatically terminate upon expiry of your account. This license does not expand your number of authorized concurrent users for the CXNA system.
Grant of License
CXNA hereby grants to Licensee, a non-exclusive, non-transferable and for the period agreed only (unless earlier terminated as provided below) right to use only the executable version (no source code) of the Licensed Software or secure web (HTTPS) access on a single computer or mobile device at any time for its own internal business assessment or to communicate with CXNA or its appointed agents or representatives only.
Scope of License
You are allowed only the number of concurrent users of the Licensed Software registered onto the CXNA system or supplied by CXNA and only for the period granted in this Agreement only.
Additional users
If You wish to expand the number of authorized concurrent users covered by the license You may be able to request additional test licenses or Registered Users from CXNA.
Transfer
This client software and access to the CXNA system is not transferable and system access may be withdrawn, or extended at the discretion of CXNA
Restrictions
You agree not to copy the Licensed Software
Links to Other Software
Use of the Licensed Software may provide links, integrations or “publishing” access to separate third-party software. CXNA provides such links, integrations or “publishing” access as a benefit only and such access does not change the license rights of the separate third-party software. You must determine if your use of the separate third-party software as accessed through the Licensed Software is in compliance with the respective third-party software end-user license agreement.
Warranty/Remedy/Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY AND REMEDY SET FORTH BELOW ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.
Except as provided for in this EULA, no CXNA reseller, dealer, agent or employee is authorized to modify or add to the following warranties and remedies. CXNA makes no warranty that for this Software nor provides any Service Level Agreement for the performance of the CXNA system or Mobile Applications.
To the maximum extent permitted by applicable law, except as provided above, CXNA MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE LICENSED SOFTWARE, ITS QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
UNLESS BOTH EXPRESSLY REPRESENTED AND AGREED IN WRITING, THE LICENSED SOFTWARE IS NOT DESIGNED, OR INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD CREATE A SITUATION WHERE SUBSTANTIAL PROPERTY DAMAGE OR PERSONAL INJURY OR DEATH MAY OCCUR. CXNA AND ANY THIRD-PARTY OWNERS RECOMMEND AGAINST, AND DISCLAIM ANY LIABILITY FOR, USE OF THE LICENSED SOFTWARE IN ANY SUCH APPLICATION UNLESS SUBJECT TO A SPECIFIC SERVICE LEVEL AGREEMENT
You understand and acknowledge that CXNA will not be liable for network-related problems attributable to the operation of the Licensed Software and that network configuration changes may affect the system’s performance.
To the maximum extent permitted by applicable law, CXNA’s entire liability under this EULA shall be limited to the amount paid by You for the Licensed Software access for any remaining subscription period.
IN NO EVENT WILL CXNA BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, even if advised of the possibility of such damages. In particular, and without limitation, CXNA shall have no liability for any data stored or processed with the Licensed Software on the CXNA system, including the costs of recovering such data.
Maintenance & Support
CXNA provides maintenance and/or technical support (including upgrades and enhancements) for the Licensed Software only through separate Agreements. Please contact CXNA or the place from which You obtained the Licensed Software if You wish to obtain maintenance and/or technical support through the execution of such an agreement.
Compliance; Export Control; Privacy
You must comply with all applicable laws and regulations in your use of the Licensed Software. You may not export, ship, transmit, or re-export the Licensed Software in violation of any applicable law or regulation, including, without limitation, the Export Administration Regulations issued by the United States Department of Commerce, or any such similar law or regulation issued by such other governmental entity which may have jurisdiction over such export. Further, You agree to abide by all applicable data protection, SPAM, privacy and similar rules, directives and other laws in your use of the Licensed Software.
Termination
Your right to use the Licensed Software and the CXNA system continues until this EULA is terminated. You may terminate this EULA at any time by destroying all of your copies of the Licensed Software and requesting removal from the CXNA database. This EULA will automatically terminate if You fail to comply with the material terms of this EULA. Upon any termination, You agree to remove all Licensed Software from your computers, destroy all copies of the Licensed Software, and, upon request from CXNA, certify in writing your compliance herewith.
This Agreement relates to access to CX NORTH AMERICA INFORMATION SERVICES Inc (CXNA) Mobile Application for the period and users stated only. Additional users authorized onto the system subsequently at your request and if granted will be subject to the same Terms and Conditions and under this Agreement.
Contact: All questions concerning this EULA shall be directed to:
CX NORTH AMERICA INFORMATION SERVICES Inc (CXNA)
Email: [email protected]