MOBILE APPLICATION END USER LICENSE AGREEMENT
This Mobile App End User License Agreement (”Agreement”) is a binding agreement between the individual downloading the Mobile App (”You”) and MobiChord, Inc. (”Company”). This Agreement governs Your use of the MobiChord mobile application and any related documentation (“Mobile App”). In order to use the Mobile App, Your business must have first entered into a Master Ordering Agreement and a Data Processing Addendum (if applicable) with Company. If Your company has not yet entered into a Master Ordering Agreement with Company, please visit www.mobichord.com and contact us to learn more.
BY DOWNLOADING THE MOBILE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A
BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY
BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT DOWNLOAD THE
APPLICATION.
1. LICENSE GRANT. Subject to the terms of this Agreement, Company grants You a limited, non-exclusive, and
nontransferable license to download, install, and use the Mobile App on a single mobile device owned or
otherwise controlled by You (”Mobile Device”) strictly in accordance with the Mobile App’s documentation and for
the limited purpose of accessing Your ServiceNow account.
2. LICENSE RESTRICTIONS. You shall not: (a) copy the Mobile App, except as expressly permitted by this
license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not
patentable, of the Mobile App; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to
derive or gain access to the source code of the Mobile App or any part thereof; (d) remove, delete, alter, or
obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights
notices from the Mobile App, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute,
publish, transfer, or otherwise make available the Mobile App, or any features or functionality of the Mobile App,
to any third party for any reason, including by making the Mobile App available on a network where it is capable of
being accessed by more than one device at any time; or (f) remove, disable, circumvent, or otherwise create or
implement any workaround to any copy protection, rights management, or security features in or protecting the
Mobile App.
3. RESERVATION OF RIGHTS. You acknowledge and agree that the Mobile App is provided under license, and
not sold, to You. You do not acquire any ownership interest in the Mobile App under this Agreement, or any other
rights thereto other than to use the Mobile App in accordance with the license granted, and subject to all terms,
conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and
shall retain their entire right, title, and interest in and to the Mobile App, including all copyrights, trademarks, and
other intellectual property rights therein or relating thereto, except as expressly granted to You in this Agreement.
4. COLLECTION AND USE OF YOUR INFORMATION. You acknowledge that when You download, install, or
use the Mobile App, Company may collect information about Your Mobile Device and about Your use of the
Mobile App. All information we collect through or in connection with this Mobile App is subject to our Mobile
Application Privacy Policy available at https://mobichord.com//privacy-policy/. By downloading, installing, using, and
providing information to or through this Mobile App, You consent to all actions taken by us with respect to Your
information in compliance with the Mobile Application Privacy Policy.
5. UPDATES. Company may from time to time in its sole discretion develop and provide Mobile App updates,
which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively,
including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features
and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or
enable any particular features or functionality. Based on Your Mobile Device settings, when Your Mobile Device is
connected to the internet either: (a) the Mobile App will automatically download and install all available Updates;
or (b) You may receive notice of or be prompted to download and install available Updates. You shall promptly
download and install all Updates and acknowledge and agree that the Mobile App or portions thereof may not
properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Mobile
MOBILE APPLICATION END USER LICENSE AGREEMENT
App and be subject to all terms and conditions of this Agreement.
6. TERM AND TERMINATION. The term of Agreement commences when You download the Mobile App and
will continue in effect until terminated by You or Company as set forth in this Section. You may terminate this
Agreement by deleting the Mobile App and all copies thereof from Your Mobile Device. Company may terminate
this Agreement at any time without notice. In addition, this Agreement will terminate immediately and
automatically without any notice if You violate any of the terms and conditions of this Agreement. Upon
termination all rights granted to You under this Agreement will also terminate and You must cease all use of the
Mobile App and delete all copies of the Mobile App from Your Mobile Device and account. Termination will not
limit any of Company’s rights or remedies at law or in equity.
7. DISCLAIMER OF WARRANTIES. THE MOBILE APP IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL
FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND
ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE
APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT
LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND
MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER
SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY
PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR
DEFECTS CAN OR WILL BE CORRECTED.
COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH REGARDS TO THE ACCURACY OF
USAGE DATA PROVIDED BY THE MOBILE APP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE ACCURACY OF USAGE
DATA. FOR THE AVOIDANCE OF DOUBT, USAGE DATA PROVIDED BY THE MOBILE APP IS FOR
INFORMATIONAL PURPOSES ONLY AND MAY DIFFER FROM BILLING REPORTS GENERATED BY YOUR
CARRIER.
IN ORDER FOR THE MOBILE APP TO FUNCTION AS DESIGNED, YOU MUST CONNECT THE MOBILE APP
TO THE INTERNET THROUGH EITHER A WI-FI OR CELLULAR DATA CONNECTION, GPS TRACKING MUST
BE ENABLED ON YOUR MOBILE DEVICE, AND NOTIFICATIONS MUST BE ENABLE ON YOUR MOBILE
DEVICE. FAILURE TO DO ANY OF THE AFOREMENTIONED WILL RESULT IN THE MOBILE APPLICATION
NOT FUNCTIONING AS DESIGNED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES
OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL
OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE
PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE
THE APPLICATION OR THE CONTENT AND SERVICES FOR: (A) PERSONAL INJURY, PROPERTY
DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF
GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B)
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY
YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH
MOBILE APPLICATION END USER LICENSE AGREEMENT
DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR
ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Company and its officers, directors,
employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities,
deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of
whatever kind, including attorneys’ fees, arising from or relating to Your use or misuse of the Mobile App or Your
breach of this Agreement, including but not limited to the content You submit or make available through this
Mobile App.
10. EXPORT REGULATION. The Mobile App may be subject to US export control laws, including the US Export
Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release
the Mobile App to, or make the Mobile App accessible from, any jurisdiction or country to which export, re-export,
or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations,
and rules, and complete all required undertakings (including obtaining any necessary export license or other
governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Mobile App available
outside the US.
11. US GOVERNMENT RIGHTS. The Mobile App is commercial computer software, as such term is defined in
48 C.F.R. §2.101. Accordingly, if You are an agency of the US Government or any contractor therefor, You
receive only those rights with respect to the Mobile App as are granted to all other end users under license, in
accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of
Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and
their contractors.
12. SEVERABILITY. If any provision of this Agreement is illegal or unenforceable under applicable law, the
remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all
other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental
term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be
unenforceable.
13. GOVERNING LAW. This Agreement is governed by and construed in accordance with the internal laws of the
State of Utah without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or
proceeding arising out of or related to this Agreement or the Mobile App shall be instituted exclusively in the
federal courts of the United States or the courts of the State of Utah in each case located in Salt Lake City. You
waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
14. LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING
OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
15. ENTIRE AGREEMENT. This Agreement and our Mobile Application Privacy Policy constitute the entire
agreement between You and Company with respect to the Mobile App and supersedes all prior or
contemporaneous understandings and agreements, whether written or oral, with respect to the Mobile App.
16. WAIVER. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power
hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power
hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this
Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.