AUTHORIZED USER TERMS OF USE FOR EMPLOYEE/CONTRACTOR

These Authorized User Terms of Use for Employee/Contractor (“Terms of Use”) govern your use of the proprietary customer relationship management  software developed by Mobiledash (the “Software”), including all user manuals, technical manuals, and any other materials provided by Mobiledash, in printed, electronic, or other form, that describe the Software or its use or specifications (the “Documentation”) provided to you (“you” or “your”) by Mobiledash (“Mobiledash”).

BY CLICKING THE “ACCEPT” BUTTON YOU: (i) REPRESENT THAT YOU ARE AUTHORIZED BY MOBILEDASH TO ACCESS AND USE THE SOFTWARE; AND (ii) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT CLICK THE “ACCEPT” BUTTON AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE SOFTWARE.

  1. License Grant. Subject to your strict compliance with these Terms of Use, Mobiledash hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Software in accordance with the Documentation, solely for Mobiledash’s internal business purposes. The foregoing license will terminate immediately on the termination of your employment, whether voluntary or involuntary, if you are an employee of Mobiledash or upon the termination of your contractual relationship with Mobiledash, for whatever reason or no reason at all, if you are an independent contractor working on behalf of Mobiledash.
  2. Use Restrictions. You shall not, directly or indirectly:
  1. use the Software or Documentation except as set forth in Section 1;
  2. copy the Software or Documentation, in whole or in part;
  3. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof;
  4. combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs;
  5. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
  6. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on or in the Software or Documentation, including any copy thereof;
  7. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise provide any access to or use of the Software or any features or functionality of the Software, for any reason, to any other person or entity, including any subcontractor, independent contractor, affiliate, or service provider of licensee, whether or not over a network and whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service;
  8. use the Software or Documentation in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including: (i) power generation systems; (ii) aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; (iii) safety-critical applications, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems; and (iv) military or aerospace applications, weapons systems, or environments;
  9. use the Software or Documentation in violation of any law, regulation, or rule; or
  10. use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to Mobiledash’s commercial disadvantage.
  1. Compliance Measures. The Software may contain technological copy protection or other security features designed to prevent unauthorized use of the Software, including features to protect against use of the Software: (i) beyond the scope of the license granted pursuant to Section 1; or (ii) prohibited under Section 2. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.
  2. Collection and Use of Information.
  1. Mobiledash may, directly or indirectly through the services of others, collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used, by means of (i) providing maintenance and support services and (ii) security measures included in the Software as described in Section 3.
  2. You agree that the Mobiledash may use such information for any purpose related to any use of the Software by you, including but not limited to: (i) improving the performance of the Software or developing updates; and verifying compliance with the terms of this Agreement and enforcing Mobiledash’s rights, including all intellectual property rights in and to the Software.
  1. Intellectual Property Rights. You acknowledge that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights to the Software other than to use the Software in accordance with the license granted under this Agreement, subject to all terms, conditions, and restrictions. Mobiledash reserves and shall retain its entire right, title, and interest in and to the Software and all intellectual property rights arising out of or relating to the Software, subject to the license expressly granted to the licensee in this Agreement. You shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access.
  2. Disclaimer of Liability. IN NO EVENT WILL MOBILEDASH OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE. YOU ARE PROVIDED THE SOFTWARE SOLELY FOR THE BENEFIT OF MOBILEDASH AND AT MOBILEDASH’S DISCRETION.
  3. Governing Law. These Terms of Use are governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Kentucky or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the Commonwealth of Kentucky.

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