MondoTag End User License Agreement
Version 1.4 – Updated on November 14, 2016
IMPORTANT: PLEASE READ THIS CONTRACT CAREFULLY.
This License Agreement for MondoPlayer is a legal agreement between you and MondoTag. This Agreement is enforceable against you and any legal entity that obtained the Software (“Software”) and on whose behalf it is used. By Clicking on the “Accept” Button, installing, using or copying the Software, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, click on the “Cancel” button and do not install or use the Software. A copy of the License Agreement can be viewed here.
You agree to be bound by the MondoTag Terms of Service.
You agree that your use of the Software signifies that you have read this license, understand it and agree to be bound by its terms and conditions.
MondoTag owns all intellectual property in the Software. MondoTag permits you to Use the Software only in accordance with the terms of this Agreement.
- “Electronic Device “means a computer, smartphone or tablet that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
- “MondoPlayer Account“means an account created when you register for MondoPlayer and includes your screen name, email address, password and country where you live.
- “Service” means resources offered through the MondoTag or MondoPlayer website including MondoPlayer, general content and personalized content.
- “Software” means (a) all of the contents of the files (provided by electronic download, on physical media or any other method of distribution) with which this Agreement is provided, including but not limited to MondoPlayer and any related documentation (“Documentation”); (b) upgrades, modified versions, updates, additions; and (c) Alpha, Beta, trial, pre-release and free versions of MondoPlayer.
- “Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
MondoTag hereby grants to you a non-exclusive license to use the Software and any related documentation on the following terms:
- You may use the Software on a maximum of 3 compatible electronic devices that are associated with your MondoPlayer account.
- You may make one backup copy of the Software for each electronic device provided that the backup copy contains all of the original Software’s copyright and other proprietary notices.
- The Software may include certain plug-in components (“Plug-Ins”), including but not limited to Java Scripts. You may only call to or otherwise use such Plug-Ins through the use of the Software. Any direct use of Plug-Ins through an application other than MondoPlayer, including a custom or user-written application, is prohibited by this Agreement. You agree to use the software only with the Service and you agree not to access the Service by any means other than through the MondoPlayer software.
- MondoTag may modify this License Agreement at any time. Any modification or revision will be binding and effective 7 days after posting of the revised Agreement or upon notification to you. You agree to periodically review the MondoTag or MondoPlayer web site to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time. By continuing to use the MondoTag or MondoPlayer web site or Service you agree to abide by and be bound by any such revisions or changes.
- This License does not grant you any right to any enhancement or update.
- You may not allow others to use the Software except under the terms set out in this Agreement. You may not modify, adapt, translate, or create derivative works based upon the Software or Documentation. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly allowed to decompile under applicable law. You may not rent, lease, transfer or otherwise transfer rights to the Software or Documentation. You may not remove any copyright, proprietary notices or labels on the Software or Documentation. The Software is intended only for use with public domain or properly licensed content and content creation tools. You may require a patent, copyright or other license from a third party to create, copy or link to content files for playback by this Software or to serve or distribute such files to be played back by this Software. Any such forbidden use shall immediately terminate your license to the Software.
- You agree to use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
- You may not use the Software in an attempt to or in conjunction with, any device, program or service designed to circumvent technological measures used to control access to, or the rights in a content file or other work protected by the copyright laws of any jurisdiction.
- Communications.The Software has interactive components that communicate over the Internet as part of their normal operation. A number of communications features are automatic and are enabled by default. By installing or using the Software, you consent to these communication features. Once you log into the Software, user information including your user id will be sent to MondoTag’s servers. This information is used to access your account and other personalized services. You are responsible for any communication or connectivity charges incurred through your use of the Software.
- Automatic Updates. MondoPlayer automatically communicates with MondoTag’s servers to check for updates to content and to the Software such as enhanced features, bug fixes, patches, plug-ins and new versions. You agree to receive such updates (and permit MondoTag to deliver these to you) as part of your use of the Services.
THIRD PARTY WEBSITE ACCESS
The Software may allow you to access third party websites (“Third Party Sites”). Your access to and use of any Third Party Sites, including any goods, services, information or content made available from such sites is governed by the terms and conditions found at each Third Party Site. Third Party Sites are not owned or operated by MondoTag. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. MONDOTAG AND ITS PARENT COMPANY MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
INTELLECTUAL PROPERTY OWNERSHIP, COPYRIGHT PROTECTION
The Software and any authorized copies that you make are the intellectual property of and are owned by MondoTag. The structure, organization and code of the Software are the valuable trade secrets and confidential information of MondoTag. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein this Agreement does not grant you any intellectual property rights to the Software and all rights not expressly granted are reserved by MondoTag. The ownership rights and intellectual property rights in and to content accessed through the Software and the Services (“Content”) shall be retained by applicable Content owners and may be protected by applicable copyright or other law. This license gives you no rights to such Content.
YOUR USE OF THE SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MONDOTAG, ITS PARENT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF. MONDOTAG MAKES NO WARRANTIES OR REPRESENATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SOFTWARE (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, LINKED TO OR OTHERWISE MADE AVAILABLE FOR USE WITH THE SOFTWARE OR ON THE MONDOTAG OR MONDOPLAYER WEBSITE AND/OR (6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MONDOTAG OR MONDOPLAYER WEBSITE OR SOFTWARE BY ANY THIRD PARTY. MONDOTAG DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOFTWARE OR THROUGH ANY HPERLINKED WEBSITE, AND MONDOTAG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES SO YOU SHOULD USE YOUR BEST JUDGMENT AND BE CAUTIOUS. The provisions of this section shall survive the termination of this Agreement.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MONDOTAG, ITS PARENT CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY, DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES OR INACCURACIES OF THE SOFTWARE OR CONTENT (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SOFTWARE (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVERS (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE MONDOTAG OR MONDOPLAYER WEBSITE OR SOFTWARE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, LINKED TO OR OTHERWISE MADE AVAILABLE FOR USE WITH THE SOFTWARE OR ON THE MONDOTAG OR MONDOPLAYER WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN THE CASE OF DISSATISFACTION WITH THE SOFTWARE SHALL BE YOUR TERMINATION OF USE OF THE SOFTWARE. The provisions of this section shall survive the termination of this Agreement.
This Software and the MondoTag or MondoPlayer website are intended for use only with properly licensed media, content and content creation tools. It is your responsibility to determine whether any property or privacy right applies and whether, copyright, patent or other licenses are necessary and to obtain any such licenses to link to, serve and/or create such media and content. You agree to link to and play back only those materials for which you have the necessary permissions, licenses or clearances. You agree to defend, indemnify and hold harmless MondoTag, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or relating to any claims that you have (a) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by MondoTag) in connection with the Software in violation of another party’s rights or in violation of any law, or (b) violated any terms of this License Agreement. This defense and indemnification obligation survives the termination of this Agreement but this shall not imply or create any continued right to use the Software or the MondoTag or Mondoplayer website after termination of this Agreement.
This License Agreement will automatically terminate if you fail to comply with any of its terms. No notice shall be required from MondoTag to effect such termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software and Documentation provided by MondoTag.
This Agreement is personal to you and may not be assigned by you.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (“Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation and that you are not otherwise prohibited under Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
GOVERNING LAW AND GENERAL PROVISIONS
This Agreement will be governed by the laws of the Province of British Columbia, Canada. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force. This Agreement may only be modified in writing signed by an authorized officer of MondoTag. MondoTag’s failure to act with respect to the breach by you does not constitute a waiver of MondoTag’s rights. Updates may be licensed to you by MondoTag with additional or different terms. This is the entire Agreement between MondoTag and you relating to the Software.