Family Protector End User License Agreement
This End User License Agreement (hereinafter referred to as this "Agreement") is made by and between NQ Mobile US Inc. (hereinafter referred to as "NQ Mobile") and the Licensee (hereinafter referred to as "you" and "your") for the access and use of the U.S. Cellular® Family Protector software which is provided by NQ Mobile (together with all associated information, documentation and software, the "Software") on a voluntary basis.
I. ACCEPTANCE; MODIFICATION OF TERMS
PLEASE READ ALL THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SOFTWARE. BY CLICKING "I ACCEPT" OR BY ACCESSING, BROWSING, OR USING THE SOFTWARE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND, AND THAT YOU AGREE TO, ALL OF THE FOLLOWING TERMS OF THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS, LOAD, OR USE THE SOFTWARE AND MUST EXIT THE SOFTWARE IMMEDIATELY, DO NOT LOAD, ACCESS, OR USE, AND CEASE LOADING, ACCESSING, OR USING, THE SOFTWARE IN ANY MANNER AND COMPLETELY REMOVE THE SOFTWARE FROM YOUR DEVICE.
NQ MOBILE RESERVES THE RIGHT TO REVISE THE TERMS OF THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATE TO THIS PAGE. YOUR CONTINUED USE OF THE SOFTWARE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN YOU ALSO ACCEPT THOSE CHANGES.
If you have any questions about this Agreement, please contact NQ Mobile.
NQ Mobile hereby grants to you a limited, non-exclusive, terminable, revocable, non-sublicensable, non-assignable, and non-transferable license to load and install the Software on the Device (as defined below) and to access and use the Software solely in accordance with the terms and conditions of this Agreement (the "License"). NQ Mobile grants you the right to use the Software solely if it is installed, and only as installed, on the mobile device that you or your child (who is a minor and of whom you are the legal guardian) owns or controls (the "Device") and to use the Software and access related internet services only for your personal non-commercial use, unless otherwise specified by NQ Mobile or required under applicable laws. You must access, install, and use the Software in compliance with all applicable laws and regulations and the policies and terms set forth in this Agreement.
You should NEVER attempt to monitor a mobile device you do not own or control, monitor your spouse, significant other or adult children with any mobile device monitoring product without the consent and knowledge of such persons. Doing so may be illegal, and violate local, state, and federal laws in your country and you could be subject to civil or criminal penalties. We will cooperate with authorities in investigation of any allegations of misuse.
You must comply with applicable third party terms of agreement when using the Software (e.g. your wireless data service agreement). NQ Mobile has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
You are entitled to a free 30-day trial subscription to try out the Software and all of its functions. The trial period starts when you complete your account set-up and ends 30 calendar days later. Your subscription will automatically begin when your 30-day free trial ends. If you were to opt out before your trial ends, no charge will be made to your account. You will begin being charged the subscription fee on the day following the expiration of your trial subscription (e.g. on April 15th if your trial subscription expired between March 16th and April 14th). You can cancel your subscription at any time by accessing your account online at Family Protector website or contacting US Cellular Customer Service.
NQ Mobile is not responsible, and you are solely responsible, for any access, data, transmission, and other fees and any expenses you may incur or may be charged by any third party, including, without limitation, your wireless service provider, may charge in connection with your access or use of the Software, including, without limitation, data traffic costs.
III. USE RESTRICTIONS.
You shall not, and shall not permit any third parties to, in any manner:
- modify, alter, amend, fix, translate, enhance or otherwise create derivative works of the Software;
- reverse engineer, disassemble, decompile, decode or adapt the Software, or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part, except as and only to the extent this restriction is prohibited by law;
- remove, disable, or otherwise create or implement any workaround to any security features contained in the Software;
- remove, delete or alter any trademark or copyright notices or other Intellectual Property Rights (as defined herein) notices of NQ Mobile or its licensors, if any, from the Software;
- copy the Software, in whole or in part (other than solely as necessary to install or use the Software as expressly permitted in this Agreement);
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the Software or its related documents available to any third party for any reason, commercial or otherwise;
- use the Software for purposes of competitive analysis, the development of a competing software product or any other purpose that is to NQ Mobile's commercial disadvantage;
- use the Software in any manner that could impair any NQ Mobile site or products or services in any way or interfere with any party's use or enjoyment of any NQ Mobile site or products or services;
- charge any fees in any way if you recommend the Software to other people;
- use the Software in violation of any applicable local or national law (including, without limitation, in connection with or for any defamation, harassment, crime or other unlawful act or omission, spamming, data phishing, obscene or pornographic uses, or other use that may cause NQ Mobile to be liable to any third party or under any law for or as a result of your use of the Software or that would cause NQ Mobile to be brought into disrepute); or
- use the Software to monitor a mobile device you do not own or control, monitor your spouse, significant other or adult children;
- use the Software to circumvent any professional or other confidentiality privilege.
If you violate any of the foregoing, NQ Mobile shall have the right to terminate your license to the Software and to investigate legal liabilities of all individuals and entities involved and hold such individuals and entities liable.
IV. INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP, AND RESERVATION OF RIGHTS.
The Software is proprietary to NQ Mobile. You acknowledge and agree that the Software is being licensed, not sold, to you by NQ Mobile. No rights are granted or extended, implicitly, expressly, or otherwise, to any third party, and your access and use of the Software does not, and shall not be deemed, to exhaust any Intellectual Property Right in or to or related to the Software with regard to you outside the express license in this Agreement or to any third party.
All Intellectual Property Rights to the Software, all content and code are owned by NQ Mobile and are protected by law. You further acknowledge and agree that you do, and shall not be deemed to, acquire any ownership, co-ownership, right, title, interest, license (except solely the express license to access and use the Software expressly granted to you as set forth in this Agreement during the term of this Agreement), or encumbrance in or to, and that NQ Mobile shall retain its entire sole ownership, right, title, interest in and to, the Software, all derivations and derivative works therefrom and all improvements, modifications, upgrades, updates, error corrections, patches, enhancements, versions, and alterations thereto, all content, works, inventions, technology, data, information, and code therein or thereof, and all other proprietary products and services of NQ Mobile (including without limitation products and services released solely or jointly with its partners), and all Intellectual Property Rights (as defined herein) in or to or arising out of or relating to any of the foregoing (collectively, "NQ Mobile Property").
"Intellectual Property Rights" means any and all of the following, anywhere in the world and under any law: (a) patents, patent applications, patent disclosures, invention disclosures, and inventions (whether patentable or not), (b) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, and all goodwill in or arising from any of the foregoing, (c) copyrights and rights in and to or arising from or related to copyrightable works (including computer programs), mask works and rights in data and databases, (d) rights in and to or arising from or related to trade secrets, know-how, show-how, and other confidential or proprietary information, and (e) all other intellectual and industrial property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection provided by applicable law, regulations or rules in any jurisdiction throughout the world. You shall promptly notify NQ Mobile if you become aware of any possible third-party infringement of NQ Mobile's Intellectual Property Rights arising out of or relating to the Software and fully cooperate with NQ Mobile in any legal action taken by NQ Mobile against third parties to enforce its Intellectual Property Rights. You shall safeguard the Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access.
Without NQ Mobile's written permission, no entity or individual shall use, duplicate, change, copy, distribute or use or sell with other products any part of the Software, any other product, information or materials owned by NQ Mobile, or any other NQ Mobile Property in any manner for any reason whatsoever. Without NQ Mobile's written permission, no entity or individual shall use, duplicate, change, distribute, copy or infringe in other ways NQ Mobile's trademarks in part or as a whole in any manner for any reason whatsoever, including without limitation the following trademarks: A-Yong Image, NetQin Mobile Security, NetQin Mobile Anti-virus, NetQin Mobile Manager, NQ Contacts, NQ Private Space, NQ Secret Space, NQ Secret Box, NQ Calendar, NQ Space, NetQin Mobile Guard, NetQin Mobile Assistant, Private Calls, Easy Message and any marks used in connection with NQ Mobile's special virus removal tools.
NQ Mobile's core technology is protected by the patent and other Intellectual Property Rights laws of various countries. Without NQ Mobile's written permission, no entity or individual shall carry out, duplicate, modify, distribute, copy or infringe in other ways NQ Mobile's patented products and patented technology in any manner for any reason whatsoever.
If and to the extent you acquire or obtain any ownership, co-ownership, right, title, interest, license (except solely the express license to access and use the Software expressly granted to you as set forth in this Agreement during the term of this Agreement), or encumbrance, you agree to assign, transfer, and convey, and you hereby assign, transfer, and convey, to NQ Mobile — free of any royalty, fee, or other payment obligation of NQ Mobile or any of its affiliates – all such ownership, co-ownership, right, title, interest, license, and encumbrance. You agree to execute any document and take any other action or forego to take any other action as requested by NQ Mobile to you to give effect to the provisions of this Article V.
V. RIGHT OF REPUTATION.
As a legal person, NQ Mobile's rights of reputation are protected by the law. Where the company's goodwill is slandered or the rights of reputation are infringed by illegal means of forging and disseminating false information and materials, or similar actions, NQ Mobile has the right to pursue legal responsibilities according to law. Where the above Intellectual Property Rights of NQ Mobile are infringed or the exercise of the Intellectual Property Rights are hindered, legal responsibilities will be investigated according to law and you may be held liable for such infringement and/or hindering.
Your right to use the Software will terminate immediately if you (a) violate any provision of this Agreement or (b) engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to this Agreement. NQ Mobile may also terminate this Agreement, or suspend your rights to use the Software effective immediately, if you fail to accept any new terms to this Agreement or other requirements for using the Software. Either party may terminate this Agreement for its convenience, for any reason or no reason, effective 30 days after providing the other party with written notice of its intent to terminate.
VII. EFFECT OF TERMINATION.
Upon the termination of this Agreement for any reason, you agree to immediately cease all use of the Software and erase and destroy all copies, full or partial, of the Software and any information pertaining to the Software or any related services, without retaining any copy or manifestation of the Software, any of its content, or any part thereof.
VIII. PRODUCT CLAIMS.
NQ Mobile is not responsible for addressing and you hereby waive any claims by you or any third party relating to the Software or your possession and/or use of the Software, including but not limited to: (a) product liability claims; (b) any claim the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
IX. DISCLAIMER OF WARRANTIES.
NQ MOBILE MAKES NO WARRANTIES OR REPRESENTATIONS HEREUNDER OR REGARDING THE SOFTWARE. NQ MOBILE DISCLAIMS RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SOFTWARE. THE SOFTWARE AND THE SERVICES ACCESSED BY IT ARE PROVIDED "AS IS" AND "AS AVAILABLE". NQ MOBILE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WORKMANSHIP, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SOFTWARE. YOU DOWNLOAD AND USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE.
IN THE EVENT OF ANY FAILURE OF THE SOFTWARE TO CONFORM TO ANY APPLICABLE WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED HEREUNDER UNDER APPLICABLE LAW, YOU MAY NOTIFY NQ MOBILE, AND NQ MOBILE WILL REFUND THE PURCHASE PRICE, IF APPLICABLE, FOR THE LICENSE TO ACCESS, INSTALL, AND USE THE SOFTWARE UNDER THIS AGREEMENT TO YOU; AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NQ MOBILE WILL HAVE NO OTHER WARRANTY OBLIGATION OR OTHER LIABILITY WHATSOEVER WITH RESPECT TO THE SOFTWARE AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY. THE FOREGOING REFUND OF THE PURCHASE PRICE CONSTITUTES THE MAXIMUM LIABILITY THAT NQ MOBILE SHALL HAVE UNDER AND RELATING TO THIS AGREEMENT OR THE SOFTWARE.
X. LIMITATION OF LIABILITY.
NEITHER NQ MOBILE NOR ITS SERVICE PROVIDERS OR AFFILIATES WILL BE LIABLE TO YOU OR ANY USER FOR ANY USE OR MISUSE OF THE SOFTWARE. SUCH EXCLUSION INCLUDES, BUT IS NOT LIMITED TO: (A) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE (EVEN IF NQ MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); (B) APPLIES WHETHER DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES); AND (C) APPLIES NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF AND TO THE EXTENT THAT NQ MOBILE OR ANY OF ITS SERVICE PROVIDERS OR AFFILIATES IS LIABLE TO YOU FOR ANY DAMAGES NOTWITHSTANDING THE FOREGOING PROVISIONS, YOU AGREE THAT THEIR AGGREGATE AND COMPLETE LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE, IF APPLICABLE, FOR THE LICENSE TO ACCESS, INSTALL, AND USE THE SOFTWARE UNDER THIS AGREEMENT.
You will indemnify and hold harmless NQ Mobile and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any and all losses to the extent resulting from any action, suit, proceeding, claim, demand, investigation or assessment due to or arising directly or indirectly out of (i) your or your child's access and/or use of the Software, (ii) any violation of any applicable law arising from you or your child's conduct or in connection with your or your child's use or misuse of the Software, (iii) any alleged violation of this Agreement or other applicable agreements between you and NQ Mobile, (iv) any negligence (whether sole, contributory, or comparative) and willful misconduct of you or your children, and (v) any alleged violation of any applicable law or regulation (EXPRESSLY INCLUDING, IN EACH CASE, ANY SUCH LOSSES ATTRIBUTABLE TO THE ORDINARY, SOLE OR CONTRIBUTORY NEGLIGENCE OR STRICT LIABILITY OF NQ MOBILE). NQ Mobile reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
XII. PRIVACY STATEMENT.
XIII. ASSIGNMENT/CHANGE OF CONTROL.
This Agreement may not be assigned, nor may any of your obligations under this Agreement be delegated, in whole or in part, by you by operation of law, merger, or any other means without NQ Mobile's express prior written consent and any attempted assignment without such consent will be null and void. NQ Mobile may, without notice to you, assign this Agreement. Further, NQ Mobile may perform all obligations, if any, to be performed by NQ Mobile under this Agreement directly or may have some or all obligations performed by its affiliates, agents and/or independent contractors.
If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable for any reason, that clause of this Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
XV. GOVERNING LAW AND JURISDICTION.
The internal laws of the State of Texas, U.S.A. (without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas, U.S.A. or any other jurisdiction) that would cause the application of laws of any other jurisdiction) shall govern all matters arising out of or relating to this Agreement and all of the matters or transactions it contemplates, including its validity, interpretation, construction, performance and enforcement and any disputes or controversies arising therefrom. You consent and submit to the exclusive jurisdiction of competent state and federal courts in the State of Texas, U.S.A., for any litigation or proceeding and to the venue of such litigation or proceeding in the County of Dallas, State of Texas, U.S.A.
XVI. NO THIRD PARTY BENEFICIARIES.
The parties do not intend any third party to be a third party beneficiary under this Agreement, and nothing in this Agreement shall be construed for any third party to be a third party beneficiary or to confer any third party beneficiary rights or status on any third party.
XVII. ENTIRE AGREEMENT.
All terms, conditions and provisions of this Agreement and any privacy statement or other policies and terms and conditions of use accepted by you, constitute the entire agreement between you and NQ Mobile and shall supersede all other communications, representations, agreements or understandings, either oral or written, with you with respect to the subject matter hereof.
Thank you for choosing NQ Mobile services and your comments and suggestions are always appreciated.
Should you have any questions, please contact us by e-mail at email@example.com.