END USER LICENCE AGREEMENT
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REMOVE THE SAME FROM YOUR DEVICE (THIS IS APPLICABLE WHEN THE APPLICATION HAS BEEN DOWNLOADED FROM THIRD PARTY APPLICATION STORE/PLATFORM). IN THE EVENT, THE SAME IS PRE-BUNDLED IN YOUR DEVICE, PLEASE VISIT THE SETTINGS PAGE OPTION TO DISABLE “GLANCE” EXPERIENCE. THIS AGREEMENT APPLIES WITHOUT PREJUDICE TO SOFTWARE LICENCES THAT YOU MAY HAVE ENTERED INTO, SUCH AS FOR THE USE OF THE APPLICABLE THIRD PARTY APPLICATION STORE/PLATFORM. FURTHER, YOU MAY ALSO OPT OUT OF INTEREST BASED ADVERTISEMENTS THROUGH INMOBI WEBSITE (HTTP://WWW.INMOBI.COM/PAGE/OPT-OUT/)
You may also opt-out of interest-based advertising through InMobi website (http://www.inmobi.com/page/opt-out/).
What does Glance offer You:
It is a content-discovery application that uses beautiful pictures to convey and narrate interesting stories to You. The wallpaper based stories will typically be available on wallpaper/screensaver type properties like lock screen/home screen of a mobile phone. You may also interact with some of the stories to read more about the story or watch a video regarding the same. It may also feature interest-based digital advertising.
- TERMS AND CONDITIONS
1.1 This EULA is a legal agreement between you (“End User, Your or You”) and InMobi PTE Ltd, having its registered office at 30 Cecil Street, #19-08, Prudential Towers, Singapore 049712 acting on behalf of itself and its affiliates (“InMobi, Licensor, us, our or we”) for use and license of Glance which may either be a pre-loaded application within Your mobile, tablet, wearable and/or any other handheld device used by You (“Device”) or integrated with any other application on your Device, or downloaded through a third party application store/platform, updated from time to time, (referred to as “Glance”). This license is subject to any rules or policies including rules or policies applied by third-party application stores/platforms (such as PlayStore or AppStore) or device policies, as applicable.
1.2 If You do not agree to the terms of this EULA, we will not license Glance to You and You may either (i) discontinue to use the InMobi Application by un-installing the same from Your Device or (ii) unsubscribe from “Glance Experience” in the Settings Wizard/Page on your Device or through the application where InMobi by Glance is integrated. In this case, You will be unable to avail the functionality of InMobi Application until you subscribe yourself to “Glance Experience” in Your Device’s setting wizard/page.
1.4 You affirm that You are either more than 13 years of age, or if You are a minor, possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these EULA, and to abide by and comply with these EULA. You must not access InMobi Application or accept this EULA if You are a person who is either barred or otherwise legally prohibited from receiving or using InMobi Application under the laws of the country in which You are resident or from which You access or use InMobi Application.
2.1 Glance itself does not create any news, stories, videos, wallpapers, or such other content or information (“Content”) and only provides a brief summary of applicable Content across the internet, including but not limited to images, text snippets, videos, infographics, gifs, by aggregating and publishing such Content within one application for easy access by You and for assisting You to find relevant information of Your interest. The user can eventually know more by watching a video directly within the app, or by browsing a third-party webpage by tapping a “More” or equivalent button. You agree and acknowledge that Glance does not report and/or broadcast any Content (including news) on its own accord and is not responsible or liable for the Content and/or accuracy of such Content which may be accessed by You. We urge you to refer the terms provided in each third-party website where Glance redirects You based on your interaction with its feature(s). You may access this Content through mobile network or wifi network.
2.2 Glance ensures that any Content including third-party content linked to or published in Glance is attributed to the third party source. Glance cannot be held responsible for any intellectual property right violations and/or infringements by the third party content provider or mobile website content. Any such scenario should directly be reported and discussed with the third party content provider.
2.3 You acknowledge that mobile internet transmissions are never completely private or secure and maybe beyond InMobi’s reasonable control. Any message or information You send using InMobi Application may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2.4 To show you relevant interest-based content through Glance, we may collect and/or obtain certain information about your Device such as device identifier, location data, age, gender, Your interaction activities, app-usage, browsing behavior, location etc.. You acknowledge that We may collect and use technical information about the Devices in which InMobi Application is installed for improvement of its offerings and/or for optimal performance of InMobi Application. By accepting this EULA and your continued use of Glance, If You use InMobi Application, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of such aforementioned data. You may withdraw the consent to use of location data at any time by turning off the location settings on Your Device. You may also opt-out of interest-based advertising through InMobi website (http://www.inmobi.com/page/opt-out/).
- OWNERSHIP AND GRANT OF LICENCE
3.1 You acknowledge that all intellectual property rights in the InMobi Application, software, and Content used along with it anywhere in the world belong to us or our licensors, that rights in the InMobi Application is licensed (not sold) to You, and that You have no rights in, or to, the InMobi Application other than the right to use each of them in accordance with the terms of this EULA.
3.2 In consideration of You agreeing to abide by the terms of this EULA, we grant You a revocable, non-sub-licensable, non-transferable, non-exclusive license to use the InMobi Application on the Devices in object code only, subject to terms of this EULA and other terms incorporated by reference. We expressly reserve all other rights.
3.3 You may view, use, access and display the InMobi Application on the Devices for Your personal purposes only.
- LICENSE AND CONTENT RESTRICTIONS
4.1 Except as expressly set out in this EULA or as permitted by any local law, You agree:
(a) not to copy the InMobi Application (including its specific design, user interface) except where such copying is incidental to normal use of InMobi Application, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the InMobi Application;
(c) not to make alterations to, or modifications of, the whole or any part of InMobi Application, or permit the InMobi Application or any part of it to be combined with, or become incorporated in, any other programs including any root software;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the InMobi Application or attempt to do any such thing except to the extent permitted by applicable law solely because it is essential for the purpose of achieving inter-operability of InMobi Application with another software program, and provided that the information obtained by You during such activities:
- is used only for the purpose of achieving inter-operability of InMobi Application with another software program;
- is not disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the InMobi Application;
(e) not to provide or otherwise make available the InMobi Application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(f) to comply with all technology control or export laws and regulations that apply to the technologies used or supported by InMobi Application (“Technology”), The terms enumerated from (a) to (f) are together referred to as “Licence Restrictions”.
4.2 You may not
- use Content in a pornographic, defamatory or another unlawful manner, or in violation of any applicable laws or industry codes.
- Unless expressly granted pursuant to a separate license agreement, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose.
- share, re-distribute, reproduce, download or use the Content and/or Ads displayed on Glance (unless You are specifically permitted by way of a “Share” or “Copy” button).
- re-order, modify, edit obscure or truncate in anyway the Content or InMobi Application.
- ACCEPTABLE USE RESTRICTIONS
5.1 not use the InMobi Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into InMobi Application or any operating system;
5.2 not infringe Our intellectual property rights or those of any third party in relation to Your use of InMobi Application or any service associated (to the extent that such use is not licensed by this EULA);
5.3 not use the InMobi Application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
5.4 not collect or harvest any information or data from any InMobi Application or our systems or attempt to decipher any transmissions to or from the servers running any Service.
All related icons and logos are registered trademarks or trademarks or service marks of InMobi in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Further, all content on the InMobi Application is the copyright of InMobi except the third party content and link to third party websites.
- LIMITED WARRANTY AND DISCLAIMER
7.1 If for any reason You find any functional or operational issues with the InMobi Application, InMobi agrees to provide necessary maintenance services, at no additional cost or expense within a reasonable time period. Any implied warranties including those prescribed by statute are expressly disclaimed.
7.2 NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY, THE INMOBI APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. INMOBI, INMOBI’S LICENSORS, AND DEVICE PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. INMOBI, INMOBI’S LICENSORS, AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INMOBI APPLICATION; WILL MEET YOUR REQUIREMENTS; THAT THE INMOBI APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE INMOBI APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE INMOBI APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY INMOBI, INMOBI’S LICENSORS AND DEVICE PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. 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 APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7.3 The InMobi Application may contain links to other independent third-party sites (“Third-party Sites”). Third-party Sites may include videos, images, links to third party websites, snippets etc. and the same is not under our control, and we are not responsible for and do not endorse their websites, content or their privacy policies (if any). We assume no responsibility or liability for any of Your Content or any third party content merely by providing a link to such Third-party Sites. You will need to make Your own independent judgment regarding Your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
7.4 The content displayed on InMobi Application are strictly provided for informational purposes only. Glance is itself merely a content aggregator, and hence any content published on Glance are based on facts from public domain or opinions of third parties. Glance does not directly or indirectly, endorse or recommend any security, financial product or instrument. Glance has no tax, legal or investment advice or opinion regarding the suitability, value or profitability of any particular security, portfolio or investment strategy. You expressly agree that your use of the Service and the Content is at your sole risk.
- LIMITATION OF LIABILITY
8.1 IN NO EVENT WILL INMOBI OR INMOBI’S AFFILIATES AND/OR LICENSORS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE INMOBI APPLICATION, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT INMOBI AND/OR INMOBI’S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INMOBI’S AND/OR INMOBI’S AFFILIATES’ AND/OR LICENSORS LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT OF ONE HUNDRED DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8.2 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by law.
9.1 This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, You should cease and desist from accessing the InMobi Application. Most of the features are free of cost unless otherwise specified. However, InMobi reserves the right to terminate access to certain areas or features of the InMobi Application at any time for any reason, with or without notice. InMobi also reserves the right to deny access to particular End Users to any/all of its service features without any prior notice/explanation in order to protect the interests of InMobi. InMobi reserves the right to limit, deny or create different access to the InMobi Application and its features or to change any of the features or introduce new features without prior notice provided however that InMobi will comply with all applicable privacy laws in implementing such change.
9.2 InMobi will ensure that the InMobi Application is capable of being switched off by an End User (unless any of our Device Partner has disallowed such removal from the Device). InMobi shall not be liable if the removal of the InMobi Application was disabled by the Device manufacturer/provider.
You agree to defend, indemnify and hold harmless InMobi, its Affiliates, 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 from: (i) Your use of and access of the InMobi Application; (ii) Your violation of any term of this EULA; (iii) Your violation of any third party right. This defense and indemnification obligation will survive this EULA and Your use of the InMobi Application.
- EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
- OTHER IMPORTANT TERMS
12.1 MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. InMobi reserves the right, at its discretion, to change, modify, add or remove portions of this EULA provided that in case of any material changes which impacts the rights and obligations of the user, InMobi shall notify the user of such material changes by posting the updated material terms on InMobi’s website and it shall be effective immediately on such posting. If You continue to use InMobi Application after a period of 48 hours of such posting, You will be deemed to have accepted such changes. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
12.2 Links to Third Party Apps and Sites: Links to third party sites or applications may be provided by InMobi Application as a convenience to End-User(s) and InMobi does not have any control over such sites i.e content and resources provided by them.
12.3 InMobi Application may allow End User(s) access to content, products or other services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site or applications. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of Your use of such sites. End User(s) acknowledge that InMobi has no control over such third party's site, does not monitor such sites, and InMobi shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
12.4 GOVERNING LAW AND DISPUTE RESOLUTION
Please note that this EULA, its subject matter and its formation, are governed by Singapore law. You and we both agree that the courts of Singapore will have non-exclusive jurisdiction.
12.5 All InMobi Application enquiries should be addressed to firstname.lastname@example.org