1.2 All intellectual property rights therein including but not limited to any images, photographs, video, audio, music, animation, text embedded in the software, Trademark, Service Marks belong to Licensor and the Licensee (also referenced herein as “You” or “Your”) should adhere to the related Terms and Conditions. The structure, organization, and code of Mobiscroll are the valuable trade secrets and confdential information owned by Licensor. Mobiscroll is protected by copyright and other intellectual property laws and treaties. All rights not expressly granted herein are reserved by Licensor. The UI Framework and its components that is subject to this license is referred to in this license as “Mobiscroll”.
2.2 Licensee may provide you with support services/materials related to the Trial. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Mobiscroll Framework and subject to the terms and conditions of this EULA.
2.3 You may receive minor updates for the Software version You are evaluating. You may use the resulting updated Software only in accordance with the terms of this Trial License.
2.4 The Trial version is ofered on an “AS IS” basis and no warranty, either express or implied, is given. Licensor expressly disclaim and exclude, to the maximum extent permitted by applicable law, all warranties, conditions undertakings or representations of any kind, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, ftness for a particular purpose and non-infringement.
3.2 Licenses are shipping with a prescribed number of seats. To provide access of tools and technical support to multiple developers, additional seats may be purchased by Licensee.
3.3 Licensor may also provide some new features/add-ons to Mobiscroll, which can be purchased by paying a prescribed fee.
3.4 You may not distribute or make Mobiscroll available over a network where it could be used by multiple users at the same time, except as necessary for Licensee’s use of Mobiscroll with respect to the License. You must not remove or alter any copyright notices on any and all copies of Mobiscroll. You may not rent, lease, lend, sell, redistribute or sublicense Mobiscroll. You agree not to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Mobiscroll, any updates, or any part thereof, except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of Mobiscroll.
3.5 Any attempt to do so is a violation of the rights of Licensor. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any add-ons/upgrades provided by Licensor that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Any information supplied by Licensor or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any Product/Application which is substantially similar to the expression of Mobiscroll. Requests for information should be directed to Licensor's Customer Support Department.
3.6 You may have the right upon certain conditions specifed in the applicable law to decompile the Library if it is necessary to do so in order to achieve interoperability of the Library with another software program, and you have frst asked Licensor in writing to provide the information necessary to achieve such operability and Licensor has not made such information available. In addition, such decompilation may only be performed by you or someone else entitled to use a copy of Mobiscroll on your behalf. Licensor has the right to impose reasonable conditions before providing such information. Any information supplied by Licensor or obtained by you, as permitted herein, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any Library/Framework/Software that is substantially similar to the expression of Mobiscroll or used for any other act that infringes the copyright of Mobiscroll or its Licensor.
5.2 Licensor may limit your usage or terminate your access to any or all of the Support Services available, if your use of the Support Services is found to be excessive as determined by Licensor.
5.3 Licensor will not provide any support services to end-users of your integrated products.
7.2 To the maximum extent permitted by law, Licensor agrees to defend, indemnify, and hold Licensee harmless, its afliates and their respective directors, ofcers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) sustained by it as a result of a claim or allegation that the use of Mobiscroll, as licensed in this Agreement, infringe any intellectual property rights of any third party, provided that, Licensee promptly notifes Licensor in writing of the claim and Licensor has sole control of its defense and settlement, and receives reasonable assistance from Licensee in its defense and settlement, and Licensee makes no admission or settlement in respect of such claim.
8.2 Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within Mobiscroll.
8.3 In case there is a defect in Mobiscroll, Customer may request from Licensor either a refund or a repaired or replacement copy of Mobiscroll. Requests must be accompanied by proof of purchase.
11.2 If any part of this Agreement is found void and unenforceable, it will not afect the validity of the remaining parts of the Agreement, which shall remain valid and enforceable according to the terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. Updates/ add-ons may be licensed to you by Licensor with additional or diferent terms. This is the entire agreement between Licensor and You relating to Mobiscroll and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to Mobiscroll. The failure of Licensor to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to Licensor.