MōBrowser Commercial License Agreement

Version 2

IMPORTANT [PLEASE READ CAREFULLY]: BY ACCESSING, DOWNLOADING, USING MŌBROWSER OR ANY RELATED DOCUMENTATION ("MŌBROWSER") YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS, DOWNLOAD OR USE MŌBROWSER.

TEAMDEV MAY UPDATE THIS AGREEMENT WITHOUT ANY PENALTY TO TEAMDEV. THE AGREEMENT MODIFICATION DATE WILL BE REFLECTED AS "LAST UPDATED" AT THE TOP OF THIS PAGE. TEAMDEV SHALL NOT BE RESPONSIBLE TO NOTIFY YOU ON ANY UPDATES, BY CONTINUING TO USE MŌBROWSER, YOU AGREE TO BE BOUND BY THE UPDATED VERSION OF THE AGREEMENT.

This is a legal agreement (“Agreement”) between you (either an individual or an entity) “Developer” or “You”, and TeamDev Management OÜ, acting under trademark TeamDev (“TeamDev”), which maintains its principal place of business at Narva mnt 7-559, Kesklinna linnaosa, Tallinn, 10117, Estonia.

Definitions 

a) “MōBrowser” means TeamDev-owned framework for building cross-platform desktop apps with web technologies. MōBrowser may include executables, utilities, binary files, source code files, static and dynamic libraries, graphic materials, media, documentation, and other materials.

b) “License Key” means a string with a combination of letters and numbers that allows Developer to use MōBrowser in accordance with this Agreement. License Keys may include keys for using MōBrowser on physical or virtual machines.

c) “Third Party Components” means third party software that is owned and licensed by parties other than TeamDev and that are integrated with or made part of MōBrowser.

License Grant 

2.1. Subject to the payment of the applicable subscription fees and to the terms and conditions of this Agreement, TeamDev hereby grants to You a non-exclusive, non-transferable license to use MōBrowser including all Updates as defined and provided in the Section 5. “Subscription, Support” of this Agreement for creation of Your programs for personal, company internal and commercial needs.

2.2. You acknowledge and agree that one license to use MōBrowser may be used by one person and allows MōBrowser use on no more than 3 computers.

2.3. For continuous integration and the use of cloud build infrastructure, Developer may also use MōBrowser on virtual machines with the following limitations: no more than 500 builds during the 24-hour period.

2.4. Developer acknowledges and agrees that MōBrowser requires internet connection. TeamDev shall have no liability for inability to use MōBrowser due to interruptions of internet connection.

Evaluation 

3.1. Subject to the terms and conditions of this Agreement, TeamDev hereby grants Developer a non-exclusive, non-transferable right to use MōBrowser and the documentation for the sole purpose of evaluation during the period of 21 calendar days (Evaluation Period).

License Restrictions 

4.1. General License Restrictions. Developer may NOT:

a) decompile, disassemble or otherwise reverse engineer MōBrowser;

b) attempt to hack, disable, defeat, deactivate or otherwise interfere with MōBrowser functionality;

c) combine MōBrowser with other software, such that can restrict, compromise, or otherwise impact the functionality of MōBrowser;

d) remove any proprietary notices or labels on MōBrowser;

e) disseminate or make available MōBrowser on the Internet;

f) make available publicly the License Key. If it is found that a License Key is made public, TeamDev reserves the right to revoke the compromised License Key without notice and further liability to TeamDev;

g) rent, lease, or otherwise transfer rights to MōBrowser;

h) use MōBrowser on more than 3 computers;

i) create more than 500 builds on virtual machines during the 24 hours period;

j) use MōBrowser after expiration of the Subscription Term;

k) use MōBrowser to create any competing product or service that competes with the framework.

4.2. Evaluation License Restrictions. In addition to the general restrictions denoted in the section 5.1., as the holder of the Evaluation License Developer may NOT:

a) use MōBrowser for commercial purposes.

Subscription, Support 

5.1. Use of MōBrowser is subject to subscription.

5.2. The period of time during which You have the right to use MōBrowser is based on Your subscription and is defined at checkout (“Subscription Term”). TeamDev will provide you a License Key which will enable you to use MōBrowser during your Subscription Term.

5.3. Subject to an active subscription TeamDev shall provide you with support services for MōBrowser that include:

a) All MōBrowser updates (“Updates”);

b) Consulting on the use of MōBrowser.

5.4. One active subscription will entitle you to use one Account on the Help Desk.

5.5. Upon expiration of your subscription ability to use MōBrowser will cease, however all the programs created by you will remain functional. The operation of the programs created with the help of MōBrowser is not dependent on the subscription.

Ownership and License 

6.1. MōBrowser is owned by TeamDev, copyrighted and protected by copyright laws and international treaty provisions. MōBrowser is licensed, not sold. By accessing, downloading or using MōBrowser Developer will not acquire any rights to MōBrowser except as expressly set forth in this Agreement. All rights not expressly granted herein are reserved by TeamDev.

6.2. The rights to the Third Party Components used by MōBrowser are property of their respective copyright owners.

Payment 

7.1. Subscription fee is paid to TeamDev directly or through a payment processor.

7.2. If you are paying via the payment processor, you may choose automatic renewal of your subscription. By choosing this option, you allow our payment processor to automatically charge subscription fees from the specified source until you unsubscribe.

7.3. TeamDev agrees to deliver the License Key to You within 3 business days upon receiving the subscription fee.

7.4. In the event of non-payment of the subscription fee for any given month TeamDev reserves the right to restrict the use of MōBrowser immediately and without prior notice. The ability to use MōBrowser will be reinstated upon receipt of the outstanding payment.

7.5. All subscription fees payable under this Agreement are non-refundable and are exclusive of any applicable taxes. In addition to other amounts payable under this Agreement, you shall pay any and all federal, state, municipal, or other taxes, duties, fees, or withholding currently or subsequently imposed on your use of MōBrowser or the payment of license fees to TeamDev. If TeamDev is required to pay any such tax, duty, fee, or charge, or to withhold any amount from monies due to TeamDev from you pursuant to this Agreement, you shall promptly reimburse TeamDev any such amounts.

Confidential Information 

8.1. “Confidential Information” means: (i) the technology, ideas, know-how, documentation, processes, algorithms and trade secrets embodied in MōBrowser and any Updates or such information embodied in or related to the programs that you create; (ii) any software keys related to MōBrowser or programs you create, and (iii) any other information related to this Agreement, whether disclosed orally or in writing or magnetic media, that is identified as Confidential or with a similar legend at the time of such disclosure.

8.2. The receiving party (“Recipient”) shall protect the disclosing party’s (“Discloser”) Confidential Information using the same degree of care which each party uses with respect to their own confidential information and shall not, directly, indirectly, or inadvertently: (i) use Confidential Information for purposes other than specified in this agreement; or (ii) disclose any Confidential Information to its subcontractors, agents, or other third party without the Discloser’s prior written consent, except for a limited number of employees on a need-to-know basis.

8.3. Confidential Information does not include any information that (i) is or becomes publicly known through lawful means; (ii) was rightfully in Recipient’s possession prior to receipt from the Discloser; (iii) is disclosed to Recipient without confidential or proprietary restriction by a third party who rightfully possesses the information; (iv) is independently developed by Recipient without the use of Confidential Information of the other party; or (v) is required to be disclosed pursuant to the order of a court or government agency, provided that the Recipient shall promptly provide written notice of such order to the Discloser to enable the Discloser to contest such order.

8.4. Each party’s obligations regarding the protection of Confidential Information shall survive any expiration or termination of the Agreement.

Personal Data 

9.1. You agree that MōBrowser may collect the following information classified as Personal Data by the European data protection laws: hardware ID, IP addresses, operating system information.

9.2. Developer acknowledges and agrees that TeamDev may collect and process certain personal data, such as name, surname, email, job title, and telephone of persons contacting us for purposes of evaluation of MōBrowser or licenses purchases, or for setting up accounts on the Help Center for the provision of support services. Use of personal data is described by TeamDev privacy statement, available at https://teamdev.com/terms-and-privacy/.

9.3. MōBrowser does not collect, use or otherwise process any personal data of the Developer’s end-users.

Marketing 

10.1. You agree to be identified as a customer of TeamDev and you agree that TeamDev may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in TeamDev’s marketing materials and websites. You hereby grant TeamDev a license to use your name and any of your trade names and trademarks solely in connection with the rights granted to TeamDev pursuant to this marketing section.

10.2. You and TeamDev may use the information about the business relationship pursuant to this Agreement for independent or joint marketing efforts. Examples of allowable marketing uses include creation and use of case studies, press releases, printed and online marketing materials, presentations, and business references.

Indemnity 

11.1. You are responsible and shall defend, indemnify and hold TeamDev harmless 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 attorneys’ fees), arising out of or allegedly based (in whole or in part) on: (a) Your use of MōBrowser; (b) any of Your applications using MōBrowser that infringes any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person, or defames any person or violates their rights of publicity or privacy; (c) any violation by You of any applicable law or regulation; or (d) any non-compliance by You with the terms of this Agreement.

11.2. TeamDev will notify You in writing within 30 calendar days from the date it becomes aware of the claim (provided that failure to so notify will not relieve You of Your obligation except to the extent it is prejudiced by TeamDev’s delay in providing You with such notice); (ii) You have sole control of the defense and all related settlement negotiations (provided any settlement which imposes an obligation on TeamDev is subject to TeamDev’s consent, not to be unreasonably withheld or delayed), and (iii) TeamDev will provide You with reasonable assistance, information, and authority necessary to perform the above.

Disclaimer of Warranty 

MŌBROWSER AND ANY RELATED DOCUMENTATION ARE PROVIDED ON A STRICTLY "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF MŌBROWSER REMAINS WITH YOU.

Third Party Components 

13.1. TeamDev notifies that MōBrowser may contain Third Party Components. More information is available on a corresponding documentation page: https://links.teamdev.com/mobrowser-third-party-licenses.

13.2. TeamDev and MōBrowser are in full compliance with any Third Party Components’ license to grant the license rights granted herein.

13.3. The terms and conditions governing the use of such Third Party Components are in the respective licenses of the copyright owner and not this Agreement.

Limitation of Liability 

IN NO EVENT SHALL TEAMDEV OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS TEAMDEV MŌBROWSER, EVEN IF TEAMDEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Trademarks 

This Agreement does not grant any rights to use the trademarks or trade names: “TeamDev”, “MōBrowser” or any other trademarks, service marks, logos or trade names belonging to TeamDev except as defined in the Section 10. “Marketing”. You agree not to use any marks belonging to TeamDev in or as part of the name of products created using MōBrowser.

Termination 

You may terminate this Agreement at any time. This Agreement will terminate immediately without notice from TeamDev if it is discovered that you fail to comply with any provision of this Agreement. Section 12. “Disclaimer of Warranty” and Section 14. “Limitation of Liability” shall remain effective after the termination of this Agreement.

Governing Law 

The parties agree that this Agreement is governed by the laws of the Republic of Estonia and mutually consent to the exclusive jurisdiction and venue in the courts of Tallinn, Estonia, and expressly disclaim the applicability of the laws of any other state or jurisdiction to the maximum extent possible. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs, and other expenses, including the costs and fees incurred on appeal or in a bankruptcy or similar action.

Business Forms Terms and Conditions 

Any terms and conditions in any purchase or sales order, invoice, quote, click wrap, or any other business form have no effect.