END USER LICENSE AGREEMENT FOR ONECLUBNET

 

This is a legally binding end user license agreement (“EULA”) between you (“You”) and MobiCom eCommune Inc, a Delaware corporation located at 15851 Dallas Parkway, Suite 600, Addison, Texas 75001 (“MobiCom” or “Us” or “We”) governing your use of the OneClubNet app licensed by MobiCom.

 

PLEASE READ IT CAREFULLY. BY CLICKING “I AGREE,” OR INSTALLING THE ONECLUBNET APP AND/OR ANY UPDATES FROM AN APP STORE OR BY STREAMING ITS CONTENT FROM ANY WEB PORTAL OWNED BY MOBICOM (COLLECTIVELY, THE “MOBICOM ONECLUBNET SOFTWARE”), YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

 

Please note that any reference made to an “App Store” shall mean Google Play, Apple App Store or any other online store from which you have downloaded the MobiCom OneClubNet Software.

 

The MobiCom OneClubNet Software, which allows you to connect to the OneClubNet ecosystem,   may be used by members of clubs, clubs, brands, corporates and their employees. By downloading or streaming the MobiCom OneClubNet Software you undertake that you i) have obtained permission from your club/brand/corporate to use the MobiCom OneClubNet Software; or ii) are authorised to agree to the terms and enter into this EULA on behalf of your club/brand/corporate.

 

You may not view, access or use the MobiCom OneClubNet Software in any manner whatsoever if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with MobiCom, or (c) are prohibited from accessing or using the MobiCom OneClubNet Software or any of its contents, goods or services by applicable law. If you are a minor i.e. below the age wherein you can form a legally binding contract under applicable law, you may use the MobiCom OneClubNet Software only with the involvement of a parent or guardian and take full responsibility for compliance with the terms and conditions of this license.

This End User License Agreement was last updated on ____________. It is effective between you and MobiCom as of the date you first download, install or use the MobiCom OneClubNet Software, whichever is earliest.

 

  1. 1.LICENSE:  

     

The MobiCom OneClubNet Software is protected by applicable to intellectual property laws. MobiCom retains all title and ownership in the MobiCom OneClubNet Software.

 

This is a limited, non-exclusive, revocable, non-transferable license to install, use, access, display and run the MobiCom OneClubNet Software on any mobile device that you own or control, subject to the terms and conditions herein. The MobiCom OneClubNet Software, is licensed, not sold, to you by MobiCom and we reserve all rights not expressly granted to you. You own the media or device on which the MobiCom OneClubNet Software is recorded or stored but MobiCom and its licensors (if any) retains ownership of the MobiCom OneClubNet Software itself.

 

  1. 2.GENERAL TERMS:  

     

  1. (a)By using the MobiCom OneClubNet Software, you agree that the MobiCom OneClubNet Software may access your content; however, we will only process the same in accordance with our Privacy Policy.  

  2. (b)Further, you agree that you will use the MobiCom OneClubNet Software only in accordance with our Terms of Use .  By using the MobiCom OneClubNet Software, you accept that you have read, understood and agreed to our Privacy Policy and Terms of Use. 

  3. (c)Your use of the MobiCom OneClubNet Software must comply with the applicable App Store rules as set forth in your App Store terms of use. The license granted to you for the MobiCom OneClubNet Software is a non-transferable license to use the MobiCom OneClubNet Software on the device you own or control and as permitted by the rules set forth in the App Store terms of service. 

  4. (d)The App Store may, at any time and without notice, restrict, interrupt or prevent use of the MobiCom OneClubNet Software, or delete the MobiCom OneClubNet Software from your devices, or require us to do any of the foregoing, without entitling you to any compensation from MobiCom or any third party (including, but not limited to, the App Store or your network connectivity provider).  

  5. (e)You will comply with applicable third party terms of agreement when using the MobiCom OneClubNet Software.  


  1. 3.PERMITTED LICENSE USES AND RESTRICTIONS 

     

  1. (a)The MobiCom OneClubNet Software can be accessed through supported devices. A supported device is either an Apple or Android device model along with relevant iOS/android software version(s) that supports the MobiCom OneClubNet Software. This EULA allows you, as an authorized user to use the MobiCom OneClubNet Software on any supported device and on no other devices, except as otherwise set forth herein.  

  2. (b)You will be assumed to have obtained permission from the owners of devices that are controlled, but not owned by you and to download a copy of the MobiCom OneClubNet Software onto the devices. You and they may be charged by your and their service providers for internet access on the devices. You accept responsibility in accordance with the terms of this EULA for your use of the MobiCom OneClubNet Software or any service on or in relation to any device, whether or not it is owned by you. 

  3. (c)You may not license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the MobiCom OneClubNet Software or make the MobiCom OneClubNet Software available to any third party.  

  4. (d)With respect to updates to the MobiCom OneClubNet Software that MobiCom may make available for download, this EULA allows you to download such MobiCom OneClubNet Software updates to update or restore the MobiCom OneClubNet Software on any supported device.  

 

  1. 4.TERMS REQUIRED BY APPLE INC 

     

If you are using the MobiCom OneClubNet Software on an Apple device, you agree and accept the following:

  1. (a)This EULA is between you and MobiCom only, and not with Apple Inc. (“Apple”). We are solely responsible for the MobiCom OneClubNet Software and content thereof.  

  2. (b)MobiCom is solely responsible for providing any maintenance and support for the MobiCom OneClubNet Software in accordance with this EULA and any applicable law and Apple has no obligation to provide the same.  

  3. (c)To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the MobiCom OneClubNet Software, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. In the event of any failure of the MobiCom OneClubNet Software to conform to any applicable warranty, and your notification to Apple of the same, Apple’s responsibility will extend at the maximum to refund the purchase price (if any) for the MobiCom OneClubNet Software.  

  4. (d)MobiCom is solely responsible for addressing claims, and Apple shall have no responsibility for addressing any claims by you or any third party relating to the MobiCom OneClubNet Software or your possession and/or use of the MobiCom OneClubNet Software, including but not limited to product liability claims, (ii) any claim that the MobiCom OneClubNet Software fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection, privacy or similar legislation.  

  5. (e)We, and not Apple, shall be responsible for investigating, defending, settling and discharging any third party infringement claims that the MobiCom OneClubNet Software, or your possession and use of the MobiCom OneClubNet Software, infringes a third party's intellectual property rights.  

  6. (f)You represent and warrant that (i) the MobiCom OneClubNet Software will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  

  7. (g)You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that Apple will have the right to enforce the EULA against you as a third party beneficiary thereof. 


  1. 5.INTELLECTUAL PROPERTY RIGHTS 

     

You acknowledge that all intellectual property rights in the MobiCom OneClubNet Software, and all related documents and underlying technology anywhere in the world belong to us and that rights in the MobiCom OneClubNet Software are licensed (not sold) to you, and that you have no rights in, or to, the MobiCom OneClubNet Software other than the right to use each of them in accordance with the terms of this EULA.

 

Except to the extent permitted by licensing terms governing the use of any open-sourced components included with the MobiCom OneClubNet Software, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the MobiCom OneClubNet Software or MobiCom OneClubNet Software updates/upgrades, or any part thereof. Any attempt to do so is a violation of the rights of MobiCom and/or its licensors. You acknowledge that you have no right to have access to the MobiCom OneClubNet Software in source-code form. If you, directly or indirectly violate this restriction, you may be subject to prosecution and damages.

 

  1. 6.INDEMNITY 

     

You will indemnify, defend and hold us harmless against any claim, demand, suit or proceeding made or brought against us by a third party alleging that any data that you upload into the MobiCom OneClubNet Software, or your use of the MobiCom OneClubNet Software and any services thereto infringes or misappropriates such third party’s intellectual property rights or violates applicable law (a “Claim Against MobiCom”), and will indemnify us from any damages, fees (including attorney fees), expenses and costs finally awarded against us as a result of, or for any amounts paid by us under a court-approved settlement of, a Claim Against MobiCom.

 

  1. 7.WARRANTY 

     

You expressly acknowledge and agree that use of the MobiCom OneClubNet Software is at your sole risk. To the maximum extent permitted by applicable law, the MobiCom OneClubNet Software and any services performed or provided in relation thereto are provided "as is" and “as available,” with all faults and without warranty of any kind, and MobiCom hereby disclaims all warranties, guarantees and conditions with respect to the MobiCom OneClubNet Software and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, or of accuracy. No oral or written information or advice given by MobiCom or its authorized representatives shall create a warranty. You may have additional consumer rights under the laws of your jurisdiction that MobiCom cannot change.

  1. 8.LIMITATION OF LIABILITY 

     

To the extent permitted by applicable law, in no event shall MobiCom be liable for personal injury or any incidental, special, indirect or incidental, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the MobiCom OneClubNet Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if you have been advised of the possibility of such damages. The limitation applies to anything related to the MobiCom OneClubNet Software and/or any services, content etc., in relation to the MobiCom OneClubNet Software, including on any third party sites or programs.

  1. 9.TERM AND TERMINATION 

     

This EULA is effective until terminated by you or by us. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. We may terminate this EULA at any time without cause.

 

On termination for any reason:

  1. (a)All rights granted to you under this EULA shall cease; 

  2. (b)You must immediately cease all activities authorized by this EULA, including your use of the MobiCom OneClubNet Software and any services thereto; and 

  3. (c)you must immediately delete or remove the MobiCom OneClubNet Software from all devices. 

Termination of this EULA shall not entitle you to any refund, credit, or other compensation from MobiCom under this agreement or any other agreement or from any third party.

 

  1. 10.OTHER IMPORTANT TERMS 

     

  1. (a)We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA. 

  2. (b)If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

  3. (c)The terms of this EULA will govern any upgrades provided by us, unless such an upgrade is accompanied by a separate license. 

  4. (d)Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

  5. (e)Please note that this EULA, its subject matter and its formation, are governed by the laws of the state of Delaware, United States of America. You agree that the courts of Delaware will have exclusive jurisdiction over any disputes arising out of this EULA. 

  6. (f)For any legal clarifications or communications regarding the MobiCom OneClubNet Software, please contact us at support@oneclubnet.com.