Cmobilecom Software License

This license is a legal agreement between Cmobilecom Corporation and you for the Cmobilecom software that accompanies this agreement. You agree to be bound by all the terms and conditions of this agreement by installing, copying, using or distributing the software.

1. Definitions

   1. "Cmobilecom" means Cmobilecom Corporation, New York, USA.
   2. "The Software" means all the softwares released by Cmobilecom in object code form only, including stable releases, early releases(including alpha, beta, milestones and release candidates), updates, add-on modules and documentations. The Software includes, but not limited to, Cmobilecom JPA, Cmobilecom AF, applications, modules and installer.
   3. "You"(or "Your") means an individual or legal entity exercising rights granted by this license.
   4. "Object code" means binary code or java byte code that can be executed by machine or java virtual machine.
   5. "Source code" means human readable code that needs to be compiled into object code or byte code in order to be executable by machine or java virtual machine. Source code is a code form for software development and maintenance.

2. Grant Of License

   Subject to all the terms and conditions of this agreement, Cmobilecom grants you non-exclusive, non-transferable, non-assignable limited license to use, distribute and/or host the Software in object code form.

3. Evaluation

   You may evaluate the Software for development purpose, and you need to purchase commercial licenses for production use including internal use, hosting and distribution. During evaluation, the Software may impose some limitations including limited functionalities and/or maximum number of data records.

   If you develop multiple products using the Software, then a separated license will be required for the Software used in each product.

4. Use Of License Files And Credentials

   If license files (or credentials) issued by Cmobilecom are required to run the Software,
   1. You may not disclose license files(or credentials) to any third party. License files and credentials are confidential.
   2. You may not install licenses using license files(or credentials) in more instances than permitted.
   3. You may not use any license files(or credentials) that do not belong to you (you are not the licensee).
   4. You may not change computer clock to circumvent license expiration date (if any).
   To obtain license files over secure connection using credentials, a limited set of information that is not personally identifiable will be sent to Cmobilecom license server. For details, see the Privacy Policy on the Cmobilecom.com website.

5. Restrictions Of Use

   1. The Software is copyrighted. Title to the Software is retained by its copyright owner, and the Software is not sold.
   2. You may not rent, sell, lease, assign or transfer the Software.
   3. You may not disassemble, decompile or reverse engineer the Software.
   4. You may not modify the Software except only those configurations and extensions (if any) described in the documentations accompanying the Software.
   5. You may not create a derivative work based on the Software.
   6. You may not circumvent any restrictions(if any) of the Software.
   7. You may not disclose any benchmarking results of the Software without Cmobilecom's prior consent.

6. Distribution

   If you develop your own products using the Software and require the distribution of the Software, Cmobilecom grants you the license to bundle the Software with your products for distribution subject to the following additional terms and conditions:
   1. Your products add significant functionalities to the Software.
   2. You agree to provide technical support of the Software for your customers if applicable.
   3. You agree to retain all the copyright notices, and provide this license and third party licenses(including NOTICE.txt files) to your customers.
   4. You agree to defend and indemnify Cmobilecom and its licensors against any damages, liabilities, costs(including attorneys' fees) related to any claim, lawsuit or action by any third party that arises or results from the use or distribution of any of the Software.
   5. You agree to pay a license fee for distribution.

7. Bundle And Redistribution

   If the Software is distributed by a third party bundled with its products, the Software can only be used with the third party products. You may not use the Software to run any other applications or develop new products or in any other context independent of the third party products with which the Software is acquired. Redistribution of the Software that is acquired with any third party products is not allowed without a license from Cmobilecom.

8. Hosting

   If you host your own applications as a service developed using the Software, Cmobilecom grants you the hosting license subject to the following additional terms and conditions:
   1. Your applications add significant functionalities to the Software.
   2. You agree to provide technical support of the Software for your customers if applicable.
   3. You agree to retain all the copyright notices.
   4. You agree to defend and indemnify Cmobilecom and its licensors against any damages, liabilities, costs(including attorneys' fees) related to any claim, lawsuit or action by any third party that arises or results from the use of any of the Software.
   5. You agree to pay a license fee for hosting.

9. Online Services

   Cmobilecom may provide to you or made available to you online services after you obtain the Software. Cmobilecom reserves the right to discontinue the services through the use of the Software.

10. Refund Policy

    • The license fee you paid to Cmobilecom for the Software is not refundable. Evaluate the Software thoroughly before purchasing commercial licenses.
    • The support or training fee you paid to Cmobilecom for the Software is not refundable.

11. Disclaimer Of Warranty

    CMOBILECOM AND ITS LICENSORS PROVIDE THE SOFTWARE(AND SERVICES IF ANY) "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.

12. Limitation Of Liability

    IN NO EVENT SHALL CMOBILECOM OR ITS LICENSORS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF DATA OR DATA USE, BUSINESS INTERRUPTION OR OTHER DAMAGES WHATSOEVER), INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THE USE OR DISTRIBUTION OF THE SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF CMOBILECOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF CMOBILECOM AND ITS LICENSORS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO CMOBILECOM FOR THE SOFTWARE LICENSES UNDER THIS AGREEMENT. FOR MONTHLY OR YEARLY LICENSE FEES, THE ENTIRE LIABILITY OF CMOBILECOM AND ITS LICENSORS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO CMOBILECOM DURING THE THREE(3) MONTHS FOR MONTHLY LICENSE FEES OR THE ONE(1) YEAR FOR YEARLY LICENSE FEES PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.

13. Third Party Software

    The licenses of third party software programs used by the Software are listed in NOTICE.txt contained in the Software. To use, modify or distribute any of third party software programs, comply with their licenses.

    You shall have sole responsibility to obtain and pay for any third party software necessary or desirable to run the Software.

14. Export Restrictions

    The Software is subject to U.S. export regulations. You agree to comply with all applicable international and national laws in exporting the Software including end-user, end use and destination restrictions if any.

15. Termination

    This agreement will terminate automatically if you do not purchase commercial licenses after the evaluation period ends. Cmobilecom may terminate this agreement if you fail to comply with any term of this agreement. Upon termination you must destroy all copies of the Software. Some terms will remain in effect by their natures.

16. Severability

    If any term of this agreement, or any portion thereof, is held to be unenforceable under applicable law, the term shall be reformed only to the extent necessary to make it enforceable and the remainder of this agreement will continue in full force and effect.

17. Governing Laws

    This agreement is governed by the laws of the state of New York and the intellectual property laws of the United States of America. For any dispute related to this agreement, you agree to submit the dispute to the jurisdiction of the courts in New York City, New York.

Last Updated Dec 2020