TERMS OF USE

This End-User License Agreement (the "Agreement") is a legal agreement between you ("Licensee"), the end-user, and Mobile Systems, Inc. ("Mobile Systems") for the use of Mobile Systems’ software products ("SOFTWARE"). By using this SOFTWARE or any part of it, you agree to be bound by the terms of this Agreement.

Should you not agree to the terms of this Agreement, please do not install this SOFTWARE.

RESTRICTIONS

You may not, nor permit anyone else, de-compile, reverse engineer, disassemble, modify or create derivative works based on the SOFTWARE or the documentation in whole or in part. You may not use the SOFTWARE for any commercial purpose or public display, performance, sale or rental. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

WARRANTY DISCLAIMER

THE SOSTWARE IS PROVIDED "AS IS", "AS AVAILABLE" AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

MOBILE SYSTEMS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SOFTWARE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SOFTWARE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SOFTWAREW IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Save to the extent required by law, Mobile Systems has no special relationship with or fiduciary duty to you. You acknowledge that Mobile Systems has no control over, and no duty to take any action regarding: which users gain access to the SOFTWARE; what Content you access via the SOFTWARE; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release Mobile Systems from all liability for you having acquired or not acquired Content through the SOFTWARE. Mobile Systems makes no representations concerning any Content contained in or accessed through the SOFTWARE, and Mobile Systems will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the SOFTWARE.

LIMITATION OF LIABILITY

In no event will Mobile Systems be liable to you for any damages, including but not limited to any loss of data, lost profits, lost savings, commercial damage or other incidental or consequential damages arising out of the use or inability to use this program directly or indirectly, or for any claim by any other party.

CARD SERVICES

Certain features of the SOFTWARE and/or certain services and products made available to you may allow you to purchase services or to redeem an offer or special using your credit card (together with “Card Services”). Mobile Systems uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the services (your “Card Account”) for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Mobile Systems is not responsible for any error that occurs during any offer or special redemption process, including any error by the Payment Processor. In connection with your use of the Card Services, Mobile Systems will obtain certain transaction details, which Mobile Systems will use solely in accordance with our Privacy Policy.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless Mobile Systems, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to the SOFTWARE. Mobile Systems reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Mobile Systems in asserting any available defenses.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California.