Monitise Americas Software License

License for Monitise™ application provided by Monitise Americas LLC

We hereby grant to you a non-assignable, non-transferable, non-exclusive license to use the application (which shall include future updates made available to you from time to time provided you understand such updates may be subject to additional terms notified to you at the time such update is made available) subject to the following obligations and/or restrictions:

  • You may only use the application on one single registered cell phone belonging to you or under your control. You will need to register separately each additional or replacement cell phone
  • You may only use the application for the purpose of receiving the Monitise™ service and for no other purpose whatsoever
  • The application is licensed only to you and you shall not assign, sub-license or grant any rights of use or any other rights in respect of the application to any other person
  • You shall not copy or reproduce in any way the whole or any part of the application.
  • You shall not alter, modify or adapt the whole or any part of the application
  • You shall not remove or tamper with any copyright notice attached to or contained within the application and you acknowledge and agree that as between us and you all ownership in the application remains with us
  • On any termination of the Monitise™ service all rights granted to you in respect of the application shall immediately cease

Liability

  • The Monitise™ application is provided "as is" with no representation, guarantee or warranty of any kind as to its functionality
  • We will use reasonable endeavors to ensure that the Monitise™ service will be accessible from Java compatible cell phones; however we cannot guarantee that the application will be compatible with every type of cell phone

Termination

  • This license shall commence upon your acceptance of this license or when you install the application (whichever is first) and shall continue until terminated in accordance with the following clause or otherwise in accordance with this license
  • This license will terminate automatically if you cancel the Monitise™ service and/or uninstall the application, or fail to comply with any term or condition of this license
  • Upon termination of this license for any reason whatsoever you must uninstall the application and destroy all copies of the application including all components of it in your possession

Law and Jurisdiction

This license will be governed by the internal laws of the State of New York, excluding its principles of conflict of laws. The federal and state courts located in New York, New York shall have exclusive jurisdiction to settle any dispute arising out of this license.

Acceptance of License

You will be deemed to have accepted the terms of this License by installing the application onto any cell phone.