Software License

Software License Terms and Conditions for the Monitise Mobile Money Manager application

Subject to your acceptance of these Software License Terms and Conditions, we hereby grant to you a personal, limited, non-sublicensable, non-assignable, non-transferable, and non-exclusive license (“Software License”) to use the application (which shall include the right to use future updates made available to you from time to time, provided that you understand such updates may be subject to additional terms and conditions that will be disclosed 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 mobile phone belonging to you or under your control. You must register separately each additional or replacement mobile phone;
  • You may only use the application for the purpose of receiving the Monitise Mobile Money Manager 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 Mobile Money Manager service all rights granted to you in respect of the application shall immediately cease.

Acceptance of Software License

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

Termination of the Software License

  • This Software License shall commence upon your acceptance of these Terms and Conditions 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 Software License.
  • This Software License will terminate automatically if you cancel the Monitise Mobile Money Manager service and/or uninstall the application, or fail to comply with any terms or conditions of this Software License.
  • Upon termination of this Software 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.

Jurisdiction and Venue for the Software License

This Software License will be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of New York conflicts of laws. You specifically consent to personal jurisdiction in the New York in connection with any dispute between you and Monitise arising out of this Software License. You and Monitise each agree that the exclusive venue for any dispute between you and Monitise arising out of this Software License will be in the state and federal courts in New York, New York.

Liability

MONITISE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MONITISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MONITISE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

IN NO EVENT WILL MONITISE AMERICAS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THE MONITISE MOBILE MONEY MANAGER SERVICE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF MONITISE AMERICAS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.