The MobileIron World Wide Web site (the "Website") is a copyrighted work belonging to MobileIron, Inc. ("MobileIron" or "Company"). Company grants you the right to use the Website and the features, content, or applications offered from time to time by Company in connection with the Website, including any and all Public Website Content, Private Website Content, Calculators and Tools, and Forums (collectively, the "Website Services") subject to the terms and conditions of use ("Terms of Service") set forth below.
THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE SERVICES. THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING, DOWNLOADING, AND/OR USE OF THE WEBSITE SERVICES. YOU MAY NOT USE THE WEBSITE SERVICES OR ACCEPT THE AGREEMENT IF (I) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (II) YOU ARE PROHIBITED BY LAW FROM RECEIVING OR USING THE WEBSITE SERVICES. BY ACCESSING, DOWNLOADING, OR USING THE WEBSITE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ACCESS, DOWNLOAD, OR USE THE WEBSITE SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THE AGREEMENT. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, DOWNLOAD, OR USE THE WEBSITE SERVICES.
You may be required to provide information about yourself (e.g., your name and/or email address), and may be required to choose a username and password, in order to register for and/or use certain Website Services ("Registration Credentials").
You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website Services does not violate any applicable law or regulation or the terms of this Agreement. You are entirely responsible for maintaining the confidentiality of your username and password and will notify us of any suspected unauthorized use. You agree not to use any third party’s login name or password at any time. You are solely responsible for any and all use under your Registration Credentials. You may delete your username at any time, for any reason, by following the instructions on the Website. MobileIron may suspend or terminate your username in accordance with Section 11.
Public Website Content. Subject to the terms of this Agreement, MobileIron grants you a non-transferable, non-exclusive, royalty-free, fully paid, worldwide license to reproduce and publicly display and perform the documents and other information and content made publicly available by MobileIron on the Website (the "Public Website Content") solely for the purpose of using the Websites Services as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of Company, and not to compete with MobileIron ("Acceptable Purpose").
Private Website Content. Provided that your Registration Credentials are accepted and (if required, as indicated by the Website) provided that you have purchased the Company’s products, subject to the terms of this Agreement, MobileIron grants to you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license to download, use, and view the documents and other information and content not made publicly available by MobileIron on the Website (the "Private Website Content") solely for the Acceptable Purpose. Private Website Content may include, without limitation, data sheets, technical documentation, and/or webinars.
Calculators and Tools. Provided that your Registration Credentials are accepted and (if required, as indicated by the Website) provided that you have purchased the Company’s products, subject to the terms of this Agreement, MobileIron grants to you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license to execute the return on investment (ROI) calculators and other calculators and website-based interactive tools (if any) made available by MobileIron on the Website ("Calculators and Tools") solely for the Acceptable Purpose.
Forums. Provided that your Registration Credentials are accepted and (if required, as indicated by the Website) provided that you have purchased the Company’s products, subject to the terms of this Agreement, MobileIron grants to you permission to post bugs, problems, questions, or feedback regarding the Company’s products and services on designated forums, message boards, blogs, or other locations of the Website ("Forums"), solely in compliance with the Acceptable Use Policy (defined below) and subject to Section 5.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website Services; (b) you shall not display, disclose, or make the Private Website Content, Calculator and Tools, or Forums available to any third party; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website Services; (d) you shall not access the Website Services in order to build a similar or competitive product or service; (e) except as expressly stated herein, no part of the Website Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (f) any future release, update, or other addition to functionality of the Website Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Website Content must be retained on any copies.
Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Website Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website Services or any part thereof.
Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Website Services (excluding any User Content) are owned by MobileIron or MobileIron’s licensors. The provision of the Website Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
License. By using your User Content with the Website Services, you automatically grant, and you represent and warrant that you have the right to grant, to MobileIron an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Feedback. Company will treat any feedback or suggestions you provide to Company as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Company to the contrary, you agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
ACCEPTABLE USE POLICY. The following sets forth Company's "Acceptable Use Policy":
You agree not to use the Website Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Website Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Website Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Website Services, other computer systems or networks connected to or used together with the Website Services, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Website Services.
ENFORCEMENT BY US. We have the right (but not the obligation) to review any User Content that is used with the Website Services and delete (or modify) any User Content that in our sole judgment violates this Agreement, is used in a way that in our sole judgment would violate this Agreement, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us or any user. In addition to the foregoing, we may elect to not post any submitted User Content on the Forums or delete (or modify) any User Content posted on the Forums in our sole discretion. We reserve the right (but have no obligation under this Agreement) to investigate and/or take appropriate action, including legal action, in our sole discretion against you if you violate this provision or any other provision of this Agreement, including removing your User Content from the Website Services (or modifying it), terminating your Registration Credentials in accordance with Section 11, and/or reporting you to law enforcement authorities. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information consider necessary or appropriate, including your Registration Credentials, IP addressing and traffic information, usage history, and your User Content.
THIRD PARTY ADS, WEBSITES, AND SERVICES; OTHER USERS
Third-Party Ads and Websites. The Website Services might contain advertisements of third-parties or links to third-party websites, including those for Third Party Services (defined below), (collectively, "Third-Party Ads and Websites"). Such Third-Party Ads and Websites are not under the control of Company. Company is not responsible for the content or links in any Third-Party Ads and Websites. Company provides these Third-Party Ads and Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads and Websites. You use all content and links in Third-Party Ads and Websites at your own risk. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Ads and Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
- Webinars; http://www.gotomeeting.com
- Blogs; http://www.wordpress.com, http://www.twitter.com
- Support Forums and Registration; http://www.salesforce.com and http://www.marketo.com
- Directions; http://www.mapquest.com
Other Users. Each Website user is solely responsible for any and all User Content that is posted by such user on the Website Services. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Website users are solely between you and such user. You agree that MobileIron will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
THE WEBSITE SERVICES (INCLUDING THE THIRD PARTY WEBSITE SERVICES) ARE PROVIDED “AS-IS” AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE SERVICES (INCLUDING THE THIRD PARTY WEBSITE SERVICES): (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE MAKE NO WARRANTY REGARDING THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WEBSITE SERVICES (INCLUDING THE THIRD PARTY WEBSITE SERVICES), INCLUDING ANY OTHER PRODUCTS AND SERVICES ON THIRD-PARTY ADS AND WEBSITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE SERVICES (INCLUDING THE THIRD PARTY WEBSITE SERVICES), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE SERVICES (INCLUDING THE THIRD PARTY WEBSITE SERVICES) ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
RELEASE. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website users or Third-Party Ads and Websites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY. You agree to indemnify and hold MobileIron, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access, download, or use of the Website Services, (ii) your User Content, or (iii) your violation of this Agreement. MobileIron reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MobileIron. MobileIron will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Website Services. We may (a) suspend your rights to use the Website Services (including your Registration Credentials) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Website Services in violation of this Agreement or if we believe you are younger than thirteen (13). Upon termination of this Agreement, your Registration Credentials and right to access and use the Website Services will terminate immediately. You understand that any termination of your Registration Credentials involves deletion of your User Content associated therewith from our live databases. MobileIron will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Registration Credentials or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.5 - 2.7 and 3 - 12.
COPYRIGHT POLICY. MobileIron respects the intellectual property of others and asks that users of our services do the same. In connection with our services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for MobileIron is:
815A East Middlefield Road
Mountain View, CA 94043
Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any substantial changes, we will notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Website. Any material changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of this agreement may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
U.S. Export Controls. No software may be downloaded from the Website Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using any software, you represent and warrant that such download or use is not in violation of any such law.
Dispute Resolution. If you believe that Company has not adhered to this Agreement, please contact Company by e-mailing us at: email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Copyright/Trademark Information. Copyright © 2009, MobileIron. All rights reserved. and all other trademarks, logos and service marks ("Marks") displayed on the Website Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
These Terms of Service were last revised on May 19, 2009.