MOBILE MEDIA LICENSE AGREEMENT FOR MOBILE MEDIA SOFTWARE
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE MOBILE MEDIA SOFTWARE. BY USING THIS MPOS SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, DO NOT INSTALL AND / OR USE THE SOFTWARE.
IMPORTANT NOTE: To the extent permitted, this software may be used for the reproduction of material, provided that such use is limited to the reproduction of non-copyrighted material, material in which you own the copyright, or material for which you have permission. or the legal right to reproduce it. If you are unsure of your rights to copy any material, please contact your legal counsel.
1. General.
(a) The Mobile Media software, including the materials, documentation and fonts provided with the software (collectively, the “Mobile Media software”), are licensed to you, not sold, by Mobile Media Inc. (“Mobile Media”) for use only under the terms of this license. Mobile Media and / or Mobile Media’s licensors retain title to the Mobile Media software and reserve all rights not expressly granted to you.
(b) Mobile Media may, in its sole discretion, provide future updates to the Mobile Media software for your mPOS App. The Mobile Media software updates may not include all the features of the existing software version, or may not include the new features that Mobile Media releases for the newer or different versions of Mobile Media. The terms of this license also apply to all upgrades of the software provided by Mobile Media to replace or supplement the original Mobile Media software, unless the relevant upgrade contains a separate license, in which case the terms of those separate license apply.
(c) The intellectual property rights and other proprietary rights in any material displayed or accessed using the Mobile Media software belong to the respective owner. Such material may be protected by copyright law or other intellectual property rights statutory provisions and treaties and may be subject to the terms of use of the party providing the material. Unless otherwise stated in this license, this license does not in any way grant you the right to use such material.
2. Permitted Uses and Restrictions.
(a) Under the terms of this license and to the extent permitted by the terms of use of the Mobile Media Terms of Service, you are hereby granted a limited, non-transferable license to install and use the Mobile Media software on any compatible mobile device regardless which brand you own or control. You are not permitted to distribute or make available the Mobile Media software over a network so that it can be used on multiple devices simultaneously. You are not permitted to rent, lease, lease, use, sell, transfer, redistribute or sublicense the Mobile Media software.
(b) You acknowledge and agree that you are not permitted and that you will not enable others to copy the Mobile Media software or any service provided by the Mobile Media software or any part thereof (except to the extent expressly permitted under this License and the Usage Rules), decompile, derive from design, dismantle, modify or decode or adapt, to attempt to derive source code from or create derivative works based on of said software, services or parts thereof (except if and to the extent that any of the above restrictions are prohibited by applicable law and to the extent that the above activities are permitted by the license terms relating to the use of the Open Source components in the Mobile Media software). Any attempt to do the foregoing is in violation of the rights of Mobile Media and Mobile Media’s licensors for the Mobile Media software.
(c) Unless otherwise stated in this Agreement, you are not permitted to use the photographs, images and illustrations, the audio or video materials, or similar materials (collectively, “digital materials”) that are part of or offered as part of the Use, extract, or distribute Mobile Media software on a commercial basis or otherwise as separate material. You are also not permitted to use the digital material outside the context of the intended use of the Mobile Media software.
(d) You agree that when using the Mobile Media software and services (as defined in section 5 below) you will comply with applicable laws, including the laws of the country or region where you reside or where you download or use the Mobile Media software and services.
3. Consent to use of data.
(a) Anonymous Diagnostic and Usage Information. You agree that Mobile Media and its subsidiaries and representatives may collect, manage, process and use usage information, diagnostic and technical information and related information, including but not limited to information about your computer, system and application software and peripherals. This information is collected periodically to provide software updates, product support and other services related to the Mobile Media software (if applicable) and to verify compliance with the terms of this license. Mobile Media may use this information, to the extent that it is not designed in such a way that you can be personally identified, for the purpose of improving our products or providing you with services and technologies. To enable Mobile Media partners or independent developers to improve their software, hardware or the services they have developed for use with the Mobile Media products, Mobile Media has the right to provide such partners and independent developers with such diagnostic data. relevant to that partner or developer’s software, hardware and / or services, as long as this information is formatted in such a way that you cannot be personally identified.
(b) Location Information. Mobile Media and Mobile Media’s partners and licensees may provide certain features and services through the Mobile Media software that use and / or are based on your location information. To provide such features and services, where available, mPOS and mPOS partners and licensees are permitted to transmit, collect, manage, process and use your location information. The location information is collected in such a way that it is not possible to personally identify you based on this information and may be used by Mobile Media and Mobile Media’s partners and licensees to provide and improve location-specific products and services. When you use location-specific amenities or
services provided by or through the Mobile Media software, you agree that Mobile Media and the Mobile Media partners and licensees transmit, collect, manage, process and use location data to provide such products and services to you and such products and improve services. You can turn off your consent at any time by going to the location services setting on your mobile device and turning off this setting specifically for the Mobile Media software.
(c) Mobile Media protects your data at all times in accordance with the guidelines of the Mobile Media privacy policy. These guidelines are included in this license, but can also be found at https: // mobile- media.nl/privacy policy/ .
4. Termination.
This license is effective until terminated. Your rights under this license will automatically terminate or otherwise cease to be effective without notice from Mobile Media if you fail to comply with any of the terms of this license. After the validity of this license has expired, you must cease any use of the Mobile Media software and destroy all or any partial copies of the Mobile Media software in your possession. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this license agreement will survive any such termination.
5. Third party services and materials.
(a) The Mobile Media software may provide access to a Mobile Media wallet account and other Mobile Media and third party services and websites (collectively and individually, “services”). You must have internet access to use these services, which may incur additional charges. In addition, you may need to have a Mobile Media ID and / or accept additional terms and conditions. By using the Mobile Media software in combination with a wallet account, Mobile Media ID or another Mobile Media account,
you agree to the applicable terms of service for this account, such as the most recent Mobile Media terms, which can be viewed at https://www.Mobile Media.com/terms-of-use/ .
(b) All printing and delivery services related to the Mobile Media software are made available by Mobile Media and are subject to the applicable terms and conditions at: https://mobile-media.nl/help-center/
(c) You understand and acknowledge that while using the Services, you may be confronted with material that could be perceived as improper, offensive or offensive, or with language that could be described as explicit. You nevertheless agree to use the services at your own risk and to indemnify Mobile Media from any liability to you for any material that could be perceived as improper, offensive or objectionable.
(d) Certain services may display or include content, data, information, applications or other material from third parties (“Third Party Material) or may make the aforementioned available, or may contain links to certain third party websites. Using the Services , you acknowledge and agree that it is not within the remit of Mobile Media for the content, the correctness, the completeness, the timeliness, the validity, the compliance with copyright, the legality, the decency or quality or any other inspect and evaluate any aspect of such third party material or such third party websites. of any other material or product or any other service provided by third parties, and provide you or any other person we make no warranty of any kind and accepts no liability or responsibility with regard to such material and products or services. Third party materials and links to other websites are provided for your convenience only.
(e) You agree that the Services contain content, information and material owned by Mobile Media and / or its licensors and protected by applicable proprietary notices and other laws, including but not limited to copyright and that you will only use such content or information or material in accordance with the permitted use of said services, only in a manner consistent with the terms of this license and that does not violate the intellectual property rights of other manufacturers or Mobile Media. No part of the services may be reproduced in any form or by any means. You agree not to modify, rent, lease, commission, sell, or distribute the Services or create any derivative works based on the Services in any way, and you will not use the Services use in any unauthorized manner, including but not limited to using the services for the distribution of computer viruses, worms, Trojans or other malware, violation of laws and regulations, or overloading network capacity. You further agree that you will not use the Services in any way to harass, insult, harass, harass, threaten or discredit others or otherwise use the Services that infringes the rights of any other party or harms such rights in any way, and that Mobile Media is not responsible in any way for such use by you, nor is it responsible for any harassing, threatening, defamatory, insulting, infringing or unlawful message or any transfer you receive as a result of using any service.
(f) In addition, third party services and materials that may be accessed, used, displayed in, or links to which are available from the Mobile Media software are not available in all languages or countries. Mobile Media makes no representation that such services or materials are appropriate or available for use in any particular location. To the extent you choose to use such services or materials, you do so on your own initiative and are responsible for compliance with any applicable law, including without limitation, applicable local law.
(g) Mobile Media and its licensors reserve the right to change, suspend, remove, or disable access to any service at any time without notice. Under no circumstances can Mobile Media be held liable for the removal or disabling of access to one or more of the services. Mobile Media is also entitled to impose restrictions on the use of or access to certain services, in all cases where Mobile Media deems this necessary, without prior notice and without any liability.
6. Wallet; Account balance; Redeem; Top up:
Mobile Media and Mobile Media Gift Cards and Codes (collectively, “ Mobile Media and Mobile Media Gift Cards ”) are issued and managed by Mobile Media.com (“ Mobile Media ”) and also include Mobile Media Gift Codes (collectively, “ Wallet ”). credit ‘) which – when purchased directly from Mobile Media or Mobile Media (‘ Services’) – are automatically added to the account to which the credit is linked (‘Account’). Your Account Balance is the balance of all Wallet Funds redeemed on your Account. If you have Wallet credit in your Account, purchases from the Services will first be debited from your Account. Any unused balance will remain in your Account. If you do not have sufficient funds for a particular purchase, you will be asked to pay via another payment method. If that other payment method is insufficient for the remaining amount, the transaction will be canceled.
(a) Mobile Media ID : To use Wallet credit or vouchers purchased in the Netherlands, you must have a Mobile Media ID and accept the terms and conditions of the Services. A Mobile Media ID is the account you use to access the Services.
(b) Mobile ID : To use Wallet credit or vouchers purchased in the Netherlands, you must have a Mobile ID and accept the terms and conditions of the Services. A Mobile ID is the account you use to access the Services.
Use of Your Account Balance: You can add Wallet Funds to your account by exchanging physical or digital gift cards for Account Balance or by topping up your Account Balance through the Services.
You agree that you will not use Wallet Funds in a manner that is misleading, deceptive, dishonest or otherwise harmful to Mobile Media or its customers. If Mobile Media suspects that Wallet Credit has been obtained, used or added to a Mobile Media ID / Mobile ID fraudulently, unlawfully or otherwise in violation of these terms and conditions, Mobile Media reserves the right to, without notice to you, Void or deactivate Wallet Funds (including any portion of your Account Balance) without refund, suspend or terminate customer accounts, suspend or terminate the ability to use the Services, cancel or limit orders and require alternative forms of payment.
If you use the payment method specified on the Services to top up your Account Balance, the amount of your purchase or credit transaction must be authorized prior to debiting that specified payment method.
Restrictions: Wallet credit is not redeemable for consumer cash and cannot be returned for a cash refund (unless required by law), exchanged, resold, used to purchase Gifts or Gift Cards or used to make purchases in the Mobile Media App. Wallet credit and Voucher codes can only be used to purchase content from the Services. Unused credits are not transferable. Mobile Media can provide you with information about the redemption status of Wallet credits you have purchased.
Wallet credit and Content codes purchased in the Netherlands can only be redeemed on an Account in the Netherlands. If you decide to cancel your Mobile Media ID / Mobile ID, you must spend your Account Balance before closing the account.
Risk of Loss: Mobile Media is not responsible for lost or stolen Wallet credit or Voucher codes. The risk of loss and ownership of Wallet credit and Voucher codes is transferred to the buyer, in the Netherlands, upon electronic transmission to the recipient.
Mobile Media reserves the right to close an account and request another form of payment if a Wallet credit or Voucher code has been fraudulently obtained or used with the Service.
Limitation / Exclusion of Liability: MOBILE MEDIA AND ITS LICENSORS, AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO WALLET CREDITS, VOUCHER CODES OR THE POS PRO QR + APP, INCLUDING INCLUDING LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF A GIFT CARD OR VOUCHER CODE NOT WORKING, YOUR SOLE REMEDY AND OUR SOLE LIABILITY WILL BE LIMITED TO REPLACING YOUR WALLET CREDIT OR VOUCHER CODE. THESE RESTRICTIONS MAY NOT APPLY TO YOU. SOME LAWS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
Waiver of Rights and Indemnification: BY USING WALLET CREDITS OR THE SERVICES, YOU AGREE TO – TO THE EXTENT PERMITTED BY LAW – MOBILE MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INDEMNIFIES AND INDEMNIFIES CONTRACTORS AND LICENSORS AGAINST CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF WALLET CREDITS OR OF THE SERVICES, OR ACTION OF MOBILE MEDIA IN SUCH ACTION UNDER ITS CLAIMS AGREEMENT OR AS A RESULT OF ITS CONCLUSION OR DECISION THAT A BREACH OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU WILL NOT CLAIM ANY DAMAGES FROM OR RECOVER TO MOBILE MEDIA, ITS DIRECTORS, EMPLOYEES, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS that results from a decision by Mobile Media to remove or not edit any information or content , notify you, suspend or terminate your access to the Services, or take any other action during the investigation of a suspected BREACH, or as a result of Mobile Media’s finding that a violation of this Agreement has occurred. THIS WAIVER AND INDEMNITY CLAUSE APPLIES TO ANY VIOLATIONS DESCRIBED OR INTENDED IN THIS AGREEMENT.
Governing Law: Except as expressly provided in the following paragraph, this Agreement and the relationship between you and Mobile Media are governed by the laws of the United States of America, with the exception of the terms of reference contained therein. private international law (conflict of law provisions). You and Mobile Media agree to submit to the sole and exclusive jurisdiction of the court in Rotterdam for the resolution of any disputes or claims arising from this Agreement. If you (a) are not a Dutch citizen; (b) you do not live in the Netherlands; (c) are not using the Service from the Netherlands and (d) are a citizen of any of the countries listed below, you hereby agree that any dispute or claim arising out of this Agreement will be governed by the law set out below, excluding any referral rules of private international law, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts in the state, province or country to which the law applies.
If you are a citizen of a member state of the European Union or of Switzerland, Norway or Iceland, the applicable law and forum is that of your habitual residence. The applicability of the Vienna Sales Convention is explicitly excluded.
PROMOTIONAL ACTIONS
From time to time, we may at our sole discretion organize Promotional Actions related to Wallet Credit (“Promotions”). Promotions can be run by Mobile Media or by a participating store (“Participating Store”).
The terms and conditions of a Promotion may be changed or modified at any time without notice.
Customers who redeem Wallet credit purchased during a Promotion in the Netherlands may be eligible for a cash or content bonus (“ Bonus ”) when the Wallet credit is redeemed with the Services during the promotion period on their Account.
Promotion Period: Bonuses are only available during the promotion period as defined in the Promotion Terms and Conditions and while supplies last. A Bonus must be redeemed to an Account at the end of the period specified in the Promotional Terms. To obtain the Bonus, you must be an individual end user and live within the Territory. Mobile Media reserves the right not to grant the Bonus to end users residing outside the Territory. Mobile Media or the Participating Store may change or discontinue a Promotion at any time for any reason.
Restrictions: From time to time, the Services may run Promotional Offers. These can be limited to a particular account type, device, family status, or payment method associated with your Mobile Media ID / Mobile ID. One Bonus per Mobile Media ID / Mobile ID unless stated otherwise.
Bonuses you receive in connection with a Promotion have promotional value only and not cash value.
The terms and conditions of the Services and Wallet Credit apply to redeeming eligible Gift Cards. Bonuses are non-refundable or non-exchangeable.
The Promotional Terms and Conditions do not affect the terms and conditions of the Services or Wallet credit in any way.
Your bonus is personal to you and may not be sold, transferred, assigned, shared with family members, friends or others, or used by you for any commercial purpose.
This offer is not valid if prohibited or restricted by law.
7. No guarantee.
7.1 Consumers (customers who do not use the Mobile Media software for business or professional purposes) may have legal rights in their country of residence that do not allow the following restrictions to be imposed. In that case, these restrictions do not apply. For more information about consumer rights, please contact the consumer association.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MPOS SOFTWARE AND SERVICES IS SOLELY AT YOUR SOLE RISK AND THAT THE ENTIRE RISK TO SUFFICIENT
QUALITY, PERFORMANCE, ACCURACY AND FUNCTION IS WITH YOU.
7.3 EXCEPT FOR THE MEDIA LIMITED WARRANTY DESCRIBED ABOVE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE MEDIA SOFTWARE AND SERVICES ARE “AS IS” AT THE TIME OF PURCHASE (ON “AS IS” -BASIS), PROVIDED WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND AND MOBILE MEDIA AND MOBILE MEDIA ‘S LICENSOR (S) (FOR THE PURPOSE OF SECTION 6 AND </ span > 7 COLLECTLY REFERRED TO “MOBILE MEDIA”) HEREIN EXPRESSLY EXCLUDES ALL WARRANTIES, EXPRESS AND IMPLIED OR ARISING OUT OF STATUTORY RIGHTS, RELATING TO THE MOBILE MEDIA SOFTWARE AND SERVICES, NOT EXCLUDED IN ANY EXCLUSION IN ANY EXCLUSION. SUFFICIENT QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, PROPER USE AND FOLLOW-UP OF THIRD PARTY COPYRIGHTS.
7.4 MOBILE MEDIA MAKES NO WARRANTY AGAINST AN INTERRUPTION OF YOUR USE OF THE MPOS SOFTWARE OR SERVICES AND DOES NOT WARRANT THAT THE FEATURES CONTAINED IN THE MPOS SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT WILL BE UNSURPASSABLE WITH THE MPOS SOFTWARE OR SERVICES OR THAT THE MOBILE MEDIA SOFTWARE OR SERVICES ARE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT DEFECTS IN THE MPOS SOFTWARE OR SERVICES WILL BE CORRECTED.
7.5 YOU ALSO ACKNOWLEDGE THAT THE MOBILE MEDIA SOFTWARE AND SERVICES ARE NOT INTENDED AND ARE NOT SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE PROBLEMS WITH USE OF THE MOBILE MEDIA SOFTWARE OR SERVICES, OR ERRORS OR INACCURACIES IN THE CONTENTS, DATA OR INFORMATION, OR THE MOBILE MEDIA SOFTWARE OR SERVICES MAY CAUSE DEATH, PERSONAL INJURY OR SERIOUS DAMAGE TO PERSONS, BUSINESS OR THE ENVIRONMENT, INCLUDING BUT NOT LIMITED TO THE OPERATION OF NUCLEAR DEVICES, THE CONTROL OF AERIAL SYSTEMS, AERIAL MACHINE SYSTEMS, AERIAL MACHINERY SYSTEMS THE CONSERVATION OF LIFE FUNCTIONS OR WEAPON SYSTEMS.
7.6 NO ORAL OR WRITTEN INFORMATION OR NOTICE FROM THE SIDE OF MOBILE MEDIA OR A MOBILE MEDIA AUTHORIZED REPRESENTATIVE MAY MAKE ANY WARRANTY. SHOULD THE MOBILE MEDIA SOFTWARE OR SERVICES DISPLAY DEFECTS, YOU WILL BE ACCOUNT OF ALL THE COSTS OF ANY NECESSARY REVISION, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF APPLICABLE LEGAL RIGHTS OF THE CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOBILE MEDIA SHALL IN NO EVENT BE LIABLE FOR PERSONAL INJURY, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING IN ANY CONSEQUENTIAL DAMAGES, WITHOUT ANY DAMAGES, OR DAMAGES IN ANY EVENT. BUSINESS, OR FOR ANY OTHER COMMERCIAL DAMAGE OR ANY OTHER COMMERCIAL LOSS ARISING OUT OF, OR RELATED TO YOUR USE OR INABILITY TO USE THE MOBILE MEDIA SOFTWARE OR SERVICES FOR ANY CAUSE REGARDLESS OF ANY LIABILITY (NON-PERFORMANCE, UNLAWFUL ACT OR OTHERWISE), AND EVEN IF MOBILE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, INDIRECT OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event will Mobile Media’s total liability for all damages (except where required by law in cases involving personal injury) exceed fifty euros (€ 50.00). The foregoing limitations also apply if the aforementioned liability for recourse fails to fulfill its essential purpose.
9. Export Regulations.
You are not permitted to use or otherwise export or re-export the Mobile Media software except to the extent permitted by the laws of the United States and the jurisdiction in which you acquired the Mobile Media software. In particular, but without limitation, you are not permitted to export or re-export the Mobile Media software (a) to any country embargoed by the United States or (b) to any person appearing on the US Treasury Department compiled list of Specially Designated Nationals or on the U.S. Department of Commerce composite “Denied Person’s List” or “Entity List”. By using the Mobile Media software, you declare that you are not located in such country or on any of the aforementioned lists
occurs. You also agree that you will not use the Apple software for any purpose prohibited by United States law, including, but not limited to, the development, design, manufacture, or production of nuclear, chemical, or biological weapons
10. End users within the Netherlands.
(a) The Mobile Media software and accompanying documentation are “Company Resources” as described in Invest in company resources . Company assets are items that you use in your business and that you do not want to sell. You need them to be able to make your products or provide your services to end users within the United Kingdom (a) only for sale of “Commercial Items” licensed and (b) only with the rights granted to all other end users in accordance with the conditions mentioned herein. Unpublished: rights reserved under the copyright law of the Netherlands.
(b) U.S. Government End Users. The Mobile Media software and related documentation are “Commercial Items” as defined in 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as described in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, whichever paragraph applies. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the “Commercial Computer Software” and “Commercial Computer Software Documentation” are licensed to U.S. Government end users (a) only as “Commercial Items” given and (b) only with the rights granted to all other end users under the terms set forth herein. Unpublished: Rights reserved under United States copyright law.
11. Governing law and divisibility.
This license has been prepared in accordance with and will be subject to the laws of the Dutch state, with the exception of the provisions of the Dutch state regarding the conflict of legal provisions. This license will not be subject to the United Nations Convention on Contracts for the International Sale of Goods. The application of this convention is explicitly excluded. For consumers in the United Kingdom, this license will be governed by the laws of the jurisdiction in which they are located. In the event that any provision of this agreement or any part thereof is deemed void or otherwise non-binding by a competent court, the remaining provisions of this license will remain in full force and effect.
12. Entire agreement; language version.
This license constitutes the entire agreement between you and Mobile Media relating to the Mobile Media software and supersedes any prior or contemporaneous agreements regarding this subject matter. Adjustments or changes to this license agreement are only valid insofar as they have been drawn up in written form and signed by Mobile Media. Translations of this license are made for local requirements. In the event of a difference between the Dutch, English and non-English versions, the Dutch version of this license will prevail, to the extent not prohibited by the locally applicable law in your jurisdiction.
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NOTICES FROM MOBILE MEDIA
You agree to receive any information from Mobile Media regarding your product or account via email. In addition, you agree that such communications that you receive electronically comply with legal communication requirements.
Revised 08/31/2020