Mobile Web Services End User License Agreement

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Aplus’ Universal Terms of Use and any applicable purchase orders are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use and purchase order, if any.

1. License Grant

We hereby grant to you, during the term or your subscription, a non-transferable, non-exclusive, non-sub-licensable worldwide license and right to use the mobile web services and related materials solely in connection with the services as provided. You are solely responsible for the content you transmit and display via your application, except for any third-party advertising that may be specified in your service package. We reserve the right to change or modify the service at any time.

2. License Restrictions

These license rights are subject to the following restrictions:

• a. You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the services or the related materials available, to any third party;
• b. You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services or related materials or access or use services or related materials in order to build a similar or competitive product or service;
• c. Except as expressly stated herein, no part of the services or related materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means;
• d. You shall not disclose any review of the services, including but not limited to the results of any performance tests, to any third party without our prior written approval;
• e. You shall not use or access the services to build or support, and/or assist a third party in building or supporting, products or services competitive to the services;
• f. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the services; and
• g. You acknowledge and agree that the we or our licensors own all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the services and related materials and any suggestions, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the same.

3. Third Party Transactions

Links to third party providers are provided only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website. We shall have no liability as a consequence of any third party transaction.

4. Warranty Disclaimer

YOU ACKNOWLEDGE THAT APLUS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE APLUS’ MOBILE WEB SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. APLUS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

5. Term and Termination

The term of the Services set forth in the Service Package hereunder shall commence upon the effective date set forth in the Service Package and shall continue for the period of time set forth in such Service Package (the "Subscription Term"). Except as otherwise provided in a Service Package issued by us, the Services may be renewed under our then-current applicable policies and terms, subject to our acceptance and your payment of fees for such Services.

Termination for Default. In the event of your material breach of this Agreement, we reserve the right to terminate the applicable Service Package. We may immediately suspend your account, and access to or use of the Services during such cure period if (i) you fail to make payment due to us under the Agreement and do not cure such non-payment within ten (10) business days after we have provided you with notice of such failure, or (ii) you violate any provision of this User Agreement.

Any suspension by us of the Services under the preceding sentence shall not excuse you from your obligation to make payment under the Agreement. Upon any termination of the Service Package, your right to access and use the Services (including our Mobile Web Services Materials) shall terminate. If we terminate the Services due to your default, you must pay within thirty (30) days all amounts which have accrued prior to such termination, as well as all sums remaining unpaid for services received plus related taxes and expenses.