You would like to use NetObjex (as defined below) and NetObjex IoT devices (“IoT devices”) (collectively “NetObjex”) and any other OS and devices supported. NetObjex, Inc. (“NetObjex”) is willing to grant you the use of NetObjex to generate NetObjex and IoT device information on the terms and conditions set forth in this Agreement.
In order to use NetObjex and related services, you must first agree to this Agreement. If you do not or cannot agree to this Agreement, you are not permitted to use NetObjex.
Whenever capitalized in this Agreement:
“Agreement” means the NetObjex License Agreement, including any attachments and any exhibits thereto which are hereby incorporated by this reference.
“Documentation” means any technical or other specifications or documentation that NetObjex, Inc. may provide to you for use in connection with NetObjex.
“IoT device information ” means the text, descriptions, representations, content or information relating to your use of IoT device or NetObjex that you provide to your end-users on or in connection with a IoT device or NetObjex. This includes offers, coupons, promotions, advertising, video, audio, photographs, and any other information you use in connection with a IoT device or NetObjex.
“NetObjex” means the products and service(s) provided by and maintained by NetObjex for the design, production, distribution, management and analysis of the entire NetObjex platform (IoT device, application, operating system and support) (including the integration of your IoT device information).
NetObjex, Inc. with its principle place of business at 92 Corporate Park, Ste C750 Irvine, CA 92606, (855) 928-2283, firstname.lastname@example.org.
“Push Notification” means a message, including any content or data therein, that you transmit to end-users and that is delivered in your IoT device information.
“You” and “your” means and refers to the person(s) or legal entity (whether the company, organization, educational institution, or governmental agency, instrumentality, or department) using NetObjex or otherwise exercising rights under this Agreement. For the sake of clarity, you may authorize contractors to use NetObjex on your behalf.
2. Use of NetObjex and Restrictions
2.1 Permitted Uses and Restrictions
Subject to the terms and conditions of this Agreement, NetObjex. hereby grants you, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable permission to, use NetObjex.
(a) Using NetObjex’s for the sole purpose, without exception, of evaluation, development and testing and integration of NetObjex’s functionality; you understand and agree that data and intellectual property generated by you to be used with NetObjex, are issued and owned by NetObjex, and as such must NOT be distributed either publicly or privately by you under any circumstances;
3. Your Obligations
You certify to NetObjex and agree that:
(a) You are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and have the right and authority to enter into this Agreement on your own behalf, or if you are entering into this Agreement on behalf of your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that you have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement;
(b) All information provided by you to NetObjex or your end-users in connection with this Agreement without limitation, will be current, true, accurate, supportable and complete and, with regard to information you provide to NetObjex, you will promptly notify NetObjex of any changes to such information. Furthermore, you agree that NetObjex may share such information (including email address and mailing address) with third parties who have a need to know for purposes related thereto (e.g., intellectual property questions, customer service inquiries, etc.);
(c) You will comply with the terms of and fulfill your obligations under this Agreement, and you agree be fully responsible for any actions undertaken by you in relation to your use of NetObjex and its compliance with the terms of this Agreement;
(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by you in connection with NetObjex, your IoT device(s), IoT device Information and your related development and distribution efforts, including, but not limited to, any related development efforts, network and server equipment, Internet service(s), or any other hardware, software or services used by You in connection with your use of any services;
(e) For the purposes of Schedule 1, you represent and warrant that you own or control the necessary rights in order to appoint NetObjex as your worldwide agent for the delivery of your NetObjex information (including IoT device information) (if any and if needed), and that the fulfillment of such appointment by NetObjex shall not violate or infringe the rights of any third party; and
(f) you will not act in a manner which conflicts or interferes with any existing commitment or obligation you may have and no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
3.2 Use of NetObjex
As a condition to using NetObjex, you agree that:
(a) You will only use the NetObjex (including your IoT device information) for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations;
(b) You will not use NetObjex for any unlawful or illegal activity, nor to generate NetObjex information which would commit or facilitate the commission of a crime, or other unlawful or illegal act;
(c) To the best of your knowledge and belief, your NetObjex Information (including your IoT device information) does not and will not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g. photography or image rights, logo rights, third party data rights);
(d) you agree that all development of NetObjex Information (including your IoT device information) must be in accordance with the terms of this Agreement.
4. Distribution; Marketing Permissions
Subject to the terms of this Agreement, you may distribute your IoT device information to end-users by the web, email, or NetObjex. You understand and agree that your end-users must accept your IoT device information before they will be loaded into any device and can remove your IoT device information from the device at any time.
By distributing your IoT device information in this manner, you represent and warrant to NetObjex that your IoT device information and use of NetObjex complies with the terms of this agreement. NetObjex shall not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of distributing IoT device information in this manner. You also indemnify NetObjex from any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities you may incur as a result of distributing your IoT device information in this manner. You will be responsible for attaching or otherwise including, at your discretion, any relevant end-user usage terms with your IoT device information. NetObjex will not be responsible for any violations of your end-user usage terms. You will be solely responsible for all user assistance, warranty and support of your Passes.
By distributing your IoT device information as permitted in this Agreement, you hereby permit NetObjex to use
(i) screen shots of your IoT device and NetObjex Information;
(ii) trademarks, logos and images associated with your use of NetObjex;
(iii) NetObjex Information, for promotional purposes in marketing materials and gift cards, excluding those portions which you do not have the right to use for promotional purposes and which you identify in writing to NetObjex.
5. NetObjex’s Right to Review your IoT device information and Use of NetObjex
You understand and agree that NetObjex reserves the right to review and approve or reject your use of NetObjex at any time during the Term of this Agreement.
6. Liability Disclaimer
NetObjex SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF NETOBJEX, YOUR ID, YOUR IOT DEVICE INFORMATION, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY LOSS OR FAILURE TO DISPLAY YOUR IOT DEVICE INFORMATION OR ANY END-USER CLAIMS ARISING FROM ANY USE OF THE FOREGOING BY YOUR END-USERS.
To the extent permitted by applicable law, you agree to indemnify and hold harmless, NetObjex, its directors, officers, employees, independent contractors and agents (each an ” NetObjex Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs (collectively, “Losses”), incurred by an NetObjex Indemnified Party and arising from or related to any of the following:
(i) your breach of any certification, covenant, obligation, representation or warranty in this Agreement;
(ii) any claims that your NetObjex information or use of NetObjex violates or infringe any third party intellectual property or proprietary rights;
(iii) NetObjex’s permitted use, promotion or delivery of IoT device Information, metadata, related trademarks and logos, or images and other materials that you provide to NetObjex under this Agreement;
(iv) any claims, including but not limited to any end-user claims, regarding your IoT device information, or related logos, trademarks, content or images;
(v) your use of IoT device information, metadata or your development and distribution of any NetObjex related information.
To the extent permitted by law, you hereby agree to indemnify, defend and hold harmless each NetObjex Indemnified Party from any Losses incurred by such NetObjex Indemnified Party by reason of any such use.
8. Fees and Payment
As consideration for the rights granted to you under the Agreement, you agree to pay NetObjex the requisite monthly fees as set forth by NetObjex. The fees are non refundable. Any taxes that may be levied on the NetObjex software or your use of it shall be your responsibility.
NetObjex reserves the right to modify the fees and other charges for the subsequent Renewal Subscription Term upon notice to you no less than sixty (60) days prior to the beginning of such Renewal Subscription Term.
9. Term and Termination
The Term of this Agreement shall extend until the one (1) year anniversary of the original activation date of your acceptance of this Agreement (“Effective Date”). Thereafter, subject to your compliance with the terms of this Agreement, the Term will automatically renew for successive one (1) year terms, unless sooner terminated in accordance with this Agreement.
This Agreement and all rights granted by NetObjex hereunder and any services provided hereunder will terminate, effective immediately upon notice from NetObjex:
(a) if you fail to comply with any term of this Agreement and fail to cure such breach within 30 days after becoming aware of or receiving notice of such breach;
(b) if you become insolvent, fail to pay your debts when due, dissolve or cease to do business, file for bankruptcy, or have filed against you a petition in bankruptcy;
(c) if you engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to this Agreement, NetObjex may also terminate this Agreement, or suspend your rights to use NetObjex, if you fail to accept any new Agreement terms.
Either party may terminate this Agreement for its convenience, for any reason or no reason, effective 30 days after providing the other party with written notice of its intent to terminate.
10. No Warranty
The NetObjex services may contain inaccuracies or errors that could cause failures or loss of data. NetObjex, or its licensors, may provide or make available through NetObjex certain web based applications, service related software, certificate issuance services, or other services for your use (collectively the “Services” for purpose of section 6 and 10). NetObjex and its licensors reserve the right to change, suspend, remove, or disable access to any Services (or any part thereof) at any time without notice. In no event will NetObjex or its licensors be liable for the removal of or disabling of access to any such Services. NetObjex or its licensors may also impose limits on the use of or access to certain Services, or may remove the Services for indefinite time periods or cancel the Services at any time and in any case and without notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF NETOBJEX, SOLUTION AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IF WITH YOU. NETOBJEX ANY SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”. WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NetObjex, NetObjex‘S AGENTS AND NetObjex‘S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO NETOBJEX AND SERVICES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. NETOBJEX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE NETOBJEX SOFTWARE, SECURITY SOLUTION OR SERVICES, THAT THE OPERATION OF THE NETOBJEX OR THE PROVISION OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS OR ERRORS IN NETOBJEX OR SERVICES WILL BE COMPATIBLE WITH FUTURE PRODUCTS, SERVICES OR SOFTWARE OR ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY NETOBJEX SOFTWARE OR SERVICE WILL NOT BE LOST, CORRUPTED OR DAMAGED. YOU ACKNOWLEDGE THAT NETOBJEX AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES OR INACCURACIES IN THE TRANSMISSION OR STORAGE OF DATA OR INFORMATION BY OR THROUGH NETOBJEX OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NETOBJEX OR A NETOBJEX AUTHORISED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE NETOBJEX SOFTWARE, SECURITY SOLUTION OR SERVICES PROVDE DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Location data as well as any maps data provided by any Services or software is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environment damage. Neither NetObjex nor any of its licensors guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data or information displayed by any Services or software.
Any notices relating to this Agreement shall be in writing. Notices will be deemed given by NetObjex when sent to you at the email address or mailing address you provided during the registration process. All notices to NetObjex relating to this Agreement will be deemed given when sent by you at the email sales@NetObjex.com. you consent to receive notices by email and agree that any such notices that NetObjex sends You electronically will satisfy any legal communication requirements. A party may change its email or mailing address by giving the other written notice as described above.
12. Changes to the Agreement
NetObjex may change the terms of this Agreement at any time. In order to continue using the NetObjex, you must accept and agree to the new terms of this Agreement. If You do not agree to new terms, your use of the NetObjex will be suspended or terminated by NetObjex. You agree that your acceptance of such new Agreement terms may be signified electronically, including without limitation, by your checking a box or clicking on an “agree” or similar button.
13. Terms and Conditions of NetObjex Website, Site and Related Services.
Your Use of the Site: You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any NetObjex server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or NetObjex’s systems or networks.
Returns: You have 14 calendar days to return an item from the date you received it only in cases of damage or non-function. Keep in mind that only items that have been purchased directly through NetObjex website can be returned. Also, please ensure that the item you’re returning is repackaged with all the gadgets and documentation that were included when you received it. To return an item please reach out to us to verify your return details. We’ll generate a shipping label and send it over to you. Then you can either schedule a pick up with the carrier or drop off the package at any of the carrier’s locations.
Refunds: All sales are final. There are no refunds.
Privacy: By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
14. SMS Terms & Conditions
SMS Smart Charging Station Program: Participants in this program will be asked to text a message to 878787 and be asked to complete a survey. Upon completion, they will be provided free power to charge their mobile devices.
Customer Care Contact Information: Please contact email@example.com
Message and Data rates may apply for the charge.