PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING NETOBJEX. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND NETOBJEX INC.
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.
1. Accepting this Agreement; Definitions
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 an IoT device or NetObjex. This includes offers, coupons, promotions, advertising, video, audio, photographs, and any other information you use in connection with an 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. has its principal place of business at 92 Corporate Park, Ste C750 Irvine, CA 92606, (855) 928-2283, email@example.com.
“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, an 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 the 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 and fulfill your obligations under this Agreement, and you agree be to 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. etc