Thank you for trying out MobiNear Cast! This page contains the terms and conditions ("Terms and Conditions") for MobiNear Cast and MobiNear Cast Pro applications (collectively, "MobiNear Cast"). By downloading MobiNear Cast, you agree to this agreement either for yourself or on behalf of your employer or another entity and agree to be bound by its Terms and Conditions. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms and Conditions. The third party applications that may be distributed with MobiNear Cast remain the property of their own Intellectual Property Rights owners and may be delivered under other Terms and Conditions. If you don't have the legal authority to bind, please do NOT install MobiNear Cast.
MobiNear Cast is made available to you for your personal or internal business use in compliance with all applicable laws, rules and regulations. If you want to make commercial use of MobiNear Cast, including but not limited to selling or distributing MobiNear Cast for payment (including packaging with other Hardware or Software goods), you must enter into an agreement with MobiNear or obtain MobiNear's written permission in advance. If you are asked to register you must provide complete and accurate identification, contact, and other information required as part of the registration process. MobiNear reserves the right to refuse or discontinue participation to any applicant at any time in its sole discretion.
Except for distributions for internal business and/or personal use to your employees or contractors in compliance with these Terms and Conditions, you may not distribute MobiNear Cast or any services or software associated with or derived from it, modify, copy, license, or create derivative works from MobiNear Cast, unless you obtain MobiNear's written permission in advance. If you wish to do any of the above, please contact us at mobinearcast-license@mobinear.com.
Once you have obtained MobiNear's permission, you may make copies of MobiNear Cast and distribute such copies to others provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions. If others to whom you'd like to distribute MobiNear Cast do not have this opportunity to review and agree to these Terms and Conditions but you would still like to distribute copies to them, you may do so provided that you have the legal right to bind each of those third parties to these Terms and Conditions. If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, you may not distribute MobiNear Cast to them. If you have any questions regarding the terms of distribution, please contact us at mobinearcast-license@mobinear.com.
MobiNear Cast may communicate with MobiNear's servers (unless you are using MobiNear Cast for internal business use and your settings prevent this communication) to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, MobiNear Cast sends MobiNear a request for the latest version information. By installing MobiNear Cast (unless you are using MobiNear Cast for internal business use and your settings prevent this communication), you hereby agree to automatically request and receive Updates from MobiNear's servers.
Protecting users’ privacy is very important to MobiNear. As a condition of downloading and using MobiNear Cast, you agree to the terms of the MobiNear Cast Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. Information collected by MobiNear may be stored and processed in France or any other country in which MobiNear S.A. or its agents maintain facilities. By using MobiNear Cast you consent to any such transfer of information outside of your country.
You acknowledge that MobiNear or third parties own all right, title and interest in and to MobiNear Cast, portions thereof, or software or content provided through or in conjunction with MobiNear Cast, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from MobiNear Cast, or to extract significant portions of MobiNear Cast's files for use in other applications. You also agree to (and agree not to allow third parties to) not remove, obscure, or alter MobiNear's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through MobiNear Cast.
If you have comments on MobiNear Cast or ideas on how to improve it, please contact us at mobinearcast-feedback@mobinear.com. Please note that by doing so, you also grant MobiNear and third parties permission to use and incorporate your ideas or comments into MobiNear Cast (or third party software or content) without further compensation or approval.
MobiNear reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at mobinear.com/cast/termsandconditions.htm (or such successor URL as MobiNear may provide), so that you will be apprised of any changes.
MobiNear and any third party who makes its software or content available in conjunction with or through MobiNear Cast disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of MobiNear Cast and/or any third party software or content accessed in conjunction with or through MobiNear Cast. MobiNear Cast AND ANY THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MobiNear Cast ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MobiNear AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MobiNear AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH MobiNear Cast DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF MobiNear Cast AND SUCH THIRD PARTY SOFTWARE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE MobiNear Cast AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MobiNear Cast AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MobiNear Cast AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL MobiNear OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH MobiNear Cast BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF MobiNear Cast OR SUCH THIRD PARTY SOFTWARE OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MobiNear AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON MobiNear Cast AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MobiNear Cast, FROM INABILITY TO USE MobiNear Cast AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MobiNear Cast, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF MobiNear Cast AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MobiNear Cast (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement and all disputes arising out of or relating to this Agreement or the use of the Service, shall be governed by, and construed and interpreted in accordance with French Law. In particular, as requested by French law (N° 78-17 of January 6, 1978 related to computing, files and freedom), this site has been declared to the CNIL (i.e. "Commission Nationale de l'Informatique et des Libertés") under the number 1220752.
The Courts of PARIS, France shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.
These Terms and Conditions will be governed by and construed in accordance with the laws of France, without giving effect to the conflict of laws provisions of France or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by MobiNear and/or a third party who make its software and/or content available in conjunction with or through MobiNear Cast.