BY CLICKING ON THE “ACCEPT” BUTTON WHEN YOU SIGN UP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BETWEEN YOU AND RHOMOBILE, INC. AND ITS AFFILIATES AND PARENT COMPANY (RHOMOBILE). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES DESCRIBED HEREIN.
Definition of RhoMobile
hoMobile includes hosted services provided by Rhomobile via www.rhomobile.com for development and hosting of applications which run natively on smartphone devices. These services include:
- * application generation
- * code (Ruby and HTML template) editing
- * building of executables
- * Over The Air (OTA) provisioning for automation of user downloads and installation
- * a mediating server (known as RhoSync) for synchronization of information to and from smartphones from application backends and databases
- * other services that may be added from over time
The term RhoMobile shall mean the services listed above either collectively or the individual components thereof.
Scope of Agreement
1. License Grant. Subject to the terms and conditions of this Agreement, Rhomobile grants You a limited, non-transferable, non-sublicensable, non-exclusive license to use RhoMobile as contemplated in the applicable documentation. You are not granted any rights or licenses in RhoMobile other than those rights expressly granted in this Agreement.
2. Accounts and Passwords. User will provide accurate, current and complete information when registering with Rhomobile or when ordering Products/Services and agrees to update its profile information if it changes. This is important, because Zebra may send notices, statements and other information to User by email or through User's account (e.g., for Hosted Services). You consent to receive electronic mail (email) and online communications and disclosures regarding your account and Rhomobile products and services. User will keep all its passwords and usernames confidential and will not share them with third parties. User is responsible for all actions taken through its accounts. You may withdraw your consent to the receipt of electronic communications at any time by contacting mailto:email@example.com
3. Permitted Uses. Unless otherwise specified in the applicable order form, the RhoMobile services are purchased as User subscriptions and may be accessed by no more than the specified number of Users. User subscriptions are for designated Users and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of RhoMobile. "Users" means individuals who are authorized by You to use RhoMobile, for whom subscriptions to the RhoMobile service has been purchased, and who have been supplied user identifications and passwords by You. You are responsible for insuring that all Users comply with the applicable terms of the Agreement. You shall use commercially reasonable efforts to prevent unauthorized access to or use of RhoMobile, and notify Rhomobile promptly of any such unauthorized access or use. You shall use RhoMobile only in accordance with the applicable documentation and applicable laws and government regulations. Availability and use of RhoMobile may be subject to limitations, such as, for example, lack of availability due to system maintenance or other reasons within or not within our control, limits on disk storage space and on the number of calls You are permitted to make against the application programming interface.
a) Permitted information: RhoMobile features the ability to synchronize information to and from a customer's backend applications or database. RhoMobile caches this information at runtime on its servers to facilitate rapid access to this information from mobile devices. However, we do not guarantee or take extraordinary measures to protect the physical security of these servers, which are hosted beyond our control. For this reason, YOU MAY NOT DEVELOP OR HOST APPLICATIONS ON RhoMobile WHICH CONTAIN ANY OF THE FOLLOWING TYPES OF INFORMATION:
- * personal financial information including credit card numbers
- * personal medical information
- * social security numbers
- * business trade secrets
- * pornographic material
- * information or material that is used in a setting that could lead to death, personal injury, or severe physical or environmental damage
- * information or material that is either illegal to transmit or related to illegal activities
RhoMobile shall be the sole judge of whether the information violates any of these criteria. We may also decide at our discretion that other information is not appropriate for use on RhoMobile and decide to terminate services.
4. Privacy of customer information. Rhomobile takes reasonable steps to safeguard a customer's data from being accessed or viewed by other Rhomobile customers or others in the outside world. In order to debug issues, Rhomobile may need to access customer information that has been cached on the RhoMobile server. Rhomobile will never reveal that specific information to a third party. Rhomobile deletes all cached information on at least a weekly basis. RhoMobile collection and use of personally identifiable information about you is subject to our Privacy Statement . This site is intended for use by persons over the age of 13. RhoMobile does not seek to collect information about children under the age of 13. No information should be submitted to or posted on this web site by users under 13 years of age. RhoMobile encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.
5. Guarantees of service. RhoMobile does not provide any guarantee of service level, uptime, availability for either development or hosting. The RhoMobile service may be unavailable and nonfunctional for extended periods of time. Rhomobile will make reasonable efforts, subject to the limitations of the third party hosting provider of the servers, to restore service. But no time period is guaranteed.
6. Ownership. Rhomobile and its licensors retain all title to and, except as expressly and unambiguously licensed herein, all rights and interest in (i) the Service, all copies and derivative works thereof (by whomever produced), (ii) additions, modifications, suggestions for improvements or additional features thereto arising during the term of this Agreement and (iii) all copyright rights, patent rights, trade secret rights and all other intellectual property and proprietary rights anywhere in the world in the any of the foregoing. Between Rhomobile and You, You retain ownership of all of your data and any programs or information created using RhoMobile. Rhomobile shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users.
7. Restrictions and Cooperation. You shall not (and shall not allow any third party to): (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, or underlying ideas or algorithms of RhoMobile (except to the extent expressly permitted under applicable law); (ii) make RhoMobile available to anyone other than Users; (iii) modify, incorporate into or with other hardware or services, or create a derivative work of any part of RhoMobile; (iv) sell, resell, rent or lease RhoMobile; or (v) disseminate performance information or analysis from any source relating to RhoMobile. You agree to cooperate with Rhomobile and its licensors in connection with their efforts to protect their copyright and other legal rights in RhoMobile.
8. Term and Termination. This Agreement commences on the date You accept it and continues until all User subscriptions granted in accordance with this Agreement have expired or been terminated. Rhomobile may terminate this Agreement at any time if You breach any terms of this Agreement.
9. Confidentiality. You acknowledge that RhoMobile contain valuable trade secrets of Rhomobile and other information proprietary to Rhomobile and its licensors. You shall keep confidential such trade secrets and proprietary information, including without limitation all information concerning ideas and algorithms related to RhoMobile.
10. Content. You shall be solely responsible for providing, verifying, updating, and uploading/downloading your data to and from RhoMobile. Your responsibility for your data shall extend to the accuracy, integrity and completeness of the data. ANY DATA YOU ENTER INTO THE RHOMOBILE SERVICES AND ANY PROGRAMS OR OTHER INFORMATION YOU CREATE WITH THE RHOMOBILE SERVICES MAY BE LOST. IT IS YOUR RESPONSIBILITY TO MAKE AND SAVE BACKUPS.
11. No Warranty. YOUR USE OF THE RHOMOBILE SERVICES IS AT YOUR OWN RISK. THE RHOMOBILE SERVICES MAY CONTAIN DEFECTS AND ERRORS. YOU ACKNOWLEDGE THAT THE RHOMOBILE SERVICES ARE PROVIDED BY RHOMOBILE AND ITS LICENSORS “AS IS” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER RHOMOBILE NOR ITS LICENSORS WARRANT THAT THE RHOMOBILE SERVICES ARE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. RHOMOBILE AND ITS LICENSORS DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE OF THE RHOMBOILE SERVICES INCLUDING, WITHOUT LIMITATION, THE CORRECTNESS, ACCURACY OR RELIABILITY OF SUCH USE OR RESULTS.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RHOMOBILE AND ITS LICENSORS WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE AMOUNTS YOU PAID FOR THE SERVICE; (II) ANY LOST DATA OR OTHER EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR ANY AND ALL LOST PROFITS, EVEN IF RHOMOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (III) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 11 SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Some jurisdictions do not permit limitations of liability for incidental or consequential damages, so the above exclusions may not apply to you. This Limitation of Liability provision survives the termination of this Agreement and applies notwithstanding any contrary provision in this Agreement. Licensee must bring any action under this Agreement within one (1) year after the cause of action arises.
13. Indemnification by You. You shall defend Rhomobile against any claim made or brought against Rhomobile by a third party relating to your use of RhoMobile. and shall indemnify Rhomobile for any damages awarded against, and for reasonable attorney’s fees incurred by, Rhomobile in connection with any such claim; provided, that Rhomobile (a) promptly gives You written notice of the claim; (b) gives You sole control of the defense and settlement of the claim (provided that You may not settle any claim unless the settlement unconditionally release Rhomobile of all liability); and (c) provides to You all reasonable assistance, at our expense.
14. Transfer. You may not transfer this license to anyone without Rhomobile’s prior written authorization. This Agreement will automatically terminate in the event of any violation of this Agreement by You.
15. Miscellaneous. A party’s failure to exercise or its delay in exercising any rights hereunder will not be deemed to be a waiver of such right. If any provision of this Agreement shall be held by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be construed pursuant to the laws of the State of New York and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized officer of Rhomobile. This Agreement and any order form which references this Agreement constitute the entire agreement between the parties and supersedes all prior agreements, proposals or representations concerning its subject matter.