End User License Agreement
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND AMDOCS SOFTWARE SYSTEMS LIMITED ("AMDOCS) RELATED TO YOUR USE OF THE APPLICATION. BY INSTALLING AND/OR USING THE APPLICATION AND/OR BY INDICATING YOUR ACCEPTANCE, YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS STATED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, DO NOT INSTALL OR USE THE APPLICATION. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS AS PRESENTED TO YOU â ANY CHANGES, ADDITIONS OR DELETIONS BY YOU TO THESE TERMS AND CONDITIONS WILL NOT BE ACCEPTED BY AMDOCS AND WILL NOT BE PART OF THIS AGREEMENT.
"Amdocs" refers to Amdocs Software Systems Limited, for and on behalf of itself and its affiliates. "You" and "Your" refer to the individual or entity that has agreed to use the Application (as defined below) in accordance with this Agreement.
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States, excluding its provisions related to conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any claim or dispute arising out or relating to this Agreement, not resolved by good faith negotiations shall be resolved exclusively by arbitration. The arbitration will be conducted in New York, NY in the English language by a sole arbitrator pursuant to the rules of the American Arbitration Association.
Subject to the terms set forth in this Agreement, Amdocs grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable, right to install and run Amdocs Smart Support (the "Application") on Your mobile device solely in connection with Your authorized use of Amdocs product support service (the "Service").
TERMS AND CONDITIONS OF SERVICE
The Service is restricted to authorized users only. Your usage of the Service is subject to the provisions of the agreement(s) between the company to which your user ID and password were allocated and Amdocs, including all confidentiality and non-disclosure undertakings. Any unauthorized attempt access the Service will also be considered a criminal offense and may lead to criminal prosecution.
Any documentation related to the Service cannot be reproduced, downloaded, disseminated, published, transferred, or combined with any other materials, in whole or in part, in any form or by any means, without the prior written consent of Amdocs. These materials are confidential, and shall be returned to Amdocs upon request. Amdocs reserves the right to revise the documentation included with the Service and to make changes in the content from time to time without notice. The trademarks and service marks of Amdocs, including the Amdocs mark and logo, Ensemble, Enabler, Clarify, Return on Relationship, Intelecable, Collabrent, Intentional Customer Experience, QPASS and Cramer are the exclusive property of Amdocs, and may not be used without permission. All other marks are the property of their respective owners
DATA COLLECTION AND PRIVACY
The Application may collect information, including information You provide directly or through automated means, such as the type of device and OS used with this Application, location-based services, usage, login credentials, and other information related to the Service.
You acknowledge and agree that Amdocs and/or its licensors own all right, title and interest in the Application and to any documentation, training materials, designs, discoveries, inventions, know-how, techniques, fixes, patches, work-arounds, upgrades, updates, customizations, modifications, enhancements or derivative works of the Application, provided by Amdocs or otherwise. You are not receiving any title or ownership rights in any of the foregoing, in whole or in part.
You shall not (i) copy, reverse engineer, disassemble, reverse translate, decompile, or in any other manner decode the Application, in order to derive the source code or for any other reason; (ii) modify, enhance, adapt, or translate the Application; (iii) make any derivative works of the Application; (iv) make the Application available to any third party; (v) distribute, resell, rent, lease, sublicense or loan the Application to any third party for outsourcing or any other purpose whatsoever; or (vi) use the Application in any manner inconsistent with its intended purpose.
THIRD PARTY SOFTWARE
Any portion of the Application that is licensed by Amdocs from a third party ("Third Party Software") and sublicensed or otherwise provided to You hereunder, is subject to the terms and conditions of the license associated with such Third Party Software.
DISCLAIMER OF WARRANTIES AND EXCLUSIVE REMEDIES
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" BASIS.
TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, AMDOCS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND, ARISING BY LAW OR OTHERWISE, RELATED TO THE APPLICATION, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR TITLE. AMDOCS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, AVAILABILITY, RELIABILITY OR COMPLETENESS OF THE APPLICATION OR THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT IS COMPLETELY SECURE.
REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT WILL AMDOCS OR ITS LICENSORS OR AFFILIATES BE LIABLE FOR (i) ANY SPECIAL, INDIRECT, INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THIS APPLICATION, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA, LOSS OF USE OR LOSS OF REVENUES OR PROFITS OR THE USE OR PERFORMANCE OF THE APPLICATION, EVEN IF INFORMED OF SUCH DAMAGES; OR (ii) FOR ANY THIRD PARTY CLAIMS AGAINST YOU. AMDOCS' MAXIMUM LIABILITY UNDER THIS AGREEMENT AND/OR RELATED TO THE APPLICATION WILL NOT EXCEED US$1,000.
You acknowledge that Amdocs does not have any obligation under this Agreement to furnish technical support or updates for the Application.
Amdocs may terminate the license granted herein at any time upon notice to You. In addition, Your right to use the Application will terminate upon (i) the expiration, termination or suspension of the Services (ii) You're failure to comply with any of the terms set forth in this Agreement. The provisions of this Agreement that by their nature continue shall survive any expiration or termination of this Agreement.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws and regulations. Without limiting the foregoing, the Application may be subject to U. S. and other governmental export control regulations.