Fix8 TERMS + CONDITIONS

Fix8 End User License Agreement

IMPORTANT – PLEASE READ CAREFULLY

Before reading the articles below, please note the following preliminary terms, which use some of the definitions specified in Article 1 below:

Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between Mobinex, Inc. dba as Fix8 (“Fix8”) and You, as a user, for the use of the Fix8 Software. You must enter into this Agreement by clicking on the ACCEPT button in order to install and use the Fix8 Software. You hereby agree and acknowledge that this Agreement covers all Your use of Fix8 Software, whether it be from this installation or from any other terminals where Fix8 Software has been installed, by You or by third parties. Furthermore, by installing and continuing to use the Fix8 Software You agree to be bound by the terms of this Agreement and any new versions hereof.

Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the ACCEPT button or similar buttons or links as may be designated by Fix8 to show Your approval of any foregoing texts and/or to download and install the Fix8 Software, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Fix8 Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction’s Restrictions: If You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the Fix8 Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Fix8 Software is allowed.

Article 1 Definitions

In this Agreement the following capitalized definitions are being used, singular as well as plural.

1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Fix8. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.

1.3 Documentation: any online or otherwise enclosed documentation provided by Fix8.

1.4 Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above.

1.5 Fix8 Online Material: the Fix8 banner available for download on the Fix8 Website, consisting of a Fix8 logo and a link to the Fix8 Website.

1.6 Fix8 Promotional Materials: any and all trademarks, names, signs, logos, banners, Fix8 Online Material and any other materials, in whatever form, owned and/or used by Fix8 for the promotion of its company, its products and activities.

1.7 Fix8 Software: any software distributed or available by Fix8 at the Fix8 Website, which may include associated media, content, printed materials, “online” or electronic documentation, and internet-based services, as well as any future programming fixes, add-ons, content, updates and upgrades thereof.

1.8 Fix8 Staff: the officers, directors, employees and agents of Fix8 or its Affiliates, or any other persons hired by Fix8 or its Affiliates.

1.9 Fix8 Website: any and all elements, contents and the ‘look and feel’ of the website available under the URL www.Fix8.com, – among other URL’s –, from which website the Fix8 Software can be downloaded.

1.10 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Fix8 Software, the Documentation, the Fix8 Website or the Fix8 Promotional Materials.

1.11 Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account;

1.12 Terms of Service: means the agreement between Fix8 and You for the use of the software, forums, contests, promotions and other products and services of Fix8;

1.13 UI: the user interface of the Fix8 Software.

1.14 User Account: refers to the account with User ID and Password that You create for Your use of the Fix8 Software;

1.15 User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account;

1.16 You: you, the end user of the Fix8 Software, also used in the form “Your” where applicable.

Article 2 License and Restrictions

2.1 License. Subject to these Terms, Fix8 grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and download one copy of the Software on up to 3 (three) personal computer systems in machine-executable object code form only. You may make one copy of the Fix8 Software solely for your own emergency backup purposes, provided you include all copyright and trademark notices on the back-up copy.

2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Fix8 Software or any part thereof.

2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Fix8 Software or any part thereof.

2.4 Third Parties. You acknowledge and agree that the Fix8 Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Fix8 Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Fix8 Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with Fix8 or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Fix8 or its Affiliates to enforce any of your rights.

2.5 New Versions of the Fix8 Software. Fix8, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Fix8 Software. You acknowledge and agree that Fix8 has no obligation to make available to You any subsequent versions of the Fix8 Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Fix8 Software. Furthermore, You acknowledge and agree that Fix8, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the Fix8 Software, and/or disable any Fix8 Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Fix8’s discretion, are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found on the Fix8 Website, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Fix8 will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the Fix8 Software and (2) by the suspension or termination of the license or this Agreement by Fix8 and/or by You.

2.6 Services. This Agreement applies to downloading, installing and using any Fix8 Software.

Article 3 Additional Terms

3.1 Distribution of Fix8 Software. You are not allowed to distribute the Fix8 Software under this Agreement.

3.2 Any other Exceptions. If You are interested in doing anything else not expressly permitted under this Agreement or the Fix8 Terms of Use, You will have to obtain Fix8’s previous written consent and explicitly agree upon any further (commercial) terms.

3.3 Fix8 Promotional Materials. Nothing in this Agreement will give You any right to use the Fix8 Promotional Materials.

Article 4 Utilization of Your computer

4.1 Utilization of Your computer. You hereby acknowledge that the Fix8 Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the use of the Fix8 Software.

4.2 Protection of Your computer (resources). You understand that Fix8 will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however, You acknowledge and agree that Fix8 cannot and does not give any warranties in this respect.

Article 5 Confidentiality and Privacy

5.1 Fix8’s Confidential Information. You agree to take all reasonable steps at all times to protect and keep strictly confidential any confidential information regarding Fix8, its Affiliates, the Fix8 Staff, the Fix8 Software and the IP Rights.

5.2 Your Confidential Information and Your Privacy. Fix8 is committed to respecting Your privacy and the confidentiality of Your personal data. The “Privacy Policy” that is published on the Fix8 Website applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s). We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and we use Your information only as described in the Privacy Policy. We store and process Your information on computers that may be located outside Your country that are protected by physical as well as technological security devices. You can access and modify the information You provide in accordance with the Privacy Policy. If You object to Your information being transferred or used in this way please do not use our services.

Article 6 IP Rights

6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights to or arising from the Fix8 Software are and shall remain the exclusive property of Fix8 and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and IP Rights in and to any third party content that is not contained in the Fix8 Software, but may be accessed through use of the Fix8 Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

6.2 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Fix8’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

Article 7 Term and (Consequences of) Termination

7.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Fix8 or You as set forth below.

7.2 Termination by Fix8. Without limiting other remedies, Fix8 may limit, suspend, or terminate this license and Your use of Fix8 Software, prohibit access to Fix8 Website and delete Your User Account and/or User ID, with immediate effect, if we think that You are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found on the Fix8 Website, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Fix8 shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to the respective User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

7.3 Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that You will meet with the conditions as set forth in Article 7.4 below.

7.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the Fix8 Software shall terminate, and (b) will cease any and all use of the Fix8 Software, and (c) will remove the Fix8 Software from all hard drives, networks and other storage media and destroy all copies of the Fix8 Software in Your possession or under Your control.

7.5 No liability. Fix8 will not be liable in respect to any damage caused by the termination of this Agreement.

Article 8 Your Representations and Warranties; Indemnification of Fix8

8.1 Representations. You represent that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the terms of this Agreement. In any case, you affirm that you are over the age of 13, as the Fix8 Software is not intended for children under 13. If you are under 13 years of age, then please do not use the Fix8 Software. In any event, You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Fix8 Software.

8.2 Indemnification. You agree to indemnify, defend and hold Fix8, Affiliates and the Fix8 Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Fix8 Software, or (d) communication spread by means of the Fix8 Software.

8.3 Export Restrictions. You acknowledge that the Fix8 Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Fix8 Software as well as end-user, end-use and destination restrictions issued by national governments.

Article 9 Disclaimer of Warranties

9.1 No warranties. THE Fix8 SOFTWARE IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; Fix8 DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE Fix8 SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE.

9.2 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Fix8 Software remains with You, to the maximum extent permitted by law.

9.3 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.

Article 10 Limitation of Liability

10.1 No Liability. YOU ACKNOWLEDGE AND AGREE THAT Fix8, ITS AFFILIATES, ITS LICENSORS AND THE Fix8 STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE Fix8 SOFTWARE.

10.2 Limitation of Liability. IN NO EVENT SHALL Fix8, ITS AFFILIATES, ITS LICENSORS OR THE Fix8 STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Fix8 SOFTWARE, EVEN IF Fix8, ITS AFFILIATES OR THE Fix8 STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Fix8 SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH Fix8 SOFTWARE.

10.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.

Article 11 General Provisions

11.1 New versions of the Agreement. Fix8 reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Fix8 Website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to You, unless You expressly accept the revised Agreement earlier by clicking on the accept button. The express acceptance by You, or Your continued use of the Fix8 Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement on the Fix8 Website. Fix8 reserves the right to make changes to this Agreement from time to time.

11.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and Fix8 with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

11.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

11.4 No waiver. The failure of Fix8 at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Fix8.

11.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.

11.6 Assignment by Fix8. Fix8 is allowed at its sole discretion to assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.

11.7 Applicable Law and Jurisdiction. The foregoing constitutes the entire and exclusive and final statement of the agreement between you and Fix8 with respect to the subject matter hereof, and govern your use of the Fix8 Software, superseding any prior agreements or negotiations between you and Fix8 with respect to the subject matter hereof. These terms and the relationship between you and Fix8 shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these terms or your use of the Fix8 Software shall be brought in the Federal or State courts located in Los Angeles County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Fix8 to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Fix8 and you as reflected in the provision, and that the other provisions of these terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Fix8 Software or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms are for convenience only and have no legal or contractual effect.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE Fix8 SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Fix8 THE RIGHTS SET FORTH HEREIN.