Updated: December 2011
These license terms are an agreement between you and the Mindjet affiliate applicable to you. They apply to the mobile application that accompanies these license terms, (the “Mobile Application”). These terms also apply to any Mindjet updates, supplements, Internet-based services, and support services, if any, for this Mobile Application, unless other terms accompany those items. If so, those terms apply.
The Mindjet entity that is applicable to you depends on where you maintain your primary residence:
Europe (excluding the UK and Ireland), the Middle East or Africa:
UK or Ireland:
Mindjet (UK) Ltd.
Mindjet Co. Ltd. (KK)
Anywhere else, including the United States:
BY DOWNLOADING AND INSTALLING OR OTHERWISE USING THE MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS MOBILE END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE MOBILE APPLICATION. "YOU" MEANS THE NATURAL PERSON OR THE ENTITY THAT IS AGREEING TO BE BOUND BY THESE TERMS, THEIR EMPLOYEES, AND THIRD PARTY CONTRACTORS THAT PROVIDE SERVICES TO YOU. YOU SHALL BE LIABLE FOR ANY FAILURE BY SUCH EMPLOYEES AND THIRD PARTY CONTRACTORS TO COMPLY WITH THESE TERMS.
IF YOU COMPLY WITH THE TERMS OF THIS MOBILE END USER LICENSE AGREEMENT, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
The Mobile Application is licensed, not sold, to you for use only under the terms of this license, subject to your prior acceptance. Mindjet reserves all rights not expressly granted to you.
1. LICENSE GRANT AND USER RIGHTS FOR THE MOBILE APPLICATION
a. Scope of License. This license granted to you for the Mobile Application by Mindjet is limited to a non-transferable license to use the Mobile Application on any Android device that you own or control. This license does not allow you to use the Mobile Application on any Android device that you do not own or control, and you may not distribute or make the Mobile Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense or otherwise transfer in whole or in part the Mobile Application to another party. You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Mobile Application and these terms. You may not copy (except as expressly permitted by this license) or publish the Mobile Application for others to copy, decompile, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Mobile Application). Any attempt to do so is a violation of the rights of Mindjet and its licensors. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Mobile Application in any way that is against the law. The terms of the license will govern any upgrades provided by Mindjet that replace and/or supplement the original Mobile Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Map Usage. You may copy and use images, clip art, animations, sounds, music, shapes, video clips and templates provided with the Mobile Application and identified for such use in maps that you create. Unless otherwise specified in a license unique to a map or map template you purchase, you may distribute your maps.
c. Title and Ownership. Mindjet retains all rights, title, and interest in and to the Mobile Application and its documentation and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings in the Mobile Application and its documentation. You are not granted any rights to any trademarks or service marks of Mindjet. Mindjet retains all rights not expressly granted to you in these terms.
3. TERM AND TERMINATION. The license is effective until terminated by you or Mindjet. Your rights under this license will terminate automatically without notice from Mindjet if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Mobile Application, and destroy all copies, full or partial, of the Mobile Application.
4. SERVICES; THIRD PARTY MATERIALS.
a. Service. The Mobile Application may enable access to Mindjet’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
b. Support Services. Mindjet does not provide support services for the Mobile Application.
c. Offensive Content. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that the Mindjet shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
d. Third Party Content. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Mindjet is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Mindjet does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
e. Proprietary Content. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. Claims for copyright infringement regarding any Third Party Materials made available by Mindjet within its services should be made in accordance with the Mindjet Content Standards, available at: /static/pdf/eng/mindjet-content-standards-en.pdf. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Mindjet is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
f. No Additional Liability for Third Party Services and Materials. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Android device are not available in all languages or in all countries. Mindjet makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, You do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Mindjet, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Mindjet be liable for the removal of or disabling of access to any such Services. Mindjet may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
5. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MOBILE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE MOBILE APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MINDJET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOBILE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MINDJET DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MOBILE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MOBILE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOBILE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MINDJET OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MOBILE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MINDJET BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF COVER, SUBSTITUTE GOODS, OUT OF POCKET COSTS OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MOBILE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MINDJET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Mindjet’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty United States dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. EXPORT. You may not use or otherwise export or re-export the Mobile Application except as authorized by United States law and the laws of the jurisdiction in which the Mobile Application was obtained. In particular, but without limitation, the Mobile Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Mobile Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
8. COMMERCIAL ITEMS. The Mobile Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
9. GOVERNING LAW. If your primary residence is in the Europe (excluding the UK and Ireland), the Middle East or Africa, these terms shall be governed by the laws of Germany. If your primary residence is in the United Kingdom or Ireland, these terms shall be governed by the laws of the United Kingdom. If your primary residence is in Japan, these terms shall be governed by the laws of Japan. If your primary residence is anywhere else, these terms shall be governed by the laws of the State of California. These terms will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10. OTHER. Mindjet is a registered trademark of Mindjet in the United States and other countries. Android is a registered trademark of Google Inc. in the United States and other countries.
11. LIMITATION OF LIABILITY FOR USERS RESIDING IN A MEMBER STATE OF THE EUROPEAN COMMUNITY. If you obtained the Mobile Application in a Member State of the European Community, and you usually reside in such a country, then Section f (Limitation of Liability) does not apply. Instead, except as provided in this paragraph, Mindjet’s statutory liability for damages shall be limited as follows: (i) Mindjet shall be liable only up to the amount of damages as typically foreseeable at the time of entering into these terms in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Mindjet shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability caused by wrongful intent or gross negligence, to liability under the German Product Liability Act, to liability for assuming a specific guarantee, or to liability for culpably caused personal injuries. You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Mobile Application (as necessarily and applicable) and your data subject to the provisions of these terms.
12. THIRDPARTYREADME. The THIRDPARTYREADME is available at: http://www.mindjet.com/legal/thirdpartyreadmeandroid.