Effective Date: June 28, 2012
This Agreement is a legal agreement between you and MoboTap, Inc., for Dolphin Developer Services. These Developer Services include the Dolphin Open Platform API, the Dolphin PhoneGap Add-on API, and related documentation, tools and services. The Dolphin Open Platform API consists of programmatic API’s, interface definitions, code libraries, and associated tools and documentation that enable you to create Add-on software applications that interact with the Dolphin browsers to provide new functionality. The Dolphin PhoneGap Add-on API allows you to create web applications that offer enhanced functionality, especially access to device features such as camera and GPS, by interacting with Dolphin browsers that use the Dolphin PhoneGap Add-on.
MoboTap reserves the right to change the terms and conditions of this Agreement at any time, and such changes will be effective upon notice to you. Your continued use of the Dolphin Developer Services after any such change will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using Dolphin Developer Services.
1. License. MoboTap encourages you to make your developed Dolphin Add-ons available under an open-source license such as the MPL for source code and a Creative Commons license for creative works. If you choose not to use such a license, then you must grant MoboTap the following license in order to use the Open Platform: You grant to MoboTap and its affiliates a non-exclusive, worldwide, royalty-free, sublicensable license to distribute, transmit, reproduce, publish, publicly and privately perform and display and otherwise use the Open Platform, including any updates, solely in connection with MoboTap’s provision of the Open Platform services. MoboTap and its affiliates may also: (i) bundle and/or package, and permit users to bundle and/or package, your developed Add-ons with third-party Dolphin add-ons for delivery and promotion of the Open Platform to users; (ii) maintain and/or update your developed Add-ons for compatibility with current and new versions of Dolphin Browser or the Open Platform; and (iii) include your name, logo and/or add-on title in menus and other public displays and materials relating to Open Platform Add-ons.
2. Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Application available to any third party other than an authorized user; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application; (iii) you shall not access the Application to build a similar or competitive product or service; (iv) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; and (v) any future release, update, or other addition to functionality of the Application shall be subject to the terms of this Agreement.
3. API Keys. To work with the commercial version of the Dolphin browser, your Add-on must incorporate a unique API Key (a special character sequence) issued by MoboTap. You can apply for an API Key on the Dolphin developer website. Other uses for the API Key, such as accessing developer services or managing your account, may be assigned at the discretion of MoboTap. You and your Add-on must only use valid API Keys issued to you by MoboTap. You may not sell, transfer, sublicense or otherwise share an API Key with any other party, or use it with any other Application than the one specified when you initially requested it. You are responsible for maintaining the secrecy and security of your API Keys. You are fully responsible for all activities that occur using your Keys, regardless of whether such activities are undertaken by you or a third party. You are responsible for giving MoboTap up-to-date and accurate information relevant to your API Keys, including a current email address and other required contact information. MoboTap may disable your API Key or otherwise discontinue your access to the API if such information is not kept up-to-date or you do not respond to communications.
4. Management of Add-ons. MoboTap may manage the third-party Dolphin Add-ons in a manner designed to facilitate the integrity and proper functioning of the Open Platform without limitation or liability. The following is a list of example activities that MoboTap in its sole discretion may undertake as part of its management of the Add-ons: (i) monitor, test and review third-party Add-ons; (ii) remove or disable Add-ons or change their listing or description; (iii) move an Add-on and related information to a new domain or website; (iv) rate limit, throttle and/or block requests or access to the Dolphin browser or any Dolphin Developer Service; (v) use, modify or remove authentication requirements for access to Dolphin Services; and (vi) collect statistics and other data regarding your Add-ons, which may be made publicly available through an Add-ons API (as described below).
5. Dolphin API. As part of the Dolphin Developer Services, MoboTap may offer access to an Add-ons API which provides information about certain Add-ons distributed by MoboTap. You may use this API solely to retrieve data that is made publicly available by MoboTap through this API, to be used solely for your own reasonable business purposes or personal use. In addition to the restrictions otherwise set forth in these Terms generally, you agree that you are responsible for your use of, and contribution to, the Open Platform services and Add-ons, and you will not:
a) mask or hide from MoboTap the identity of your service as it uses the Add-ons API, including by failing to follow required identification conventions; or
b) use the Add-ons API for any application that replicates or attempts to replicate any MoboTap developer services or experience unless your use of the Add-ons API is non-confusing. By non-confusing, MoboTap means that people should always know with whom they are dealing and where the information or software they are downloading came from. Websites and software that are not produced by MoboTap shouldn’t imply, either directly or by omission, that they are.
5. Disclaimer of Warranties. The Dolphin Develoer Services are provided “as-is”. MoboTap, and its contributors, licensors, and distributors, disclaim all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.
6. Limitation of Liability. Neither MoboTap nor its suppliers shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, or (b) for any indirect, incidental or consequential damages including, but not limited to, loss of revenues and loss of profits. MoboTap’s aggregate cumulative liability hereunder shall not exceed the greater of fifty U.S. dollars ($50.00) or the amount paid by you for the Application that caused such damage. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
7. For Consumer End Users Located Outside of the U.S. Only. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in this Agreement shall apply to you only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
8. Term and Termination. This Agreement and the licenses granted hereunder are effective on the date you accept the terms of this Agreement and shall continue unless this Agreement is terminated by either party pursuant to this section. MoboTap may terminate this Agreement immediately upon notice to you in the event that you materially breach any of the terms hereof. You may terminate this Agreement at any time, with or without cause.
9. Export. The related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from MoboTap, or any products utilizing such data, in violation of the United States export laws or regulations. You will indemnify and hold MoboTap harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of its obligations under this section. Your obligations under this section shall survive the expiration or termination of this Agreement.
10. Miscellaneous. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to the conflict of laws provisions therein that would require application of the laws of another State. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in California, with sole venue in the courts located in Santa Clara County, and each party hereby submits to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. Any notice to you may be provided by email. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled. Except as otherwise provided in this Agreement, any modifications of this Agreement must be in writing and agreed to by both parties.
11. Changes to the Terms. MoboTap may update these Terms as necessary from time to time. The updated Terms will only apply to Dolphin Developer Services submitted after the update and you will be presented with the revised Terms the next time you download or install the software or submit an Add-on Contribution. These Terms may not be modified or cancelled without MoboTap’s written agreement.
12. Questions or Additional Information. If you have questions regarding this Agreement, or wish to obtain additional information, please send an e-mail to legal@mobotap.com.