SEVEN Beta Program

Beta Program

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SEVEN Beta Program - Registration Agreement Terms

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ATTEMPTING TO USE THE SOFTWARE AND BEFORE CLICKING ON THE "YES" BUTTON BELOW. BY CLICKING ON THE "I ACCEPT" BUTTON, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE OR SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  This license agreement between Seven Networks Inc. ("Seven") and You ("the Agreement") describes the terms and conditions governing Your use of the Seven beta software including the device clients and documentation (collectively "the Software") and related services based on use of the Software ("the Service").  As used in this Agreement the terms "You" and "Yours" encompasses each individual user, entity, and employees thereof, using the Software and/or accessing the Service.

1.	LIMITED LICENSE.  Subject to the terms of this Agreement, Seven grants You a free, limited, non-transferable, non-exclusive license to use the Software and Service, and any updates provided by Seven during the term. This license does not entitle You to receive from Seven hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software. If You are an entity or corporation, the maximum number of authorized end-users of the Software and Service is twenty five (25).  Any updates or subsequent releases of the Software that may be provided during the term of this Agreement shall be considered part of the Software. You grant to Seven the non-exclusive, worldwide, royalty-free right to use, copy, transmit and display any and all content, including email data, PIM data, video, photo, or music files, solely to the extent necessary to provide the Service or to fulfill the purpose of this Agreement.

2.	TERM. This Agreement shall commence upon the earlier of: i) acceptance of this Agreement by clicking "I Accept" as described above or ii) using, installing, or otherwise using the Software or Service. This Agreement shall expire upon the earlier of Seven's notice of termination or one year after commencement of this Agreement. Upon expiration, You may no longer use the Software or Service for any purpose and Your account(s) shall be deactivated with no further notice.

3.	TERMINATION.  Either party may terminate this Agreement at any time, without cause. Should You breach this Agreement, Your right to use the Service and the Software shall terminate immediately and without notice.  You may terminate this Agreement by discontinuing use of the Service and the Software.  In the event of any termination of this Agreement, the restrictions on Your use of the Software and Service as set forth in Paragraph 7 ("Limitations on Use") shall survive such termination, and You agree to be bound by those terms.

4.	USE GUIDELINES. You shall agree that use of the Service shall at all times comply with all applicable local, state, federal, and international laws, regulations, and conventions, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data.  You agree not to use the Service for any criminal or illegal activity. You further agree that the information provided to register for the Service is accurate and not false and that use of the Service shall at all times conform to these and any subsequent use guidelines published by Seven, including terms and conditions published on Seven's website or contained in the Software or disclosed during the registration process.  You also agree that, unless instructed otherwise, Seven may contact You with promotional information and news related to the Service.

5.	USER ID. You will choose or be given all applicable user names and passwords to use in connection with the Service. You are entirely responsible for maintaining the confidentiality of Your passwords, user names, and account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You). You are entirely responsible for any and all activities that occur under Your account, including, if applicable, the accounts of each user accessing the Service by means of an account established by You.

6.	ACCOUNT INFORMATION. All data submitted or transmitted by or to You through the Service, whether sent by You or by third parties, shall remain the sole property of You or such third parties, as applicable, unless specifically notified in advance. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all such data. Seven is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such data.

7.	LIMITATIONS ON USE.  You may not redistribute the Software or provide others with access to the Service unless otherwise approved by SEVEN. You may not create or use any software other than the Software provided by SEVEN to access the Service.  You may not modify, reverse engineer, decompile, or disassemble the Software. You may not adapt, alter, modify, translate, or create derivative works of the Software without written authorization of SEVEN.  You may not sublicense or lease the Software or its documentation or use the Software in a multi-user, network, or multiple computer environment or in a rental, time sharing, or computer service business where all participants are not also licensees of the Software. Finally, You may not authorize or assist any third party to do any of the things described in this paragraph. The Software may contain licensed code from 3rd party providers. To the extent any 3rd party code is contained in the Software, it is subject to the same terms as this Agreement, and such code may only be used with the Software.

8.	RELEASE OF INFORMATION.  You give SEVEN the right to obtain and record information pertaining to Your system configuration (for example, but not limited to, your system's available memory, processing speed, RAM, type of operating system, type of mail server, client version) for use by SEVEN in support related issues. This information is for SEVEN's limited use on support matters only and will not be distributed or marketed to any 3rd parties.

9.	NO WARRANTY.  YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE, SERVICE AND ANY SECURITY FEATURES INCLUDED THEREIN ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. SEVEN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEVEN MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT SEVEN WILL PROVIDE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE SERVICES; NOR DOES SEVEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR SERVICE  OR AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR THAT DEFECTS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SEVEN MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO USING THE SOFTWARE. SEVEN ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE MESSAGES OR DATA. SEVEN MAKES NO WARRANTY SAFEGUARDING YOUR PASSWORD(S) AND USER NAME(S) CREATED BY YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEVEN OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10.	LIMITATION OF LIABILITY.  IN NO EVENT SHALL SEVEN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO USING THE SOFTWARE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, COMPUTER FAILURE OR MALFUNCTION, OR OTHER INTANGIBLE OR TANGIBLE LOSSES,  EVEN IF SEVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY. IN ADDITION, TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SEVEN'S TOTAL LIABILITY ARISING UNDER THIS AGREEMENT EXCEED THE FEES ACTUALLY PAID TO SEVEN FOR USE OF THE SOFTWARE BY YOU.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11.	NO OTHER OBLIGATIONS.  This Agreement creates no obligations on the part of SEVEN other than as specifically set forth herein.

12.	INDEMNIFICATION.  You agree to indemnify and hold SEVEN, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, made by any 3rd party due to or arising out of Your use of the Software or the Service.

13.	PROPRIETARY RIGHTS.  This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Service, Software or any technology, business processes, designs, or proprietary methods owned by Seven. The SEVEN name, Seven logo(s), and the product names associated with the Service are trademarks of Seven and no right or license is granted to use them. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with SEVEN's ownership of, or rights with respect to, the Software. The Software is protected by copyright and other intellectual property laws of the United States and by international treaties. You agree that any copies of the Software will contain the same proprietary notices, which appear on and in the Software.

14.	U.S. GOVERNMENT RESTRICTED RIGHTS.  The Licensed Software is considered to be "commercial computer software" pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable.  Use, duplication, or disclosure of the Licensed Software is subject to the restrictions set forth in DFAR Section 227.7202 for military agencies, and FAR Section 12.212 for civilian agencies, and in any successor regulations thereto.

15.	EXPORTATION.  This product has been classified by the U.S. Bureau of Export Administration as ECCN 5D002 ENC and subject to U.S. Export Control Restrictions and is controlled for export purposes.  You agree to comply strictly with all United States export laws and regulations, including, but not limited to the U.S. Export Administration Regulations, International Traffic in Arms Regulations, Office of Foreign Asset Control, treaties, Executive Orders, laws, statutes, amendments, or supplement thereto and other applicable country import or export laws or governmental regulation.  You acknowledge that export of the Software contrary to United States law is prohibited.  You agree that this product is not being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, nor be used for nuclear activities, chemical biological weapons or missile projects.  Proscribed countries, destinations, and people are set forth in the U.S. Export Administration Regulations, and the Office of Foreign Asset Control's Specially Designated Nationals list, and are subject to change without further notice from SEVEN.

16.	GENERAL TERMS.  Seven reserves the right to update or modify the terms of this Agreement at any time.  If any changes are made, Seven will provide You notice via the Service  or the Seven web site. Upon notice of any such changes, Your continued use of the Service and Software shall be construed as consent and acceptance to any modified or new terms.  This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or the laws of Your actual state or country of residence or the United Nations Convention on the International Sale of Goods. Both You and SEVEN submit to exclusive personal jurisdiction and venue in either the Superior Courts of San Mateo County, California or the United States District Court for the Northern District of California. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. SEVEN's failure to act with respect to a breach by You or others does not waive SEVEN's right to act with respect to subsequent or similar breaches. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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