We are happy to have you join the family of AMmobile end-users and would like to be assured that you have received all necessary information for the successful use of AMmobile.
AMmobile User License Agreement
The enclosed software program, (the "App"), and its related documentation, (the "Documentation"), are copyrighted and protected by the United States copyright laws and international treaty provisions.
If the software is downloaded, the App is licensed to you, the Licensee, but iSOFT Systems, LLC retains title and ownership of the App and Documentation downloaded. iSOFT Systems, LLC may terminate this License Agreement upon the breach by you of any terms herein.
CELLULAR DATA RATES
- You are solely responsible for selecting the proper data plan through your cellular provider for the amount of data usage AMmobile requires. The amount of data usage is dependent on how often the app is used and how much data is selected by you to transmit. If the amount of data you select to initially downlod is significant, it is recommended that you do your initial download, or a "Re-sync with server" while connected to WiFi and not through your cellular connection.
- In the event you go over your cellular data limit and fees are incurred through your cellular provider, you acknowledge that you are solely responsible for those fees.
- The app and documentation are sold "as is" without warranty of any kind as to their merchantability, performance and fitness for a particular purpose. iSOFT Systems, LLC does not warrant that the app will meet your requirements or that it will be error-free. You are solely responsible for the selection of the app to achieve your intended results and for the results actually obtained.
- The app is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or any other context in which the failure of the software could lead directly to death, personal injury, or severe physical or environmental damage ("high-risk activities"). iSOFT Systems, LLC specifically disclaims any express or implied warranty of fitness for high risk activities.
- iSOFT Systems, LLC explicitly disclaims all other warranties, expressed or implied, including, but not limited to, any special, incidental, consequential, indirect or other similar damages resulting from the use of this app. Some states do not allow the exclusion of implied warranties, so this language may not apply to you.
- If any action is brought by either party to this license agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
- Should any term of this license agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
- The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder, shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
GOVERNING LAW & GOVERNING VENUE
The rights and obligations of the parties under this Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods. Instead, this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, U.S.A. Each party to this Agreement hereby submits to the jurisdiction to the courts of the State of California, and to the federal courts of the United States for the Southern District of California, and agrees that all actions under this Agreement shall be maintained in San Bernardino County, California if in state court, or in Los Angeles, California if in federal court, and both parties waive any objection to personal jurisdiction or venue in any forum located in that County. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.
U.S. GOVERNMENT RESTRICTED RIGHTS
The App and Documentation are provided with restricted rights. Use, duplication or disclosure by the government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the rights in Technical Data and Computer Software clause at 252.227-7013.
Copyright 2013 - iSOFT Systems, LLC. All rights reserved. AMmobile for iPad. AMmobile is a trademark of iSOFT Systems, LLC
Phone: (760) 247-0644
Fax: (760) 247-0644
Please address any questions concerning the Agreement to iSOFT Systems, LLC at www.AMmobile.net/contact.