Below are the terms and conditions for using Asurion Mobile Applications, Inc.’s backup application (“Mobile Backup”). Please read this Agreement carefully before installing, electronically downloading or using Mobile Backup. By installing, electronically downloading or using Mobile Backup, you, the user of Mobile Backup (“You”), are agreeing to be legally bound by all of the terms and conditions set forth in this Agreement. If You do not agree to (or cannot comply with) all of the terms and conditions of this Agreement, You do not have the right to use Mobile Backup and must not install, download or use Mobile Backup.

GRANT OF LICENSE FOR NON-COMMERCIAL USE. Subject to the terms and conditions of this Agreement, the Developer grants to You a personal, non-exclusive, non-transferable, non-sublicensable and non-commercial limited license to install one object code version of Mobile Backup on one wireless communications device (“Device”) and to use Mobile Backup on such Device in accordance with the Documentation (as defined below). Such license includes the use of information, materials and documentation related to Mobile Backup that are provided or made available to You by Developer or Your Device carrier at the time You install Mobile Backup (“Documentation”). All rights not expressly granted in this Agreement are reserved by Developer.

RESTRICTIONS. You agree not to rent, lease, lend, share, reproduce, translate or sublicense Mobile Backup or any portion thereof or otherwise use or allow others to use Mobile Backup for the benefit of any third party. You agree to use Mobile Backup only in connection with Developer’s automatic backup network and not with any other backup or similar or related service. You agree not to (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas or algorithms of Mobile Backup or any other trade secrets or proprietary information of Developer by any means whatsoever; (b) create any derivative works of or otherwise modify Mobile Backup or incorporate any portion of Mobile Backup into or with any other software; (c) remove any product identification, copyright or other proprietary notice from Mobile Backup; (d) copy or otherwise reproduce the Documentation; or (e) install, download or use Mobile Backup or any portion thereof on or with any device or product other than Your Device.

OWNERSHIP. Subject to the limited license granted to You above in this Agreement, Developer retains all right, title and interest in and to Mobile Backup and the Documentation worldwide, including, without limitation, any copies thereof. The structure, organization and code of Mobile Backup are the valuable trade secrets of Developer and are protected by United States copyright and other laws, international treaty provisions and applicable laws (including, without limitation, intellectual property laws) of the country(ies) in which Mobile Backup is used. Mobile Backup is licensed, and not sold, to You.

TERM AND TERMINATION. This Agreement is effective for the term of the Mobile Backup subscription purchased by You from Your Device carrier and may be terminated by You at the end of a billing cycle by notifying Your Device carrier. You may not otherwise terminate this Agreement without cause. This Agreement may terminate automatically without notice from Developer or Your Device carrier if You fail to comply with any term(s) of this Agreement or if the Developer no longer provides Mobile Backup to your Device Carrier. Upon any termination of this Agreement: (a) You will not have access to or be able to recover any Archived Data; (b) Developer shall have the right to immediately remove all Archived Data from Developer Storage Systems and destroy any such Archived Data; (c) Developer shall not be obligated to refund any monies paid; (d) the license granted to You in this Agreement will immediately terminate, and You agree to immediately cease all use of Mobile Backup and the Documentation; and (e) except for the license granted to You in this Agreement, the terms of this Agreement shall survive such termination.

SERVICE FEES. All fees related to Your subscription to and use of Mobile Backup shall be charged to You by Your Device carrier. You agree to pay Your Device carrier the applicable fees for Your Mobile Backup subscription in accordance with Your Device carrier’s payment terms and conditions. You acknowledge that Your Device carrier will continue to charge You for Mobile Backup as long as Your Mobile Backup subscription remains active and regardless of whether or how often You actively use Mobile Backup. If You fail to pay such subscription fees to Your Device carrier, this Agreement may be terminated pursuant to its terms.

EXPORT ASSURANCES. You acknowledge there are specific restrictions and complex laws and regulations regarding the export of certain software, technology and information outside the United States. Your Archived Data may be hosted on a server in the United States. You agree not to export, re-export, or allow the re-export of Mobile Backup, any Documentation, or any direct product thereof, in violation of any such laws or regulations (or any other applicable laws or regulations).

ACCOUNT AND SECURITY. To access and use Mobile Backup, You must create a login and/or password during account creation. You are exclusively responsible for all activities that occur under Your account, whether or not it occurs with Your knowledge. You are also exclusively responsible for maintaining the confidentiality of Your account login and password, and are exclusively responsible for any failure to do so and any results thereof. You agree to immediately notify Your Device carrier of any suspected or actual unauthorized access to or use of Your account or any other breach of security known to You. You have the capability to change Your password at any time.

ACCOUNT RESTRICTIONS. You agree that You will use Mobile Backup solely for the purpose of making an archival backup copy of Your personal contact information and any content created solely by You (“Data”) contained on Your Device (“Archived Data”), and You grant Developer the right to store the Archived Data on storage systems operated by or for Developer (“Developer Storage Systems”). You agree that You will only store Archived Data on Developer Storage Systems and that You will NOT store any other content or data, including content or data that You do not have legal right to use and/or copy. You agree to use the Archived Data solely for Your own personal use, including the purpose of restoring all or a portion of the Data on Your Device, and shall not use Mobile Backup to share, reproduce or distribute any Data to any other person, Device or equipment. You agree not to store any Data or any other data or content through the use of Mobile Backup that violates any law or that infringes any copyrights or other intellectual property rights of any third party. You agree Developer, in its sole discretion, may disable access to, remove and/or destroy any or all Archived Data from Developer Storage Systems that it believes (a) constitutes an infringement, misappropriation or violation of any third party right (including, without limitation, any right of privacy, copyright, trademark, trade secret or other intellectual property right), (b) could otherwise damage, harm or tarnish Developer or its reputation or (c) could make Developer liable in any manner to any third party (including, without limitation, any governmental entity). You acknowledge and agree that Developer may access, preserve and disclose Your account information and Archived Data if required to do so by law or if Developer in good faith believes that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms and conditions of this Agreement; (iii) respond to claims that any Archived Data violates the rights of any third party; (iv) respond to Your requests for customer service; or (v) protect the rights, property or personal safety of Developer, its customers, distributors, licensees or end users, or the public.
You acknowledge that Developer may establish general practices and limits concerning the use of Mobile Backup, including, without limitation, the type of Data that may be archived, the maximum size of available server space for Your Archived Data, the maximum number of days that Archived Data may be stored, and the maximum number of times and the maximum duration for which You may access Mobile Backup in a given period of time. Your Archived Data may be hosted on a server in the United States. Developer reserves the right to modify these and other general practices in its sole discretion and without any notice to You. You agree that Developer has no responsibility or liability for any removal, loss or destruction of, or failure to store or provide access to, any Archived Data or any other content transmitted through the use of Mobile Backup.

INDEMNIFICATION. You shall indemnify, defend and hold harmless Developer and its officers, directors, employees, affiliates and agents from and against any claim, loss, liability, cost or expense, including, but not limited to, reasonable legal fees and costs (including in Quebec, both judicial and extra-judicial fees and costs) (collectively, “Claim”) to the extent such Claim arises or results from or is based upon: (a) Your breach of any of the terms and conditions of this Agreement; (b) Your breach of any applicable policy or agreement between You and Your Device carrier; (c) Your subscription to Mobile Backup; (d) any allegation that any Data, Archived Data, any other content You attempt to archive through the use of Mobile Backup, or Your use (or Developer’s provision) of Mobile Backup infringes, is a misappropriation of or violates any third party right, including, without limitation, any intellectual property right or right of privacy (except to the extent such allegation is that the Mobile Backup application itself, as provided by Developer, infringes or is a misappropriation of any third party intellectual property right); or (e) Your failure to comply with any applicable laws with respect to any Data, Archived Data, any other content You attempt to archive through the use of Mobile Backup, or Your use of Mobile Backup or the Documentation.

DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, Mobile Backup, THE DOCUMENTATION AND ALL SERVICES PROVIDED BY, DEVELOPER AND ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS ARE PROVIDED "AS IS," AND, DEVELOPER AND ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY TYPE, EITHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED OR LEGAL CONDITIONS OR WARRANTIES AGAINST HIDDEN DEFECTS OR OF MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, SECURITY, PEACEFUL ENJOYMENT, GOOD STATE OF MAINTENANCE AND REPAIR, TITLE, OWNERSHIP AND NON-INFRINGEMENT. DEVELOPER DOES NOT WARRANT THAT THE OPERATION OF Mobile Backup WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES OR PROVINCES LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR LEGAL CONDIITIONS, WARRANTIES, REPRESENTATIONS OR GUARANTEES SO THIS DISCLAIMER (OR PORTIONS OF THIS DISCLAIMER) MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTY, CONDITIONS, REPRESENTATIONS AND GUARANTEES PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.  FOR YOUR DEVICE CARRIER’S DISCLAIMER OF WARRANTY, PLEASE REFER TO YOUR AGREEMENT WITH YOUR DEVICE CARRIER

LIMITATION OF LIABILITY. IN NO EVENT SHALL DEVELOPER AND ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY DATA, ARCHIVED DATA, THE USE OR INABILITY TO USE Mobile Backup OR THE DOCUMENTATION, OR ANY SERVICES PROVIDED BY DEVELOPER) UNDER ANY CONTRACT, NEGLIGENCE, EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR DATA, OR OTHER PECUNIARY LOSS), EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE, ARISE FROM FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM. YOU AGREE THAT IN NO EVENT SHALL DEVELOPER’S OR ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNTS PAID BY YOU FOR THE USE OF Mobile Backup, EVEN IF DEVELOPER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE, ARISE FROM FUNDEMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM. SOME STATES OR PROVINCES MAY NOT ALLOW THE EXCLUSION OF CERTAIN OF THE ABOVE DAMAGES SO THIS LIMITATION MAY NOT APPLY OR MAY ONLY PARTLY APPLY TO YOU. THIS LIMITATION OF LIABILITY PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.  FOR YOUR DEVICE CARRIER’S LIMITATION OF LIABILITY, PLEASE REFER TO YOUR AGREEMENT WITH YOUR DEVICE CARRIER

FORCE MAJEURE. Developer shall not be liable for nonperformance, delay, errors, data loss or corruption or other loss caused by any event beyond Developer’s reasonable control, including, but not limited to, acts of God, war, hostilities, terrorist acts, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, non-use of product, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire agreement between You and Developer with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements regarding the subject matter of this Agreement.

CONTROLLING LAW; SEVERABILITY; GENERAL. This Agreement shall be governed by the laws of the United States and the State of California without regard to conflicts of laws provisions thereof. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If any provision contained herein is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid or enforceable, and all other provisions shall not be affected thereby. No provision of this Agreement shall be deemed waived unless such waiver is in writing and signed by a duly authorized representative of Developer. Headings used in this Agreement are for convenience only and shall not be used in the interpretation of this Agreement. You may not assign any benefits or rights, or delegate any duties or obligations, under this Agreement to any other party.

ARBITRATION.  Any claim, controversy or dispute arising out of or related to the marketing, advertising, or sale, or Your use of Mobile Backup between the Developer and You that cannot be settled by private negotiation shall be resolved solely and exclusively by final and binding arbitration (“Arbitration”). Such Arbitration shall be administered by the San Francisco, California office of the American Arbitration Association (“AAA”) and conducted pursuant to the rules then in effect of the AAA governing commercial disputes (“Rules”). The Arbitration hearing shall take place in San Mateo, California, unless otherwise agreed by all parties to the Arbitration, before a single neutral arbitrator licensed to practice law selected by the parties or appointed in accordance with the Rules. The arbitrator shall be bound to apply the laws of the State of California, without regard to conflicts of laws provisions thereof, and, where applicable, federal statutory law. The arbitrator shall have authority to award compensatory damages only, and You expressly waive the right to seek any punitive damages in any Arbitration hereunder. To submit a matter to Arbitration, the party seeking redress shall notify in writing the party against whom such redress is sought, describe the nature of such claim and the material facts surrounding such claim. The arbitrator shall render a single written decision. The arbitrator’s award shall be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorney’s fees in connection with any Arbitration arising hereunder, and the fees and expenses in connection with such Arbitration shall  be borne equally be the parties. Notwithstanding anything to the contrary herein, neither party is precluded from seeking injunctive relief in any court of competent jurisdiction.  All controversies, claims, or disputes, including any representative claims against us and/or related third parties shall be resolved by binding arbitration only on an individual basis.  Therefore, You waive the right to file, participate in, or be a member of any class action lawsuit, representative action, or class arbitration.  The arbitrator shall not allow You to serve as a representative, as a private attorney general, or in any other representative capacity for others in any arbitration arising hereunder.  It is an indispensable condition of the arbitration that there will be no class arbitration.  You may opt out of this Arbitration provision within 30 days of the date you download Mobile Backup by sending a letter with your request to the address below. This provision shall be enforceable to the maximum extent permitted by law.

COPYRIGHT INFRINGEMENT NOTIFICATION. Developer has a policy of removing data or content that violates copyright law. Pursuant to Section 512 of Title 17 of the United States Code, Developer has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following information (or such other additional information as may be required by Section 512(c)(3) of the Copyright Act):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Asurion Mobile Applications, Inc.
160 Bovet Road, Suite 402
San Mateo, CA 94402

Attention: General Manager

Phone Number: 650-649-9401
Fax: 650-349-9407
Email: DMCAnotification@asurion.com

For clarity, only copyright infringement notifications should be sent to the designated agent above. You may not receive a response to any other feedback, comments, requests for technical support, or other communications delivered to the designated agent above.

LANGUAGE.  It is the express wish of the parties that this Agreement and all related documents be drawn up in English. Les parties se sont entendues de façon expresse afin que la présente convention ainsi que les documents qui s'y rattachant soient rédigés en anglais. The English language version of this Agreement and all related documents shall govern the meaning of such agreements and documents.