License Agreement for MAMAVA Embedded Software
IMPORTANT – PLEASE READ CAREFULLY. THIS LICENSE GOVERNS YOUR USE OF ANY SOFTWARE EMBEDDED OR INSTALLED IN ANY MAMAVA EQUIPMENT (THE “EQUIPMENT”) THAT IS SOLD OR LEASED TO YOU BY MAMAVA OR ANY THIRD PARTY, EXCLUDING ANY SOFTWARE THAT IS OTHERWISE LICENSED TO YOU BY A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND MAMAVA OR ANOTHER THIRD PARTY.
BY ACTIVATING OR OTHERWISE USING THE EQUIPMENT YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE WITH RESPECT TO THE SOFTWARE THAT HAS BEEN PRE-INSTALLED ON THE EQUIPMENT.
You expressly acknowledge and agree that the Software may interface via a cellular data connection, at no additional cost to you, with Mamava’s servers, web site and/or certain mobile applications installed on mobile devices. You agree to be bound by and subject to all published terms and conditions associated with Mamava’s website and/or any related mobile application used by you or any third-parties that you allow to use the Equipment. You acknowledge and agree that the Software may collect and transmit Equipment usage data to Mamava. Any data electronically collected by Mamava in connection with the Software and/or your use of the Equipment shall belong solely to Mamava, and you hereby assign to Mamava any right, title or interest that you may acquire in such information. Mamava’s privacy policy – which can be found at https://www.avapods.com/privacy-policy - details the information that Mamava collects and what it may do with that information. Mamava’s privacy policy is subject to change from time-to-time at the sole discretion of Mamava.
Subject to your compliance with the terms of this License Agreement, Mamava hereby grants to you a limited, non-exclusive license to use the Software in machine-readable, object code form solely in connection with the use of the Equipment in accordance with terms of this Owners’ Manual. The Software may be used only on the Equipment in which it was initially installed. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement, except that you may permanently transfer all of your rights under this License Agreement in connection with the sale or transfer of the Equipment. Any transferee of the Equipment, must accept the terms this License Agreement prior to utilizing the Equipment.
You acknowledge and agree that the Software is proprietary to Mamava, or its affiliates or licensors and is protected under copyright law, trade secret law and laws governing confidential information. You acknowledge and agree that all associated intellectual property rights in the Software shall remain with Mamava, its affiliates and their licensors. This License does not convey to you title or interest in or to the Software. Mamava and its affiliates reserve all worldwide rights not expressly granted under this Agreement.
You agree not to reverse engineer, decompile, translate, adapt or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You agree not to hack into, interfere with or try to connect with the Equipment’s cellular data connection. You agree that Mamava may, but shall have no obligation to update the Software from time-to-time via the Equipment’s cellular data connection
YOU AGREE THAT THE SOFTWARE IS PROVIDED “AS IS” AND MAMAVA MAKES NO REPRESENTATIONS AND WARRANTIES REGARDING THE SOFTWARE. IN NO EVENT SHALL MAMAVA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SUBCONTRACTORS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OF ANY KIND, INCLUDING LOSS OR DAMAGE CAUSED BY THE SOFTWARE.