Exhibit D – Minimum End User Terms
The End User License Agreement (“EULA”) must include:
- A requirement that all End Users are the age of majority.
- A disclosure that the services and certain features and functionality may be modified from time to time.
- Obligations for the End User to provide true and accurate information, and to maintain the security of their password and account information.
- A suspension of service right for various circumstances, including without limitation: failure to make payments, failure to provide accurate information, failure to comply with applicable law, failure to comply with the acceptable use policy.
- A disclosure that content may be third party content. Content is for personal use only.
- Obligations protecting the intellectual property rights of all content, software and other materials provided.
- An obligation for the End User to comply with all applicable laws in its use of the services, including, without limitation export laws and privacy laws.
- Except to the extent required by applicable law, End User shall acquire no proprietary interest in the number (MDN) or SIM (Subscriber Identity Module).
- A notification that services may be temporarily refused, interrupted, curtailed or otherwise limited because of transmission limitations caused by any factor, including, but not limited to, physical obstructions; network congestion; atmospheric, environmental or topographical conditions; system and/or facilities interference, limitations or constraints; or system and/or facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the facilities. There may be temporary capacity-constraint-related symptoms, such as excessive call blocking, call dropping, or data-throttling.
- A notification that certain content may be publicly accessible.
- With respect to content that is created by the End User, Reach Mobile is granted a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works.
- End User will not violate the security of the service, and will not attempt unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
- There are no warranties, and the services are provided “as is”
- Customer and its suppliers may access, use, and disclose transaction information and any content provided to comply with the law (e.g., a lawful subpoena) or to enforce agreements, to initiate, render, bill, and collect for services, to protect our rights or property.
- End User shall indemnify, defend and hold harmless Customer and its suppliers for content or information posted or accessed, use of the services, violation of the terms, or violation of any law or the rights of another.
- End User shall comply with the Fair Usage Policy detailed below:
End User will not use the services or any content that is in any way: (a) unlawful, criminal, threatening, deceptive, libelous, defamatory, obscene, pornographic, or is otherwise objectionable; (b) infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights; (c) removes any proprietary notices or labels; (d) advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party; (e) interferes with others using the services; (f) uploads malicious code; (g) uses any robot, spider, data mining, or scraping tool; (h) provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; (i) reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the services or content, use of the services, or access to the services.