MSPY END USER LICENSE AGREEMENT
Terms and Conditions
PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT ("LICENSE") PRIOR TO PURCHASING OR USING THE MSPY SOFTWARE ("SOFTWARE"). BY PURCHASING AND USING THE SOFTWARE, YOU AGREE TO ADHERE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE AND DELETE THE SOFTWARE AND ALL OF ITS RELATED FILES FROM YOUR DEVICE.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO ONLY INSTALL THIS SOFTWARE ON A DEVICE OR DEVICES OWNED BY THE USER. USER ALSO AGREES TO INFORM ANY PERSON(S) WHO USES A DEVICE WITH THE SOFTWARE INSTALLED OF THE PRESENCE OF THE SOFTWARE. FAILURE TO COMPLY MAY RESULT IN YOU BREAKING STATE AND FEDERAL LAWS. USER UNDERSTANDS AND AGREES THAT USER SHALL BE RESPONSIBLE FOR ANY LEGAL COSTS INCURRED BY ATI THAT IS A DIRECT RESULT OF USER'S IMPROPER OR ILLEGAL USE OF THE SOFTWARE.
- USER agrees that the installation and use of the Software will be in accordance with all local, state and federal laws governing the monitoring of device activity and usage.
- USER agrees to install this software ONLY on a device that is owned by the USER or on a device which USER has been given explicit permission by the device owner for such installation. USER agrees NOT install this Software on any device that is not owned by USER on any device that USER has not been given explicit permission for such installation.
- USER acknowledges that it is prohibited and against the terms of this Agreement NOT to inform any third party that the device they are using is installed with the Software and that their usage is subject to monitoring and recording.
The mSpy mobile application software that is subject to this license is referred to in this license as the "Licensed Software." The Licensed Software and any other products offered on this website are licensed, not sold, to You for use only under the terms of this license, unless a product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor ("Software Provider") reserves all rights not expressly granted to You.
- Scope of License: This license granted to You for the Licensed Software by Software Provider is limited to a non-transferable license to use the Licensed Software on a single mobile phone device that You own or control. This license does not allow You to use the Licensed Software on any mobile phone device that You do not own or control, and You may not distribute or make the Licensed Software available over a network where it could be used by multiple devices at the same time, or on any device that is not owned or controlled by You.
- You are advised that it is considered a violation of United States federal and/or state law in most instances to install surveillance software, such as the Licensed Software, onto a mobile phone or other device for which you do not have proper authorization, and you are required to notify users of the device/device owners that they are being monitored. Failure to do so is likely to result in violation of applicable law and may result in severe monetary and criminal penalties imposed on the violator. You should consult your own legal advisor with respect to legality of using the Licensed Software in your jurisdiction prior to downloading and using the Licensed Software.
- You further agree not to use the Licensed Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Software Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Licensed Software.
- You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Software. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Software, any updates, or any part. Any attempt to do so is a violation of the rights of the Software Provider. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Software Provider that replace and/or supplement the original Licensed Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Consent to Use of Data: You agree that Software Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered
- periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Software. You agree that Software Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. Furthermore, You agree that Software Provider may be required to cooperate with law enforcement officials to the fullest extent of the law in any circumstances where it is required to do so. Such compliance may include but is not limited to the Software Provider having to provide to the appropriate law enforcement authorities any and all requested customer data, and any other information that may be related to You.
- Termination: The license is effective until terminated by You or Software Provider. Your rights under this license will terminate automatically without notice from the Software Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Software, and destroy all copies, full or partial, of the Licensed Software.
- Services; Third Party Materials: The Licensed Software may enable access to Software Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
- You understand that by using the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Software Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
- Limited Warranty: The only warranty provided by the Software Provider with respect to the Licensed Software is the following limited non-transferrable 90-day replacement warranty: if the Licensed Software proves to be defective within 30 days of original license purchase, as determined in the sole discretion of the Software Provider, then the Software Provider will replace the defective Licensed Software free of charge. To exercise your Limited Warranty, please send an email with description of the problem and proof of license purchase to [email protected]
- The terms of this license are subject to change at any time, and in the event of any changes, the updated version of the license will appear on this page. Current license version June 18, 2014.