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Mobile App Terms

The Mobile App Terms (“Mobile Terms”) supplement the Source Hero Terms of Service (“Terms of Service”) and collectively govern your use of our Mobile App. These Mobile Terms and the Terms of Service are hereinafter collectively referred to as the “Terms.” All capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Service. To access and otherwise use the Mobile App, Subscriber and its end users of the Service must at all times agree to and abide by these Terms.

  1. Mobile App. We may make available a version of the Software to access the Service via a mobile device (“Mobile App”). If you download, access or use the Mobile App, you are subject to and hereby acknowledge and agree to these Mobile Terms.

  2. License Grant. The Source Hero entity listed on your quotation order hereby grants you a limited, non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile App for one Source Hero account on one mobile device owned or leased solely by you, for your personal use. Any third-party code that may be incorporated in the Mobile App is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code in accordance with the terms herein. The foregoing license grant is not a sale of the Mobile App or any copy thereof, and Source Hero or its third-party providers or suppliers retain all right, title, and interest in the Mobile App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Source Hero reserves all rights not expressly granted under these Terms.

  3. Mobile App.

    1. Mobile Device. You acknowledge that you must have a compatible mobile device to use the Mobile App. Source Hero does not warrant that the Mobile App will be compatible with your mobile device.

    2. Mobile Data. You may use mobile data in connection with the Mobile App and may incur additional charges from your wireless provider for these services. You acknowledge and agree that you are solely responsible for any such charges.

    3. Mobile App Upgrades. You acknowledge that Source Hero may from time to time issue upgraded versions of the Mobile App, and may automatically electronically upgrade the version of the Mobile App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades.

    4. Compliance with Laws. The Mobile App originates in the United States, and is subject to United States export laws and regulations. The Mobile App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile App may be subject to the import and export laws of other countries. You agree to comply with all United States, Canadian and foreign laws related to use of the Mobile App and the Service.

    5. Mobile App from Apple App Store. The following applies to any Mobile App you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Source Hero, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Source Hero as provider of the Software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to:  product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Source Hero as provider of the Software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Source Hero, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Source Hero acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms, as it relates to your license of the Apple-Sourced Software against you, as a third-party beneficiary thereof.

    6. Mobile App from Google Play Store. The following applies to any Mobile App you acquire from the Google Play Store (“Google-Sourced Software”): 

      1. you acknowledge that these Terms are between you and Source Hero only, and not with Google, Inc. (“Google”);

      2. your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;

      3. Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;

      4. Source Hero, and not Google, is solely responsible for its Google-Sourced Software;

      5. Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement;

      6. You acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Source Hero’s Google-Sourced Software.

  4. Ratification. By downloading, accessing, or otherwise using the Mobile App, you expressly acknowledge and agree to these Mobile Terms in addition to the Source Hero Terms of Service.

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