RHINO MOBILITY EULA

THIS END USER LICENSE AGREEMENT (“EULA”) is between Rhino Mobility LLC (“Rhino”) and you (either on your own behalf or on behalf of a company or other entity as its authorized representative).

The EULA applies to your rights to use Android operating system software that is proprietary to Rhino and/or Rhino subsidiaries, or where Rhino or a Rhino subsidiaries specifically identifies itself as the licensor of such software, and to any updates, and/or supplements thereto, where such software is provided with the device at the time of sale or is otherwise available for download (for example from the Google Play store) and installation on a device as an application (“Software”), and to any associated services, unless other terms accompany such Software or services.

For clarity, the Rhino Solution License Agreement and/or other terms, and not this EULA, apply to enterprise software and/or enterprise service offerings of Rhino and its affiliates including any other enterprise software and enterprise services for devices using an Android operating system and any enterprise software and enterprise services identified at https://socialmobile.com/rhino/privacy/ from time to time.

BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE AND/OR SERVICES, YOU ACCEPT THE TERMS OF THIS EULA. YOU WILL HAVE THE RIGHTS TO USE THE SOFTWARE AND/OR SERVICES IF YOU COMPLY WITH THE TERMS OF THIS EULA.

  1. AGE OF MAJORITY. You must be at least thirteen (13) years of age and either over the age of majority, an emancipated minor, or possess legal parental or guardian consent and be fully able and competent to enter into this EULA.
  2. SCOPE OF LICENSE. Subject to the terms and conditions of this EULA, and any other terms accompanying such Software, or services, Rhino grants to you a personal, revocable, non- exclusive, non-transferable license to download, install and use the Software, and use any associated services, for your own internal or personal use. The Software is licensed and not sold under this EULA.
  3. THIRD PARTY SOFTWARE. In order to obtain, access or use the Software or services (or portions thereof) you may be required to obtain, access and/or use third party software or You must ensure that you are permitted to obtain, access and use such third party software and that you comply with all usage rules governing any third party digital storefront from which you acquire such third party software or services. The Software may also include third party programs that Rhino, not the third party, licenses to you under this EULA. Notices, if any, for the third party software or programs are included for your information only.
  4. ADVERTISING. Software may include third party advertisements unless you have subscribed to Software or services that specifically exclude third party advertisements.
  5. RESTRICTIONS ON USE. Except as permitted by Section 2 (Scope of License), you may not: (i) download, install or use the Software or use the services; (ii) copy, modify, transmit, adapt, vary or create derivative works based on the Software or service in whole or part; (iii) rent, lease, sub- license, sell or otherwise transfer the Software or services to any third party; (iv) work around any technical limitations, including any piracy counter measures, in any Software or services; or (v) reverse engineer, decompile, disassemble, debug, hook, spoof or pirate any Software or services, except solely to the extent that, despite the applicable limitation, it is not permissible for Rhino to prohibit such activities pursuant to any applicable laws.
  6. UPDATES. Rhino may change or cancel the availability of any Software or services at any time with or without notice. You may not use the Software or services in any way that could harm them or impair anyone else’s use of them. You may not use the Software or services to try to gain unauthorized access to any service, data, account or network by any means.
  7. SUPPORT. Complimentary web-form support will be provided by Rhino to customers of subscription Software and services during the term of the subscription.
  8. ENTIRE AGREEMENT. This EULA, and the terms for supplements, updates and services that you use, constitute the entire agreement for the Software and services.
  9. APPLICABLE LAW. This EULA is governed by and construed under the laws of the State of Florida, excluding any body of law governing conflicts of The courts of Miami-Dade County, Florida have non-exclusive jurisdiction. If the laws of the Florida are not recognized by the courts of your country, then this EULA shall be governed by and construed by your local laws.
  10. LEGAL EFFECT. This EULA describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired third party software. This EULA does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
  11. DISCLAIMER OF WARRANTY. THE SOFTWARE AND SERVICES ARE LICENSED “AS-IS” AND FOR ACCESS AND USE ONLY IN ACCORDANCE WITH THE DOCUMENTATION PROVIDED BY RHINO. YOU BEAR THE RISK OF USING IT. RHINO GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS EULA CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, RHINO EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  12. AUSTRALIA. YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS. YOU MAY CONTACT A RHINO REPRESENTATIVE AT [1 800 039 536.]
  13. LIMITATIONS AND EXCLUSIONS. YOU CAN RECOVER FROM RHINO ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID TO RHINO FOR THE SOFTWARE OR SERVICES FOR THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
  14. APPLICATION OF LIMITATIONS. This limitation applies: (A) to anything related to the Software and services; and (B) even if Rhino knew or should have known about the possibility of the damages. The above limitation or exclusion do not apply: (I) to you to the extent that your country does not allow Rhino to exclude or limit its liability, in which case Rhino’s liability shall be limited and excluded to the extent permissible by the laws of your country; and (II) in relation to any third party content (including code), third party internet sites, third party software, data, in which case Rhino’s liability shall be excluded entirely.
  15. PRIVACY POLICY AND CONSENT TO PROCESS PERSONAL. Rhino is committed to maintaining the privacy and security of your personal information. Your use of Rhino Software and services may result in the processing of your personal information. Processing of your personal information includes the collection, use, processing, transfer, storage or disclosure of your personal information. Personal information that is processed by Rhino, Rhino subsidiaries and its service providers will be treated in accordance with the Rhino Privacy Policy (which is hereby incorporated by reference into this EULA and can be viewed at https://socialmobile.com/rhino/privacy/).