MOABI WEBSITE TERMS OF SERVICE
Last Modified: 20th of June 2021
1. Permitted Use of MOABI
2. Prohibited Use of MOABI
By accessing the MOABI Platform Platform, you agree that you will not:
Use the MOABI Platform for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the MOABI Platform in a manner that sends more request messages to the MOABI servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Use the MOABI Platform in any manner that damages, disables, overburdens, or impairs any MOABI website or interferes with any other party's use and enjoyment of the MOABI Platform;
Copy, modify, create a derivative work from, reverse engineer or reverse assemble the MOABI Platform, or otherwise attempt to discover any source code, or allow any third party to do so;
Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
Mirror or frame the MOABI Platform or any part of it on any other web site or web page.
Attempt to gain unauthorized access to the MOABI Platform;
Access the MOABI Platform by any means other than through the interface that is provided by MOABI for use in accessing the MOABI Platform;
Any unauthorized use of any Content or the MOABI Platform may violate patent, copyright, trademark, and other laws.
In addition, you shall not:
(i) modify, adapt, alter, translate or create derivative works of the Software Services or Documentation;
(ii) reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code used in connection with the Software and Services and/or any aspect of MOABI technology;
(iii) access and/or engage in any use of the Software in a manner that abuses or materially disrupts the Assets, networks, security systems, of any third party;
(iv) use the Software other than in accordance with the Documentation or to scan an Asset for which the user and its company or organization does not have the right or consent to scan; or
(v) remove, alter or obscure any proprietary notices on the Software or the Documentation. MOABI software and solutions and/or its SaaS service are intended solely for lawful purposes and use. MOABI and MOABI users and customers, and their agents and Affiliates, agree to perform their respective obligations in an ethical manner that complies with all applicable national, federal, state and local laws, statutes, ordinances, regulations and codes ("Applicable Laws") including, without limitation, the Computer Fraud and Abuse Act (CFAA), 18 USC Sec. 1030, the U.S. Foreign Corrupt Practices Act of 1977, as amended, and the UK Bribery Act of 2010. If Customer violates the terms above, MOABI may terminate this Agreement immediately.
3. Copyrights and Trademarks
The MOABI Platform is based upon proprietary MOABI technology and includes the Content. The MOABI Platform is protected by applicable intellectual property and other laws, including trademark and copyright laws. The MOABI Platform, including all intellectual property rights in the Moabi Platform, belongs to and is the property of MOABI or its licensors (if any). MOABI owns and retains all copyrights in the Content. Except as specifically permitted on the MOABI Platform as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the MOABI Platform, in whole or in part, by any means. MOABI, the MOABI logos, and other marks used by MOABI from time to time are trademarks and the property of MOABI. The appearance, layout, color scheme, and design of the MOABI Platform are protected trade dress. Customer does not receive any right or license to use the foregoing. MOABI may use and incorporate into the MOABI Platform or the MOABI Service any suggestions or other feedback you provide, without payment or condition.
4. Information and Materials You Post or Provide
5. Links to Third-Party Web Sites
6. Downloading Files
MOABI cannot and does not guarantee or warrant that files available for downloading through the MOABI Platform will be free of infection by software viruses or other harmful computer code, files or programs.
7. Disclaimers; Limitations of Liability
MOABI AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE MOABI PLATFORM OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MOABI AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE MOABI PLATFORM AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOABI IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOABI AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MOABI PLATFORM, WITH THE DELAY OR INABILITY TO USE THE MOABI PLATFORM, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE MOABI PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF MOABI OR ANY OF MOABI'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, MOABI IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF MOABI AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
10. Additional Terms of Service
If you are a customer of MOABI or an employee, representative or agent of a MOABI customer, your use of the MOABI Service is subject to MOABI’s, available at https://scan.moabi.com/customer-terms-of-service/
11. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MOABI therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MOABI does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Copyright 2019-2022 MOABI. All rights reserved