|
 |
Copyright 2009, TranZfinity, Inc. All rights reserved.
TranZfinity, the TranZfinity logo, Secure-Z, Myztro, and “Enable and Entrust” are either trademarks or registered trademarks of TranZfinity in the United States and/or other countries. The absence of a product or service name or logo from this list does not constitute a waiver of TranZfinity's trademark or other intellectual property rights concerning that name or logo. All other trademarks or brand names are the properties of their respective holders. All features and specifications about TranZfinity products and services are subject to change without notice.
TranZfinity Secure-Z Software and Services End User License Agreement
(EULA Revision B of September 14, 2009)
IMPORTANT - READ CAREFULLY
BY REGISTERING YOUR MYZTRO DEVICE WITH THE TRANZFINITY SECURE-Z SERVICES AND CONTINUING TO USE THE TRANZFINITY SECURE GATEWAY SOFTWARE APPLICATION WITH TRANZFINITY SECURE-Z SERVICES (the TranZfinity Secure Gateway Software Application and the TranZfinity Secure-Z Services are collectively referred to herein as “TRANZFINITY SECURE-Z SOFTWARE AND SERVICES”) THEREAFTER YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”.) IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT USE THE MYZTRO DEVICE, TRANZFINITY SECURE-Z SERVICES OR THE TRANZFINITY SECURE GATEWAY SOFTWARE APPLICATION.
BY REGISTERING YOUR MYZTRO DEVICE WITH THE TRANZFINITY SECURE-Z SERVICES AND CONTINUING TO USE THE TRANZFINITY SECURE GATEWAY SOFTWARE APPLICATION WITH TRANZFINITY SECURE-Z SERVICES (the TranZfinity Secure Gateway Software Application and the TranZfinity Secure-Z Services are collectively referred to herein as “TRANZFINITY SECURE-Z SOFTWARE AND SERVICES”) THEREAFTER YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”.) IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT USE THE MYZTRO DEVICE, TRANZFINITY SECURE-Z SERVICES OR THE TRANZFINITY SECURE GATEWAY SOFTWARE APPLICATION.
You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through TranZfinity’s Secure-Z Software and Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
If the law of your country prohibits you from using the Myztro Device and/or TranZfinity’s Secure-Z Software and Services because you are under the age limit or because the Myztro Device and/or TranZfinity Secure-Z Software and Services are not allowed in your country, please don’t use them.
1. Definitions
1.1. TranZfinity Secure-Z Services
TranZfinity Secure-Z Services (“Secure-Z Services”) are a set of online services operated by TranZfinity that facilitate delivery of digital content and software applications from TranZfinity and TranZfinity’s Affiliates to devices managed by TranZfinity. Examples of such contents and applications include: payment applications, coupons, and promotions. Secure-Z Services are accessible through TranZfinity’s Secure Gateway Software Application running on the customer’s personal computer or a mobile phone.
1.1. TranZfinity Secure-Z Services
TranZfinity Secure-Z Services (“Secure-Z Services”) are a set of online services operated by TranZfinity that facilitate delivery of digital content and software applications from TranZfinity and TranZfinity’s Affiliates to devices managed by TranZfinity. Examples of such contents and applications include: payment applications, coupons, and promotions. Secure-Z Services are accessible through TranZfinity’s Secure Gateway Software Application running on the customer’s personal computer or a mobile phone.
1.2. TranZfinity Software
TranZfinity Software includes the Secure Gateway Software Application executable and any software applications created by TranZfinity’s Affiliates and delivered to consumers through the Secure Gateway Software Application or distributed on a TranZfinity Managed Device received by the customer directly from TranZfinity or from its Affiliates. The Secure Gateway Software Application has been created by TranZfinity and released for several platforms. In conjunction with TranZfinity Managed Devices, the Secure Gateway Software Application is used by TranZfinity’s customers to access Secure-Z Services.
TranZfinity Software includes the Secure Gateway Software Application executable and any software applications created by TranZfinity’s Affiliates and delivered to consumers through the Secure Gateway Software Application or distributed on a TranZfinity Managed Device received by the customer directly from TranZfinity or from its Affiliates. The Secure Gateway Software Application has been created by TranZfinity and released for several platforms. In conjunction with TranZfinity Managed Devices, the Secure Gateway Software Application is used by TranZfinity’s customers to access Secure-Z Services.
1.3. TranZfinity Managed Devices
TranZfinity Managed Devices (“Devices”) are end-user devices (for example: TranZfinity Myztro devices, SCM @maxx devices, etc) that support personalization and secure local storage of customer-related information and enable TranZfinity customers to access Secure-Z Services through TranZfinity’s Secure Gateway Software Application.
TranZfinity Managed Devices (“Devices”) are end-user devices (for example: TranZfinity Myztro devices, SCM @maxx devices, etc) that support personalization and secure local storage of customer-related information and enable TranZfinity customers to access Secure-Z Services through TranZfinity’s Secure Gateway Software Application.
1.4. Affiliate(s)
A company that is wholly owned by TranZfinity or that partners with TranZfinity to deliver TranZfinity Managed Devices and/or content for TranZfinity Managed Devices to end-users.
A company that is wholly owned by TranZfinity or that partners with TranZfinity to deliver TranZfinity Managed Devices and/or content for TranZfinity Managed Devices to end-users.
2. License and Restrictions
2.1. License
Subject to the terms of this Agreement, TranZfinity hereby grants you a limited, revocable, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to use the TranZfinity Secure-Z Sofware and Services on your computer, phone or PDA for the sole purpose of personally using applications provided by TranZfinity and its Affiliates with conjunction with TranZfinity Managed Device with which the TranZfinity Software has been distributed.
2.1. License
Subject to the terms of this Agreement, TranZfinity hereby grants you a limited, revocable, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to use the TranZfinity Secure-Z Sofware and Services on your computer, phone or PDA for the sole purpose of personally using applications provided by TranZfinity and its Affiliates with conjunction with TranZfinity Managed Device with which the TranZfinity Software has been distributed.
2.2. No Granting of Rights to Third Parties
You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regards to the Myztro Device and TranZfinity Secure-Z Software and Services or any part thereof.
You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regards to the Myztro Device and TranZfinity Secure-Z Software and Services or any part thereof.
2.3. No Redistribution
You agree that TranZfinity Managed Devices (such as Myztro) are for your personal use only and may not be used in any way not authorized by this EULA. You further agree that TranZfinity Secure-Z Software and Services are authorized to be used only in conjunction with TranZfinity Managed Devices.
You agree that TranZfinity Managed Devices (such as Myztro) are for your personal use only and may not be used in any way not authorized by this EULA. You further agree that TranZfinity Secure-Z Software and Services are authorized to be used only in conjunction with TranZfinity Managed Devices.
2.4. No Modifications
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, rent, lease, loan, reverse engineering, decompiling, disassembling or hacking of the TranZfinity Secure Z Software and Services or any part thereof except to the extent permitted by law.
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, rent, lease, loan, reverse engineering, decompiling, disassembling or hacking of the TranZfinity Secure Z Software and Services or any part thereof except to the extent permitted by law.
2.5. Third Parties
The TranZfinity Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated into the TranZfinity Software falls under the scope of this EULA. Any and all other third party software or technology that may be distributed together with the TranZfinity Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with TranZfinity or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to TranZfinity or its Affiliates to enforce any of your rights and that TranZfinity shall have no liability for such third party products. All third party products are provided “as is”.
The TranZfinity Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated into the TranZfinity Software falls under the scope of this EULA. Any and all other third party software or technology that may be distributed together with the TranZfinity Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with TranZfinity or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to TranZfinity or its Affiliates to enforce any of your rights and that TranZfinity shall have no liability for such third party products. All third party products are provided “as is”.
2.6. Personal Data Transmission and Storage
You acknowledge that Secure Gateway and TranZfinity Myztro devices will cause some personal data to be captured, transmitted between the Secure-Z Software and Services, and stored on Secure-Z servers and consent to it. The personal data may include your name and your address as well as other information required by TranZfinity or TranZfinity’s Affiliates to provide services to you. TranZfinity uses modern cryptographic technology (such as SSL) to protect user’s data when it is transmitted over public networks and stored on the Secure-Z services.
You acknowledge that Secure Gateway and TranZfinity Myztro devices will cause some personal data to be captured, transmitted between the Secure-Z Software and Services, and stored on Secure-Z servers and consent to it. The personal data may include your name and your address as well as other information required by TranZfinity or TranZfinity’s Affiliates to provide services to you. TranZfinity uses modern cryptographic technology (such as SSL) to protect user’s data when it is transmitted over public networks and stored on the Secure-Z services.
2.7. Lost and Stolen Devices
TranZfinity Managed Devices may store sensitive personal data, including financial data. During the user registration process, you are requested to create a PIN for protecting access to the Device. You understand and agree that the PIN should not be disclosed to anybody and that it is your sole responsibility to diligently guard the PIN. If the Device is lost or stolen or another person gets access to your Device and PIN, the Device can be used to facilitate financial transactions, including purchases, redemption of pre-paid accounts, or to perform some other actions that may result in creating financial liabilities for you. Additionally you understand that another person who has access to your Device and PIN will have the ability to impersonate you resulting in unauthorized access to physical (for example: building access) or logical (for example: logon to a protected Web site) resources.
As soon as TranZfinity is notified of a lost or stolen Device or disclosure of a PIN, TranZfinity will make the best effort to remotely disable the Device and prevent future unauthorized use of the Device, however, TranZfinity does not accept any liability for any consequences, present or future, of any unauthorized use of the Device that occurred before the Device was reported lost or stolen and during a reasonable interval of time after TranZfinity operators issued commands to remotely disable the Device and received a confirmation that the Device was disabled once the Device is reported to TranZfinity as lost or stolen or the PIN is reported to TranZfinity as disclosed.
TranZfinity Managed Devices may store sensitive personal data, including financial data. During the user registration process, you are requested to create a PIN for protecting access to the Device. You understand and agree that the PIN should not be disclosed to anybody and that it is your sole responsibility to diligently guard the PIN. If the Device is lost or stolen or another person gets access to your Device and PIN, the Device can be used to facilitate financial transactions, including purchases, redemption of pre-paid accounts, or to perform some other actions that may result in creating financial liabilities for you. Additionally you understand that another person who has access to your Device and PIN will have the ability to impersonate you resulting in unauthorized access to physical (for example: building access) or logical (for example: logon to a protected Web site) resources.
As soon as TranZfinity is notified of a lost or stolen Device or disclosure of a PIN, TranZfinity will make the best effort to remotely disable the Device and prevent future unauthorized use of the Device, however, TranZfinity does not accept any liability for any consequences, present or future, of any unauthorized use of the Device that occurred before the Device was reported lost or stolen and during a reasonable interval of time after TranZfinity operators issued commands to remotely disable the Device and received a confirmation that the Device was disabled once the Device is reported to TranZfinity as lost or stolen or the PIN is reported to TranZfinity as disclosed.
2.8. No Warranties
THE TRANZFINITY SECURE-Z SOFTWARE AND SERVICES ARE PROVIDED “AS-IS AND WITH ALL FAULTS” WITH NO WARRANTIES WHATSOEVER; TRANZFINITY DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE TRANZFINITY SECURE-Z SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. TRANZFINITY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE TRANZFINITY SECURE-Z SOFTWARE AND SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE INSTALLING AND USING THE TRANZFINITY SECURE-Z SOFTWARE AND SERVICES AT YOUR OWN RISK.
THE TRANZFINITY SECURE-Z SOFTWARE AND SERVICES ARE PROVIDED “AS-IS AND WITH ALL FAULTS” WITH NO WARRANTIES WHATSOEVER; TRANZFINITY DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE TRANZFINITY SECURE-Z SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. TRANZFINITY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE TRANZFINITY SECURE-Z SOFTWARE AND SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE INSTALLING AND USING THE TRANZFINITY SECURE-Z SOFTWARE AND SERVICES AT YOUR OWN RISK.
2.9. Exclusion of Incidental, Consequential, and Certain Other Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANZFINITY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SECURE-Z SOFTWARE AND SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF TRANZFINITY, AND EVEN IF TRANZFINITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANZFINITY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SECURE-Z SOFTWARE AND SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF TRANZFINITY, AND EVEN IF TRANZFINITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.10. Limitation of Liability and Remedies
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of TranZfinity under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by TranZfinity with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions, and disclaimers (including Sections 2.8 and 2.9 above and as stated in the Limited Warranty) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of TranZfinity under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by TranZfinity with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions, and disclaimers (including Sections 2.8 and 2.9 above and as stated in the Limited Warranty) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
2.11. Indemnification
You agree to defend, indemnify, and hold harmless TranZfinity and its employees, contractors, officers, directors, and Affiliates from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this Agreement for which you are responsible. TranZfinity reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification obligation.
You agree to defend, indemnify, and hold harmless TranZfinity and its employees, contractors, officers, directors, and Affiliates from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this Agreement for which you are responsible. TranZfinity reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification obligation.
2.12. Suspension
TranZfinity may, in its sole discretion and to the maximum extent permitted within your jurisdiction, modify or discontinue or suspend your ability to use any version of the TranZfinity Secure-Z Software and Services, and/or disable your access to any applications provided by TranZfinity’s Affiliates you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at TranZfinity’s discretion, are in breach of this EULA, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
TranZfinity may, in its sole discretion and to the maximum extent permitted within your jurisdiction, modify or discontinue or suspend your ability to use any version of the TranZfinity Secure-Z Software and Services, and/or disable your access to any applications provided by TranZfinity’s Affiliates you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at TranZfinity’s discretion, are in breach of this EULA, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
2.13 Export Restrictions
TranZfinity’s Secure-Z Software and Services may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the TranZfinity Secure-Z Software and Services as well as end-user, end-use and destination restrictions issued by national governments. This software is controlled under ECCN XXXXX of the Export Administration Regulations (“EAR”) per CCATS # XXXXX and thus may not be exported or re exported to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. EAR 742.15(a), Title 15 Code of Federal Regulations. Moreover, the software may not be exported or re exported to or downloaded by any person or entity subject to US sanctions regardless of location. See http://www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. TranZfinity is making this Secrue-Z Software and Services available to you only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.
2.14 TranZfinity Software for Mobile Phones
If you have a mobile phone compatible with TranZfinity Software, you will be able to download and use the TranZfinity Software on your mobile phone.
You acknowledge that when used with a mobile phone, TranZfinity’s Secure Z Software and Services may communicate using SMS technology (“Text Messages”). TranZfinity’s Software may send and receive Text Messages and these Text Messages may be invisible to you. TranZfinity Software may send and receive these text messages directly, without your intervention. Standard text message rates may apply. You authorize such use of Text Messages (“opt-in”) and agree to be solely responsible for any charges that may be imposed by your mobile phone operator for sending and receiving these Text Messages. You can opt-out at any time by uninstalling TranZfinity Software from your mobile phone.
2.15. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the United States of America and the state of California, and any action brought by either party to enforce this EULA shall be brought in the relevant state or federal court in California. You hereby submit to the personal jurisdiction of such courts. The parties hereby expressly exclude applicability of the United Nations Convention on the International Sale of Goods. If for any reason a court of competent jurisdiction shall find any provision of this Agreement to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect.
2.16. Complete Agreement
This EULA constitutes the complete agreement between the parties regarding this subject matter and supersedes all prior discussions, agreements, understandings, and representations whether oral or written.
TranZfinity’s Secure-Z Software and Services may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the TranZfinity Secure-Z Software and Services as well as end-user, end-use and destination restrictions issued by national governments. This software is controlled under ECCN XXXXX of the Export Administration Regulations (“EAR”) per CCATS # XXXXX and thus may not be exported or re exported to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. EAR 742.15(a), Title 15 Code of Federal Regulations. Moreover, the software may not be exported or re exported to or downloaded by any person or entity subject to US sanctions regardless of location. See http://www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. TranZfinity is making this Secrue-Z Software and Services available to you only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.
2.14 TranZfinity Software for Mobile Phones
If you have a mobile phone compatible with TranZfinity Software, you will be able to download and use the TranZfinity Software on your mobile phone.
You acknowledge that when used with a mobile phone, TranZfinity’s Secure Z Software and Services may communicate using SMS technology (“Text Messages”). TranZfinity’s Software may send and receive Text Messages and these Text Messages may be invisible to you. TranZfinity Software may send and receive these text messages directly, without your intervention. Standard text message rates may apply. You authorize such use of Text Messages (“opt-in”) and agree to be solely responsible for any charges that may be imposed by your mobile phone operator for sending and receiving these Text Messages. You can opt-out at any time by uninstalling TranZfinity Software from your mobile phone.
2.15. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the United States of America and the state of California, and any action brought by either party to enforce this EULA shall be brought in the relevant state or federal court in California. You hereby submit to the personal jurisdiction of such courts. The parties hereby expressly exclude applicability of the United Nations Convention on the International Sale of Goods. If for any reason a court of competent jurisdiction shall find any provision of this Agreement to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect.
2.16. Complete Agreement
This EULA constitutes the complete agreement between the parties regarding this subject matter and supersedes all prior discussions, agreements, understandings, and representations whether oral or written.