Mobile Application Terms and Conditions/End User License Agreement

This Mobile Application Terms and Conditions/End User License Agreement (”Agreement”) is a binding agreement between you (”End User” or “you”) and GSMA Ltd. (”Company”). This Agreement governs your use of one or more of the following mobile applications – MWC Barcelona Mobile Application, MWC Los Angeles Mobile Application and MWC Shanghai Mobile Application. The application or applications that you wish to download and use is/are referred to individually or collectively as the “Relevant Application”. The Relevant Application is licensed, not sold, to you.

BY DOWNLOADING/INSTALLING AND USING THE RELEVANT APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD AND USE THE RELEVANT APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

  1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and  nontransferable license to:
  1. download, install, and use the Relevant Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (”Mobile Device”) strictly in accordance with the Relevant Application’s documentation; and
  2. access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Relevant Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.
  1. License Restrictions. Licensee shall not:
  1. copy the Relevant Application, except as expressly permitted by this license;
  2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Relevant Application;
  3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Relevant Application or any part thereof;
  4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Relevant Application, including any copy thereof;
  5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Relevant Application, or any features or functionality of the Relevant Application, to any third party for any reason, including by making the Relevant Application available on a network where it is capable of being accessed by more than one device at any time; or
  6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Relevant Application.
  1. Reservation of Rights. You acknowledge and agree that the Relevant Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Relevant Application under this Agreement, or any other rights thereto other than to use the Relevant Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company retain its entire right, title, and interest in and to the Relevant Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  1. Collection and Use of Your Information. (a) You acknowledge that when you download, install, or use the Relevant Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Relevant Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, registering for or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Relevant Application is subject to our Privacy Policy https://gsma.com/aboutus/legal/privacy. By downloading, installing, using, and providing information to or through the Relevant Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. (b) Notwithstanding the foregoing, the Company collects data to enhance your experience and enables the Relevant Application to provide you with more focused information based on your usage. The data collected is used by the Company to review, evaluate and improve your event experience in order to serve your needs better, and by our application vendor, Eventbase (the “Application Vendor”), to improve our applications. Information collected might include your name, surname, email address, address, country, company name, job title, biography, picture, LinkedIn profile URL.  You can opt out of our use for your information and still have access to the basic functionality of the Relevant Application. (c) The Application Vendor may also use your personal information to generate “Aggregated and Anonymised Data” for internal use and for sharing with event organizers. “Aggregated and Anonymised Data” means records which have been stripped of information potentially identifying individuals, and which have been manipulated or combined to provide generalized, anonymous information with no ability to associate any particular data with any individual person. (d) Except as set forth in this Agreement and in our Privacy Policy https://www.gsma.com/aboutus/legal/privacy no data is sold, shared, or rented to any third parties.
  1. Content and Services. The Relevant Application may provide you with access to Company’s or third party website located at https://gsma.com/ (the “Website”) and information, resources, products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are subject to the documents governing the use of, and available on, the Website, including our Privacy Policy https://www.gsma.com/aboutus/legal/privacy which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Relevant Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement. In addition, the Relevant Application may provide you with access to third party websites, which are subject to their own Terms of Use and Privacy Policies. The Company is not responsible for your use of these third-party websites and care should be taken in reviewing and understanding the applicable terms and policies.
  1. Updates. Company may from time to time in its sole discretion develop and provide Relevant Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
  1. the Applicable Application will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Relevant Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Relevant Application and be subject to all terms and conditions of this Agreement.

  1. Third-Party Materials. The Relevant Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
  1. Term and Termination.
  1. The term of Agreement commences when you download/install the Relevant Application and will continue in  effect until terminated by you or Company as set forth in this Section 8.
  2. You may terminate this Agreement by deleting the Relevant Application and all copies thereof from your Mobile Device.
  1. Company may terminate this Agreement at any time without notice if it ceases to support the Relevant Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
  2. Upon termination:
    i. all rights granted to you under this Agreement will also terminate; and
    ii. you must cease all use of the Relevant Application and delete all copies of the Relevant Application from your Mobile Device and account.
  3. Termination will not limit any of Company’s rights or remedies at law or in equity.
  1. Disclaimer of Warranties. THE RELEVANT APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE RELEVANT APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF  DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE RELEVANT APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE RELEVANT APPLICATION OR THE CONTENT AND SERVICES FOR:
  1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
  2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE RELEVANT APPLICATION, IF ANY.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

  1. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Relevant Application or your breach of this Agreement, including but not limited to the content you submit or make available through the Relevant Application, if any.
  1. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  1. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Georgia, United States of America without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Relevant Application shall be instituted exclusively  in the federal courts of the United States or the courts of the State of Georgia in each case located in Atlanta, Georgia and Fulton County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  1. Entire Agreement. This Agreement and our Privacy Policy and any Website Terms of Use constitute the entire agreement between you and Company with respect to the Relevant Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Relevant Application.
  1. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.