1. The MOX2GO application (hereinafter referred to as the “MOX2GO App”) which is available through the App Store is licensed, not sold, to you. Your license to the MOX2GO App is subject to your prior acceptance of this End User License Agreement (“EULA”), which provides the terms and conditions for the use of the MOX2GO App. Your license to the MOX2GO App under this EULA is granted by American Technical Services, Inc., referred to herein as “Licensor”.  Licensor retains ownership of the MOX2GO App and all intellectual property rights associated with it, and reserve all rights not expressly granted in this EULA. 

2. Scope of License: Licensor grants to you a nontransferable license to use the MOX2GO App on any Apple-branded products that you own or control. The terms of this EULA will govern any content, materials, or services accessible from within the MOX2GO App as well as upgrades provided by Licensor that replace or supplement the original MOX2GO App, unless such upgrade is accompanied by a separate EULA. You may not distribute or make the MOX2GO App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the MOX2GO App and, if you sell your Apple Device to a third party, you must remove the MOX2GO App from the Apple Device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code or, modify, or create derivative works of the MOX2GO App, any updates, or any part thereof.

3. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MOX2GO APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOX2GO APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE MOX2GO APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOX2GO APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MOX2GO APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT DOES LICENSOR WARRANT THAT THE MOX2GO APP IS ERROR FREE OR THAT YOU WILL BE ABLE TO OPERATE THE MOX2GO APP WITHOUT PROBLEMS OR INTERRUPTIONS. LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE, CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MOX2GO APP. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE MOX2GO APP IS ASSUMED BY YOU.

4. LIMITATION OF LIABILITY:  IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE MOX2GO APP EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S MAXIMUM LIABILITY HEREUNDER, ARISING FROM ANY CAUSE WHATSOEVER, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE ONE HUNDRED DOLLARS ($100.00). NEITHER LICENSOR NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE MOX2GO APP SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS RESULTING FROM THE USE OR INABILITY TO USE THE MOX2GO APP, INCREASED OPERATING COSTS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE, OR LOSS OF ANTICIPATED PROFITS, OF ANY NATURE, ARISING FROM LISENSOR’S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS EULA.

THE FOREGOING SHALL BE LICENSOR’S SOLE AND EXCLUSIVE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACTION, WHETHER BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

5. External Services. The MOX2GO App will enable access to various MOX software applications and websites including the MOX Calibration Management System and the MOX Customer Portal, owned, managed and operated by third parties (hereinafter “External Services”). You agree to use the MOX2GO App to access External Services with the express permission of the third parties utilizing the External Services. You agree to use the MOX2GO App to access the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. The Accuracy or validity of data displayed by the MOX2GO App or External Service, is not guaranteed by Licensor or its agents. You will not use the MOX2GO App or the External Services in any manner that is inconsistent with the terms of this EULA or terms and conditions imposed by third parties or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the MOX2GO or the External Services to attempt to access any data or information not specifically authorized by third parties utilizing the External Services. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

6. This EULA shall be interpreted, governed and construed under the laws of the State of California as if executed and to be performed wholly within the State of California. Any legal action or proceeding arising out of or relating to this EULA, or the transactions contemplated hereby, shall be maintained in any state or federal courts in Los Angeles County, California; you irrevocably submit to the jurisdiction of each such federal or state court in any such action or proceeding.

7. If any section, provision or portion of this EULA is held to be invalid, illegal or void by a court of proper jurisdiction, the remainder of this EULA shall nevertheless subsist and continue in full force and effect.

8. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.