Please read this End-User License Agreement ("Agreement") carefully before clicking the "AGREE" button, downloading or using Hexnode MDM ("Program").
By clicking the "AGREE" button, downloading or using the Program, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Mitsogo Inc. ("Mitsogo") and it governs your use of the Program made available to you by Mitsogo Inc.
"Your Enterprise" means the entity who authorized your access to Hexnode MDM, for example, your employer.
If you do not agree to the terms of this Agreement, do not click on the "AGREE" button and do not download or use the Program.
The Program is licensed, not sold, to you by Mitsogo Inc. for use strictly in accordance with the terms of this Agreement.
Hexnode MDM is a Mobile Device Management solution that enables Your Enterprise to provide you secure access to the corporate network and resources. On personal devices enabled for corporate use, Your Enterprise may install a secure work container on your device and have limited control within the confines of this container, including disallowing access to certain relevant device settings, functionalities or apps, or deleting applications and content.
On corporate owned devices, Your Enterprise may use Hexnode MDM to wirelessly monitor, manage, secure and control your use of the device on which the Program is installed, including disallowing access to certain device settings, functionalities or apps, remotely locking, wiping or locating the device, or deleting applications and content.
Your Enterprise may use Hexnode MDM to communicate with you or send files to your device on which the program is installed. Your Enterprise may modify, limit or terminate your access to Hexnode MDM.
Your Enterprise determines what information (which may contain personally identifiable information) is collected by the program.
By installing the Hexnode for Work Android app in Profile Owner mode, you agree to allow access to
Find your approximate location, find your exact location
By installing the Hexnode MDM Android app, you agree to allow access to
By installing the Hexnode MDM iOS app, you agree to allow access to
Mitsogo Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Program solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
The Program, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Mitsogo Inc.
Mitsogo Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Program or any service to which it connects, with or without notice and without liability to you.
Mitsogo Inc. may from time to time provide enhancements or improvements to the features/functionality of the Program, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Program. You agree that Mitsogo Inc. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Program to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Program, and (ii) subject to the terms and conditions of this Agreement.
The Program may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that Mitsogo Inc. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Mitsogo Inc. does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services 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.
This Agreement shall remain in effect until terminated by you or Mitsogo Inc. Mitsogo Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Mitsogo Inc., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Program and all copies thereof from your mobile device or from your computer. Upon termination of this Agreement, you shall cease all use of the Program and delete all copies of the Program from your mobile device or from your computer. Termination of this Agreement will not limit any of Mitsogo Inc.'s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Mitsogo Inc. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Program; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Program is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Mitsogo Inc., 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 Program, 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, Mitsogo Inc. provides no warranty or undertaking, and makes no representation of any kind that the Program 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. Without limiting the foregoing, neither Mitsogo Inc. nor any Mitsogo Inc.'s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Program, or the information, content, and materials or products included thereon; (ii) that the Program will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Program; or (iv) that the Program, its servers, the content, or e-mails sent from or on behalf of Mitsogo Inc. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.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.
Notwithstanding any damages that you might incur, the entire liability of Mitsogo Inc. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Program.To the maximum extent permitted by applicable law, in no event shall Mitsogo Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Program, third-party software and/or third-party hardware used with the Program, or otherwise in connection with any provision of this Agreement), even if Mitsogo Inc. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
You may not export or re-export the Program except as authorized by United States law and the laws of the jurisdiction in which the Program was obtained.In particular, but without limitation, the Program may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.By installing or using any component of the Program, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Mitsogo Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Program after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Program.
The laws of California, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Program. Your use of the Program may also be subject to other local, state, national, or international laws.This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org
The Agreement constitutes the entire agreement between you and Mitsogo Inc. regarding your use of the Program and supersedes all prior and contemporaneous written or oral agreements between you and Mitsogo Inc. You may be subject to additional terms and conditions that apply when you use or purchase other Mitsogo Inc.'s services, which Mitsogo Inc. will provide to you at the time of such use or purchase.