END USER LICENSE AGREEMENT FOR MOVIUS
*** PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING TO INSTALL THIS SOFTWARE PROGRAM ***
This Movius Interactive Corporation (“Movius”) End User License Agreement (“EULA”) is a legal agreement or contract between you, either an individual or a single entity (“you” “your” or “Authorized User”) and Movius and you expressly agree that this EULA governs your use of the Movius software products described by the commercial name “Movius,” which may include associated software components, media, printed materials and “online” or electronic documentation (“Software Product”). By installing, copying or otherwise using the Software Product, you agree to be bound by the terms of this EULA. This EULA represents the entire agreement concerning the program or the Software Product between you and Movius as licensor, and it supersedes any prior proposal, representation or understanding between the parties. If you do not agree to the terms of this EULA, you should not install or use the Software Product. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold and any and all intellectual property rights in the Software Product remain at all times the property of Movius or its suppliers.
- GRANT OF LICENSE. The Software Product is licensed as follows:
- Installation and Use. Movius grants to you the right to install and use copies of the Software Product on your computer, phone or other device, which is running a validly licensed copy of the operating system for which the Software Product was designed, including but not limited to Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME and Windows Vista. Such license is non-exclusive and nontransferable.
- Backup Copies. You may only make backup copies of the Software Product for backup or archival purposes.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any or all copies of the Software Product.
- Distribution. You may not distribute registered copies of the Software Product to third parties.
- Prohibition of Reverse Engineering, Decompiling and Disassembly. You may not reverse engineer, decompile or disassemble the Software Product, except to the extent that such activity is expressly permitted by applicable law, notwithstanding this prohibition and provided notice is provided to Movius by contacting the Movius legal Department at 770/283-1000 in the USA.
- Rental. You may not rent, lease or loan the Software Product for any purpose.
- Support Services. Movius may or may not provide you with support services to support your use of the Software Product (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered to be part of the Software Product and there by subject to the terms and conditions of this EULA.
- Compliance With Applicable Laws. You must comply with all applicable laws regarding use of the Software Product.
- TERMINATION. Without prejudice to any other rights, Movius may terminate this EULA if you fail to comply with its terms as well as suspend or terminate use of the Software Product. In such event, you must destroy and no longer use any and all copies of the Software Product you possess or have possessed.
- COPYRIGHT. All title, including but not limited to copyrights, in and to the Software Product and any copies thereof are owned by Movius or its suppliers. All title and intellectual property rights in and to the content you may find on the Software Product, which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws or treaties. This EULA grants no rights to use or own such content. All rights not specifically and expressly granted to you herein are reserved by and for Movius. Movius takes no responsibility for any content found on the Software Product.
- NO WARRANTIES. Movius expressly disclaims any warranty for the Software Product. The Software Product is provided “as is” without any express or implied warranty of any kind, including but not limited to warranties of merchantability, noninfringement of third party intellectual property rights or fitness for a particular purpose. Movius does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained in the Software Product. Movius makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Movius further expressly disclaims any warranty or representation to you or Authorized Users or to any third party.
- LIMITATION OF LIABILITY. In no event shall Movius, its resellers, its distributors or any sub-reseller or sub-distributor, or any agent or representatives of any of the foregoing (collectively, the “Movius Resellers”), be liable for any damages (including, without limitation, lost profits, business interruption or other business loss or lost information) arising out of your or Authorized Users’ use of or the inability to use the Software Product, even if Movius or a Movius Reseller has been advised or notified of the possibility of such damages. In no event will Movius or any Movius Reseller be liable for loss of data or for indirect, special, incidental, consequential (including lost revenue or profits) or other damages based in contract, tort or other theory of recovery. Neither Movius nor any Movius Reseller shall have any liability with respect to the content of the Software Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Neither Movius nor any Movius Reseller takes any responsibility for any content placed on the Software Product by anyone or any entity. The Movius Resellers are third party beneficiaries to this EULA in respect of the provisions in this section which refer to the Movius Resellers and each Movius Reseller is entitled to enforce its rights under this section.
- REPRESENTATIONS AND WARRANTIES. You represent and warrant that your usage of the Software Product will only be for lawful purposes and in accordance with this EULA and all applicable laws generally. You also represent and warrant that you will not use the Software Product in any manner which shall put the Software Product at risk or which may violate any laws, regulation or ordinance, including, without limitation, any right of privacy, publicity or any intellectual property right nor will you aid any third party in violating any such laws, regulations, rights, or ordinances. You represent and warrant that you are at least of the age to enter into agreements such as this EULA in the jurisdiction in which you reside. If it becomes known that you are not of such age, Movius shall take the steps necessary to terminate this EULA and you will be required to cease your use of the Software Product and destroy any copies of the Software Product in your possession.
- AMENDMENTS AND MODIFICATIONS. Movius reserves the right in its absolute discretion, to change, modify, amend or otherwise revise from time to time this EULA, with or without a release of new Software Products.
- GOVERNING LAW. This EULA shall be governed by and construed in accordance with the laws of the State of Georgia, USA, excluding its conflicts-of-laws rules. However, notwithstanding this previous statement, you may be subject to other state, local, federal, national or international laws. You agree that exclusive jurisdiction is in the courts in Atlanta, Georgia USA.
Movius is committed to maintaining your privacy. We believe that you are entitled to know how Movius will collect, use and protect the personal information you give us. This policy describes how we collect and may disclose personal information, including the following: what personal information we collect from you, how we use your information, how long we maintain your information, when and to whom we disclose your information, how we restrict our use of your information for marketing purposes, and how we protect your rights concerning your information and its disclosure.
The MultiLine Application, which is used with the MultiLine Service, is a software application owned by Movius Interactive Corporation. Movius resells its MultiLine Service via companies such a Sprint and Telstra. Resellers of the MultiLine Service sell the MultiLine Service to enterprise customers whose employees then use the MultiLine Service via this MultiLine Application. You may provide personal information to Movius via the MultiLine Application and by use of the MultiLine Service.
Unless applicable laws or regulations (such as GDPR for residents of the EU) require you to contact another person or legal entity (such as your service administrator under GDPR), if you have any questions or concerns regarding these policies, please contact firstname.lastname@example.org.
- What personal information we collect from you.
- What personal information our vendors collect.
- What organizations collect the information.
- How the information is used.
- With whom the information may be shared.
- How long information is retained.
- What choices are available to you regarding how we collect, use, and distribute the information.
- What security procedures are in place to protect information under Movius’ control.
- How you can correct any inaccuracies in the information.
TREATMENT OF INFORMATION
Information Collected When We Provide You With Services
Movius collects certain information from you in connection with providing you with services via a mobile application. Movius is authorized to collect the personal information that we need to provide you services, including diagnostic information to resolve issues with your use of the Movius services. We are prohibited from collecting your personal information for any other purpose without your consent; however, please be aware that we provide the service to you with the help of business partners and we may share some or all of your personal information with such business partners solely for their use in providing one or more aspects of the service, including billing you for the service. (See the next section for a list of authorized uses of your personal information.)
When you establish an account for services, we collect information such as your name, email address, physical address and telephone number, as well as information used for credit checks, billing, and payment, and other information we may need to establish and service your account or that our business partners may need in connection with their providing a portion or aspect of the service. When you first request your services, and when you request any changes or updates to your services, Movius may collect information about the service options that you have chosen. Movius may also collect your personal information when you communicate with us: for example, if you ask for support or maintenance, send us e-mails, respond to our surveys or e-mails, engage in chat sessions with us, register for information, or participate in promotions or contests.
How We Use and Disclose Your Information
Movius considers the personal information contained in our business records to be confidential. However, Movius is authorized to disclose your personal information for two general purposes:
- provide your services;
- customize your services;
- configure service-related devices;
- account security;
- bill for your services;
- to provide customer service and support;
- manage the network supporting your services;
- make you aware of new products or services that may be of interest to you;
- service improvements;
- detect use or abuse of your services; and
- compliance with policies or terms of service.
Movius may use your information for any of the above purposes, for business activities and needs.
Specifically, Movius’ services may access contact lists maintained by third-party products such as Microsoft Outlook. We do not use this information for any purpose other than to enable features of the service we provide to you. We will never contact anyone in your address book, nor allow anyone inside or outside of Movius to have access to this information.
Additionally, Movius may disclose personal information in connection with Caller ID, 911/E911.
We may transmit your name and/or telephone number to be displayed on a Caller ID device unless you have elected to block such information. We may provide your name, address, and telephone number to public safety authorities and their vendors for inclusion in E911 databases and records.
We sometimes disclose your personal information to our affiliates, to our employees for Movius’ internal business purposes, as well as to outside auditors, professional advisors and service providers, potential business transition partners, and regulators. Typically, we make these disclosures only when the disclosure is necessary to provide your services or other services to you or to conduct a legitimate business activity related to them.
Information Collected on Use of Your Services
When you use your services, Movius may transmit information about you over our network. We transmit this information in order to provide your services. We will not listen to your outgoing or incoming calls or to your voicemail, but we may store information about the date and time of your calls for billing or compliance purposes. We could be required to disclose this information and messages along with other personal information about you to comply with law enforcement or legal process. We may also monitor and/or record the performance of our Services, or perform diagnostics, in order to manage, maintain, repair, and improve your services. For the purposes of training and/or quality assurance we may monitor and record your communications with Movius employees.
Third-Party Service Providers
We may contract with third parties, joint venture partners and independent contractors to provide specific services and features for your services. If these third parties provide services to you, they will collect, disclose, and protect your personal information in accordance with Movius’ Privacy and CPNI Policies. If, however, you become a direct customer of these third parties, then you will be subject to their terms of service and privacy policies. Movius recommends that you carefully read their terms of service and policies to understand how they may use personal information about you.
Software and Configuration
Movius may use information that you provide to assist you with technical support, by collecting and maintaining your information in support software tools and diagnostic tools. The information collected in the support and diagnostic tools is available only to authorized personnel for maintaining and supporting the use of your services. Movius may also provide customer contact and support pages that you can use to communicate with Movius about technical support. Movius uses the information provided by you on these pages to support your use of your services.
Movius may also provide software directly or through third parties for your use in connection with your services. These programs may be subject to their own terms of service and other policies. Movius recommends that you carefully read their terms and policies to understand how they may use your personal information.
In certain cases, Movius may configure your Service or Service-related equipment to resolve a technical support issue or otherwise render or deliver your service. Movius may perform these configurations at your request; we may do so at your location or remotely.
We may store information that you provide to personalize your settings so that you do not have to change these settings each time you use your services. We do not share your preferences with third parties except for service providers or other third parties who may provide certain components of your services.
*COMMUNICATIONS FROM MOVIUS*
Special Offers and Updates
We may send new subscribers a welcome message and sometimes other information by e-mail. Subscribers who would like to receive information via e-mail from us about other products, services, special offers, and promotions (collectively “Marketing Offers”) may do so. If you receive any email from Movius after your initial welcome message which offers you a Marketing Offer from Movius and you do not wish to receive any future Marketing Offers from Movius, simply click on the “opt-out” option at the bottom of the email, and you will not receive any future Marketing Offers from Movius. However, you cannot opt-out of receiving the service announcements described in the section below.
We send subscribers service-related announcements from time to time. For example, we may send you an e-mail announcement about a pricing change, a change in operating policies, or new features of your service. You may not opt out of these service-related communications.
We communicate with you to provide requested services and support for questions and issues relating to your account. We will reply to your requests for customer service by e-mail, phone, discussion forum, or through any other reasonable means.
LINKS FROM MOVIUS’ WEBSITE
If you access and utilize Movius’ website at www.moviuscorp.com, the website may contain links to other websites. Some of these websites may be co-branded with Movius and may look like part of the Movius website, but Movius is not responsible for the privacy practices of these other sites. We encourage you to be aware that the privacy policies described here do not apply when you leave the Movius website and we recommend that you read the privacy policies of every website that collects personal information about you, whether the site is co-branded with Movius or not.
Movius takes the security of our customers’ and subscribers’ personal information seriously. We follow industry-standard practices to protect your personal information from unauthorized access to it. However, we cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose personal information.
CORRECTING AND ACCESSING INFORMATION
Unless applicable laws or regulations (such as GDPR for residents of the EU) require you to contact another person or legal entity (such as your service administrator under GDPR), if your personal information changes, you may update the records by contacting email@example.com
To ensure that our records are accurate, you may examine and copy personal information we collect and maintain relating to you upon reasonable notice during regular business hours. If you wish to inspect those records, please contact us by email at firstname.lastname@example.org, to arrange and appointment (or, if applicable laws or regulations (such as GDPR for residents of the EU) require you to contact another person or legal entity (such as your service administrator under GDPR), please contact such person or legal entity in accordance with such laws or regulations. We will need a reasonable period of time to locate and, if necessary, prepare the information for your review. You will only be permitted to examine records that contain information about you and no one else. Please note that, unless otherwise required by applicable laws or regulations, we may be unable to provide you with records without a subpoena, court order, or search warrant. Movius reserves the right to charge a fee for the production of any documents that you request.
We will correct our records on a going-forward basis when the personal information we have collected about you is inaccurate. Please note: it is not possible for us to correct information appearing in our or our vendors’ directory lists until the next available publication of those directory lists. Further, we may have no control over information appearing in the directory lists or directory assistance services of directory publishers or directory assistance providers not affiliated with Movius.
RETENTION OF INFORMATION
Movius maintains your personal information in our regular business records while you are a customer or subscriber of your services. We may also maintain this information for a period of time after you are no longer a customer or subscriber if the information is necessary for the purposes for which it was collected or to satisfy legal requirements. These purposes typically include business, legal, or tax purposes. If there are no pending requests, orders, or court orders for access to this personal information, we may destroy the information after it is no longer necessary for the purposes for which it was collected. If required by applicable laws or regulations, Movius will delete your personal information from our databases when you request deletion by your contacting us at email@example.com. Please note that we may be unable to provide the Movius services to you after the deletion of your personal information from our databases. Also, please note that any information that we have obtained about you may remain in backup storage for some period of time after a deletion request or after a retention period has expired. This may be the case even though we will not use such information.
NOTIFICATION OF CHANGES TO THIS POLICY
Movius CPNI Policy
In this section, we describe what information created or provided in connection with the MultiLine Service we protect and how we protect it.
As a customer or subscriber of our MultiLine Service, you have the right, and Movius has a duty, under federal law, to protect the confidentiality of certain types of services, including: (1) information about the quantity, technical configuration, type, destination, location, and amount of your use of the MultiLine Services, and (2) information contained on your bill concerning the MultiLine Services you receive. That information, when matched to your name, address, and telephone number is known as “Customer Proprietary Network Information,” or “CPNI” for short. Examples of CPNI include information typically available from telephone-related details on your monthly bill, technical information, type of service, current telephone charges, long distance and local service billing records, usage data and calling patterns.
CPNI does not include things like customer name, address, or telephone number; aggregate information or data that is not specific to a single customer; customer premises equipment; and Internet access services.
Unless Movius obtains your approval, Movius may not use this CPNI to market products and services to you other than for services you currently purchase.
Customer proprietary network information (CPNI) is information related to the quantity, technical configuration, type, destination, location, and the amount of telecommunications a customer or subscriber uses that Movius has access to by virtue of the customer-provider relationship. CPNI does not include the customer’s or subscriber’s name, address and telephone number, nor does it include Internet access services.
From time to time, Movius would like to use the CPNI information it has on file to provide you with information about Movius’ communications-related products and services or special promotions. Movius’ use of CPNI may also enhance its ability to offer products and services tailored to your specific needs. Accordingly, Movius would like your approval so that Movius may use this CPNI to let you know about communications-related services other than those to which Customer currently subscribes that Movius believes may be of interest to Customer. IF YOU APPROVE, YOU DO NOT HAVE TO TAKE ANY ACTION.
However, you do have the right to restrict our use of your CPNI. YOU MAY DENY OR WITHDRAW MOVIUS’ RIGHT TO USE YOUR CPNI AT ANY TIME BY EMAILING firstname.lastname@example.org. If you deny or restrict your approval for Movius to use your CPNI, you will suffer no effect, now or in the future, on how Movius provides any services to which you subscribe. Any denial or restriction of your approval remains valid until your services are discontinued or you affirmatively revoke or limit such approval or denial.
Federal privacy rules require Movius to authenticate the identity of its customer or subscriber prior to disclosing CPNI. Customers or subscribers calling Movius’ customer service center can discuss their services and billings with a Movius representative once that representative has verified the caller’s identity. There are two methods by which Movius will conduct customer authentication:
- by calling the direct customer of Movius back at the telephone number associated with the customer’s account with Movius; or
- by e-mailing the requested documents to the direct customer of Movius at the e-mail address of record with Movius.
Movius will not conduct customer authentication with a subscriber of Movius’ direct customer. Movius will only conduct customer authentication with a subscriber if the subscriber is Movius’ direct customer.
NOTIFICATIONS OF CERTAIN ACCOUNT CHANGES
Movius will be notifying customers or subscribers of certain account changes. For example, whenever an online account is created or changed, or a password or other form of authentication (such as a “secret question and answer”) is created or changed, Movius will notify the account holder. Additionally, after an account has been established, when a customer’s address (whether postal or e-mail) changes or is added to an account, Movius will send a notification. These notifications may be sent to a postal or e-mail address, or by telephone, voicemail or text message.
DISCLOSURE OF CPNI
Movius may disclose CPNI in the following circumstances:
- When disclosure is required by law or court order.
- To protect the rights and property of Movius or to protect customers or subscribers and other carriers from fraudulent, abusive, or unlawful use of services.
- To provide the services to the customer or subscriber, including assisting the customer or subscriber with troubles associated with their services.
- To bill the customer or subscriber for services or to provide billing information to the billing entity.
Movius uses numerous methods to protect your CPNI. Further, all Movius employees are trained on the how CPNI is to be protected and when it may or may not be disclosed. All marketing campaigns are reviewed by a Movius supervisory committee to ensure that all such campaigns comply with applicable CPNI rules.
Movius will not release CPNI during customer-initiated telephone contact without first authenticating the Customer’s identity in the manner set-forth herein. Violation of this CPNI policy by any Movius employee will result in disciplinary action against that employee.
BREACH OF CPNI PRIVACY
In the event Movius experiences a privacy breach and CPNI is disclosed to unauthorized persons, federal rules require Movius to report such breaches to law enforcement. Specifically, Movius will notify law enforcement no later than seven (7) business days after a reasonable determination that such breach has occurred by sending electronic notification through a central reporting facility to the United States Secret Service and the FBI. A link to the reporting facility can be found at: http://www.fcc.gov/eb/cpni. Movius cannot inform its customers or subscribers of the CPNI breach until at least seven (7) days after notification has been sent to law enforcement, unless the law enforcement agent tells us to postpone disclosure pending investigation. Additionally, Movius is required to maintain records of any discovered breaches, the date that Movius discovered the breach, the date we notified law enforcement and copies of the notifications to law enforcement, a detailed description of the CPNI breach, including the circumstances of the breach, and law enforcement’s response (if any) to the reported breach. Movius will retain these records for a period of not less than two (2) years.
NOTIFICATION OF CHANGES TO THIS POLICY
If we change this CPNI Policy, we will post those changes at https://movius.ai/cpni-policy/ or in other places we deem appropriate, so that you can be aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If you decide to continue receiving your services after we make any changes to this the CPNI Policy, you shall be deemed to have given express consent to the changes in the revised CPNI Policy.