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BETA SOFTWARE APPLICATION AGREEMENT OWLIE BETA CHATBOT ADDITIONAL TERMS OF SERVICE
Owlie App

BETA SOFTWARE APPLICATION AGREEMENT

This Beta Software Application Agreement (the “Agreement”) becomes a binding contract between you and Monotype when you download, access or Use the Owlie Software Application (the “Beta App”) or click on the area marked “ACCEPT LICENSE AGREEMENT” or similar language. If you do not wish to be bound by the Agreement, you cannot access or Use the Beta App. By accepting this Agreement, you are agreeing to be a participant in a beta program (the “Beta Program”) for the Beta App. See Section 3 of this Agreement for a description of the information Monotype may collect from you through your participation in this Beta Program. Please read this entire Agreement before you agree to be bound by its terms and conditions. This Agreement contains capitalized terms that are defined in Section 8.

You have no rights to the Beta App other than as expressly set forth in this Agreement. You hereby agree to the following:

  1. You are bound by this Agreement and you acknowledge that all Use of and access to the Beta App is governed by this Agreement.
  2. You are hereby granted a non-exclusive, non-assignable, non-transferable license to (a) download and Use the Beta App to one Device, and (b) provide usage and direct Feedback to Monotype in the manners described to you at the time you downloaded the Beta App to your Device. You agree that any and all feedback you provide to Monotype regarding the Beta App, including all suggestions for improvements, functionality and usage enhancements shall be owned by Monotype and used in Monotype’s sole discretion.
  3. THE BETA APP COLLECTS INFORMATION ABOUT YOU, SOME OF WHICH IS ANONYMIZED USAGE INFORMATION AND SOME OF WHICH MAY BE CONSIDERED PERSONALLY IDENTIFIABLE INFORMATION IN THE JURISDICTION IN WHICH YOU RESIDE. INFORMATION COLLECTED BY THE BETA APP MAY INCLUDE, BUT IS NOT LIMITED TO, INFORMATION CONTAINED ON YOUR FACEBOOK PROFILE INCLUDING YOUR PROFILE PHOTOGRAPHS, YOUR EMAIL ADDRESS, YOUR TELEHPONE NUMBER ALL KEYSTROKE INFORMATION YOU TYPE INTO THE BETA APP, YOUR DEVICE ID, YOUR ADVERTISING ID, THE PHYSICAL LOCATION OF YOUR DEVICE, HOW AND WHEN YOU USE THE BETA APP, WHOM YOU SHARE KEYSTROKE DATA WITH AND HOW THE BETA APP PERFORMS WHILE YOU USE IT. ALL INFORMATION COLLECTED BY MONOTYPE WILL BE STORED IN THE UNITED STATES OF AMERICA. YOU EXPRESSLY AGREE AND CONSENT TO COLLECTED INFORMATION BEING RETAINED AND STORED IN THE UNITED STATES OF AMERICA. IF YOU DONOT WISH TO HAVE INFORMATION COLELCTED, RETAINED AND STORED IN THE UNITED STATES OF AMERICA, YOUR ONLY RECOURSE IS TO NOT USE THE BETA APP. ALL INFORMATION COLLECTED, STORED AND RETAINED FROM YOUR USE OF THE BETA APP WILL BE IN COMPLIANCE WITH MONOTYPE’S PRIVACY POLICY, WHICH IS LOCATED HERE. CERTAIN INFORMATION, SUCH AS YOUR EMAIL ADDRESS AND TELEPHONE NUMBER IS COLLECTED BY FACEBOOK WHEN YOU LOG IN USING YOUR FACEBOOK ID OR BY USING PASSWORDLESS LOGIN. INFORMATION COLLECTED AND RETAINED BY FACEBOOK IS GOVERNED BY THEIR PRIVACY POLICY.
  4. MONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE BETA APP. MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
  5. You agree that Monotype owns all right, title and interest in and to the Beta App, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Beta App, its structure, organization, code, and related files are valuable property of Monotype and that any intentional Use of or access to the Beta App not expressly permitted by this Agreement constitutes a theft of valuable property. You agree not to copy, adapt, modify, alter, translate, convert, or otherwise change the Beta App, or create Derivative Works from the Beta App or any portion thereof. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Beta App. You may not change any trademark or trade name designation for the Beta App. All rights not expressly granted in this Agreement are expressly reserved to Monotype.
  6. This Agreement is governed by the laws of the Commonwealth of Massachusetts applicable to contracts wholly entered and performable within such Commonwealth (without regard to applicable conflict of laws provisions). The United States District Court for the District of Massachusetts or, if federal subject matter jurisdiction is lacking, the Superior Court of the Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both You and Monotype agree to the personal jurisdiction and venue of these courts in any action related to such agreement. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.
  7. The termination of this Agreement shall not preclude Monotype from suing you for damages of any breach of this Agreement. You agree that the Beta App will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.
  8. Definitions:
    “Derivative Work” means data based upon or derived from the Beta App (or any portion of the Beta App) in any form in which such data may be recast, transformed, or adapted including, but not limited to, data in any format into which the Beta App may be converted.
    “Device” means a mobile device such as a smartphone, tablet or other mobile device that connects to an application store where the Beta App is available or allows the Beta App to be uploaded to the device itself.
    “Monotype” means, collectively, Monotype Imaging Inc., its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party that has licensed to Monotype any or all of the components of the Beta App supplied to you pursuant to this Agreement.
    “Use” of the Beta App shall occur when an individual is able to give commands that are followed by the Beta App.

    LAST UPDATED: OCTOBER 21, 2016.
Owlie Bot

OWLIE BETA CHATBOT ADDITIONAL TERMS OF SERVICE

The Owlie Beta Chatbot is offered to you by Monotype Imaging Inc., a Delaware corporation with offices at 600 Unicorn Park Drive, Woburn, MA 01801 USA (“Monotype”). By accepting the Terms (as defined herein), you are agreeing to be a participant in a beta program for the Owlie Beta Bot and acknowledge and understand that Monotype collect feedback from you regarding the Owlie Beta Bot, either directly or via anonymized usage data.

  1. YOUR ACCEPTANCE OF TERMS.
    1. YOUR ACCESS AND USE OF THE OWLIE BETA BOT CONSTITUTES YOUR ACCEPTANCE OF, AND IS SUBJECT TO, THESE MONOTYPE OWLIE BETA CHATBOT ADDITIONAL TERMS (THE “ADDITIONAL TERMS”), MONOTYPE’S TERMS OF USE, LOCATED HERE; AND MONOTYPE’S PRIVACY POLICY, LOCATED HERE (COLLECTIVELY, THE “TERMS”). THE TERMS MAY BE UPDATED FROM TIME TO TIME WITHOUT INDIVIDUAL NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS BY CLICKING THE APPLICABLE LINKS ABOVE.
    2. You agree that any and all feedback you provide to Monotype regarding the Owlie Beta Bot, including all suggestions for improvements, functionality and usage enhancements shall be owned by Monotype and used in Monotype’s sole discretion.
    3. The Owlie Beta Bot will interact and converse with you to answer questions, help complete tasks or perform other activities. The Owlie Beta Bot may rely on Monotype personnel and/or automated systems to respond to questions or instructions from users.
    4. Monotype may collect information about you when you use the Owlie Beta Bot, including your conversations and interactions with the Owlie Beta Bot, your messaging bot platform user ID and information associated with your messaging bot platform account.
    5. Monotype may also collect information provided by a third-party (including apps, messaging platforms and other services) interacting with the Owlie Beta Bot, which could include: your account information with the third-party, such as user ID, name, photo, phone number, email address; and device information such as device ID, device type, operating system, and mobile carrier.
    6. Monotype’s personnel and automated systems may have access to and/or monitor all communications content as they are sent, received, and when they are stored, in order to fulfill your requests, further product and services development, and provide personalized experiences and advertising.
    7. By accessing, using and continuing to use the Owlie Beta Bot, you represent and warrant that you are permitted to do so under applicable law. You are solely responsible for using the Owlie Beta Bot in compliance with any and all applicable law. If you are in a jurisdiction where download or use of the Owlie Beta Bot is prohibited or restricted or if you are below the applicable legal age required to use the Owlie Beta Bot, do not download or use the Owlie Beta Bot. Unless explicitly stated otherwise, any new features that augment or enhance the current Owlie Beta Bot, including any public release of the Owlie Beta Bot shall be subject to the Terms, which you agree to by continued use of the Owlie Beta Bot.
  2. DESCRIPTION AND USE OF THE OWLIE BETA BOT.
    1. Saving and Accessing Information. Monotype may save on servers owned or controlled by Monotype the conversations and other information that you provide when using the Owlie Beta Bot. Your use of the Owlie Beta Bot constitutes your consent to allow Monotype to store these communications and other information on its servers, which may be located in the United States of America, for back up, security and all other purposes set forth in the Terms. You are solely responsible for the content that you use or store in connection with the Assistant Services and if you wish, are solely responsible for backing up your data. Except as set forth herein, you acknowledge and agree that Monotype does not guarantee that data associated with your use of the Owlie Beta Bot will be accessible to you, or that any data deleted, removed or rendered inaccessible can be provided to you.
    2. Communications from Monotype. You also understand and agree that the Owlie Beta Bot may include certain communications from Monotype or other third parties, such as Owlie Beta Bot announcements and administrative messages, or recommendations that directly relate to the conversations you have with the Owlie Beta Bot and that you will not be able to opt out of receiving such communications.
    3. Fees. Monotype reserves the right to charge fees for future use of or access to the Owlie Beta Bot, or other Monotype products and services, in Monotype’s sole discretion. If Monotype decides to charge fees, Monotype will provide you with prior notice.
  3. INTEROPERABILITY. The Owlie Beta Bot is provided on platforms that are not owned by Monotype. These platforms may have their own terms of service and privacy policies and Monotype encourages you to review those terms of service and privacy policy. Monotype assumes no responsibility for the platforms, the conduct of persons or entities with which you communicate on those platforms, and/or the policies governing the use of or interaction with such platforms.
  4. NO WARRANTY. MONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE OWLIE BETA BOT. MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  5. RESTRICTIONS ON USE. You agree that Monotype or its third party licensors own all right, title and interest in and to the Owlie Beta Bot, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Owlie Beta Bot, its structure, organization, code, and related files are valuable property of Monotype or its third party licensors and that any intentional use of or access to the Owlie Beta Bot not expressly permitted by the Terms constitutes a theft of valuable property. You agree not to copy, adapt, modify, alter, translate, convert, or otherwise change the Owlie Beta Bot, or create derivative works from the Owlie Beta Bot or any portion thereof. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Owlie Beta Bot. You may not change any trademark or trade name designation for the Owlie Beta Bot. These Terms grant you no right, title or interest in any intellectual property owned or licensed by Monotype, including, without limitation, the Owlie Beta Bot and Monotype trademarks. All rights not expressly granted in the Terms are expressly reserved to Monotype.
  6. GOVERNING LAW; FORUM. These Additional Terms are governed by the laws of the Commonwealth of Massachusetts applicable to contracts wholly entered and performable within such Commonwealth (without regard to applicable conflict of laws provisions). The United States District Court for the District of Massachusetts or, if federal subject matter jurisdiction is lacking, the Superior Court of the Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum for any disputes arising out of or related to the Terms. Both You and Monotype agree to the personal jurisdiction and venue of these courts in any action related to these Terms. If any part of the Terms are found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms.
  7. OTHER
    1. U.S. Government Additional Terms. If applicable, all Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial rights and restrictions described herein. If the Owlie Beta Bot and related documentation are supplied to or purchased by or on behalf of the United States Government, if applicable, then the Owlie Beta Bot is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software."
    2. Termination and Export. The termination of these Additional Terms shall not preclude Monotype from suing you for damages due to your breach. You agree that the Owlie Beta Bot will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.
  8. LAST UPDATED: JULY 14, 2016