Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY.

MOKA5 INC. AND ITS AFFILIATES (“Moka5″, “M5”,”WE” OR “US”) PROVIDE THIS WEBSITE TO YOU, SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN MOKA5 AND YOU, AND YOU ACCEPT THEM BY USING OUR WEB SITE LOCATED AT THE URL WWW.MOKA5.COM AND/OR ANY OTHER SITE PROVIDED BY US (COLLECTIVELY, THE “SITE”); AND/OR ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

1) Our Technology:

Moka5 fundamentally transforms enterprise end user computing. The M5 platform creates a highly elastic enterprise perimeter where consistent user data and applications are delivered as simply-managed and highly-secure workspaces to popular end-user devices.

M5 Enterprise AnyWare delivers:

  • Agile Management
  • Secure Access
  • Device-aware Data

2) Modifications to Terms of Use and Additional Terms:

We reserve the right, at any time, to modify, alter, update or remove portions of these Terms. Please check them (including our privacy policy (“Privacy Policy”) and all other policies) from time to time as your continued use of the Site signifies your acceptance of any changed items. The Terms also include additional terms that may apply to specific services and software you may access on or from the Site (“Additional Terms”). Such Additional Terms will be available for you to read in connection with your use of such service or software. If there is any conflict between the Additional Terms and the terms expressly stated on this page, the Additional Terms shall control.

3) Acceptance of the Terms:

Your use of the Site is your acceptance of the Terms. If you do not agree to all the Terms, do not use the Site or any services offered on the Site. You may not use the Site or accept the Terms if: (a) you are not of legal age to enter into a binding contract; or (b) you are a person prohibited by the laws of the United States of America or any other country from receiving the services on the Site, including export and import control laws.

4) Restrictions On Use Of The Site And Its Content:

The Site is owned and operated by Moka5. All materials appearing on the Site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of us and our licensors.

We authorize you to download and print documents and portions of documents, including but not limited to information published by us on the Site and expressly labeled as “downloadable”, solely for internal viewing and browsing purposes. However, any technical information that you download is also governed by the terms and conditions of your written software license agreement or partnership agreement with Moka5, whichever is applicable.

You agree not to change or delete any copyright, trademark or other proprietary notices from any copy of these documents which you download or print.

5) Third-party Websites:

The Website may make available links to, and your computer may enable you to connect to, other websites neither owned nor controlled by Moka5 (“Third-Party Websites”). Such links are provided only as a convenience to you. Moka5 has not reviewed, and cannot review, all of the material, including computer software or other goods or services, made available through Third-Party Websites. The availability by means of the Website of a link to a Third-Party Website does not represent, warrant or imply that Moka5 endorses such website or any material, goods or services available thereby. Third-Party materials accessed through or used by means of the Website, Software may also be protected by copyright and other intellectual property laws.

6) Rules of User Conduct:

By posting information in or otherwise using any communications service, forum, message board, newsgroup, software library or other interactive service that may be available to you on or through the Site, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data or other information – that:

  • i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy (including stalking), tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates these Terms or Privacy Statement;
  • ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • iii) victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • iv) infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
  • v) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
  • vi) contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • vii) interferes with or disrupts our services or servers or networks connected to the Site;
  • viii) intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • ix) collect or stores personal data about other users; or
  • x) impersonates any person or entity, including any employee or representative of us or otherwise misrepresents your affiliation with a person or entity.

7) Special Admonitions for International Use::

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data and software exported from the United States and the export and import laws of the country in which you reside.

8) No Advice or Recommendations:

The Site offers information, tools and resources to provide a better understanding of our products and services to customers, potential customers, partners and other affiliates. We do not provide business advice through the Site or through any services offered on the Site, including but not limited to, any return-on-investment information, white papers, etc.

9) Intellectual Property:

By making a Contribution to the Website, you agree to grant, and thereby grant, to Moka5 a nonexclusive, perpetual, transferable, sublicensable, royalty-free, non-revocable, worldwide license to reproduce, make derivative works of, distribute, have distributed, transmit, copy, publicly display and perform, and otherwise use such Contribution for any purpose in any way related to Moka5’s business, including without limitation by making that Contribution available for consumption by other Website users. You hereby irrevocably waive any claim based on moral rights, if any, in any Contribution. You hereby acknowledge and affirm that the use of the Website is sufficient consideration for the grant of this license to Moka5.

10) Reporting Violations:

  1. Copyright Infringement and Moka5’s DMCA Policy: By making a Contribution to the Website, you agree to grant, and thereby grant, to Moka5 a nonexclusive, perpetual, transferable, sublicensable, royalty-free, non-revocable, worldwide license to reproduce, make derivative works of, distribute, have distributed, transmit, copy, publicly display and perform, and otherwise use such Contribution for any purpose in any way related to Moka5’s business, including without limitation by making that Contribution available for consumption by other Website users. You hereby irrevocably waive any claim based on moral rights, if any, in any Contribution. You hereby acknowledge and affirm that the use of the Website is sufficient consideration for the grant of this license to Moka5.
  2. Other Violations: If you suspect that a Contributor or other user has violated your rights, or has posted content that is obscene, lewd, lascivious, excessively violent, harassing, objectionable, or otherwise in violation of this Agreement, a Moka5 policy or the law, you should report the suspected violation to Moka5 at [email protected]. Your email should include: (i) a description of the location of the objectionable material sufficiently detailed to allow Moka5 to reasonably locate the suspected violation; (ii) a detailed explanation of the suspected violation; and (iii) the statement that by submitting such email you represent and warrant that the information set forth in such email is true and correct. Actual or suspected violations may result, as determined by Moka5 in its sole discretion, in Moka5: (1) suspending terminating a user’s right to access and use the Website; (2) disabling links to third-party content; (3) removing Contributions from the Website and Amazon Wesbite, and deleting system files and other data relating to the suspected violation; and, (4) in appropriate cases, referring the suspected violation to the appropriate regulatory, administrative or law enforcement authorities.

11) Disclaimer of Warranties and Limitation of Liability:

  • a. Disclaimer of Warranties: YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE AND HOSTING SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND HOSTING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MOKA5 AND ITS CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MOKA5 AND ITS CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO OR USE OF THE WEBSITE AND HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
  • b. Exclusion of Damages: MOKA5 AND ITS CONTRACTORS AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE OR HOSTING SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER MOKA5 NOR ITS LICENSORS MAKE ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO THE EXISTENCE OR INTEGRITY OF BACKUPS, IF ANY, OF CONTRIBUTIONS OR OTHER CONTENT OR MATERIALS STORED ON THE WEBSITE. MOKA5 MAKES BACKUPS, IF AT ALL, FOR SERVER RESTORATION PURPOSES ONLY. IT IS YOUR RESPONSIBILITY TO MAINTAIN LOCAL COPIES OF YOUR CONTRIBUTIONS. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST MOKA5 AND ITS CONTRACTORS AND LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE WEBSITE, HOSTING SERVICES OR SOFTWARE EXCEED THE MONEY PAID TO MOKA5 FOR SAID ACCESS AND USE DURING THE 12-MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. THE PARTIES AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  • c. Personal Information: You agree that your submission to Moka5, or Moka5’s gathering of information in connection with your access to and use of the Website and/or Software is at your sole risk. Moka5 and its contractors, as applicable, do not assume any loss, misuse or other liability relating to such information.
  • d. Application: UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

12) Indemnity:

You agree to defend, indemnify and hold harmless Moka5 and its directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, services providers and other contractors (collectively, “Moka5 Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (“Claims”) arising out of or relating to: (i) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the Website and Software, including without limitation your or others’ downloading or consumption of Contributions or content or other materials available by means of the Website, Website or Third-Party Websites, or your purchasing of goods or services from third parties; or (iii) your Contributions or provision to Moka5 of information or other data. The Moka5 Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Moka5 Indemnified Parties (“Indemnified Claim”). You may not settle any Indemnified Claim without the prior written consent of the concerned Moka5 Indemnified Parties.

13) Distribute Resolution:

  1. a. Binding Arbitration: All disputes arising out of or relating to this Agreement (including its formation, performance, or alleged breach) of your access to or use of the Website and Hosting Services, including without limitation your or others’ downloading or consumption of Contributions or content or other materials available by means of the Website, the Amazon Website or Third-Party Websites, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in San Mateo County, California before and in accordance with JAMS. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The parties also may seek an order or judgment by a court of competent jurisdiction compelling arbitration or confirming any arbitration award secured under this Section 13(a).

IF YOU DO NOT WISH TO ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS AFTER REGISTERING WITH THE WEBSITE BY SENDING US AN EMAIL AT [email protected]. IF YOU NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION, YOU MAY CONTINUE TO USE THE NON-INTERACTIVE PORTION OF THE WEBSITE; HOWEVER, YOUR REGISTRATION WILL BE CANCELLED AND YOU WILL NOT BE ABLE TO DOWNLOAD M5 SOFTWARE OR USE THE INTERACTIVE PORTIONS OF THE WEBSITE. IF YOU ELECT TO CONTINUE USING THE NON-INTERACTIVE PORTION OF THE WEBSITE AFTER GIVING MOKAFIVE SUCH NOTICE, YOU AGREE TO ACCEPT ALL OF THE TERMS OF THIS AGREEMENT EXCEPT FOR THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION.

  1. b. Injunctive Relief and Confirmation Proceedings: Notwithstanding the foregoing, Moka5 will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
  2. c. Jurisdiction and Venue: In the event of litigation or to compel arbitration or to enforce an arbitration award under Section 13(a), or to obtain an injunction under Section 13(b), the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California.
  3. d. Applicable law: EXCEPT TO THE EXTENT APPLICABLE LAW, IF ANY, PROVIDES OTHERWISE, THIS AGREEMENT AND ANY ACCESS TO OR USE OF THE WEBSITE AND HOSTING SERVICES, INCLUDING WITHOUT LIMITATION YOUR OR OTHERS’ DOWNLOADING OR CONSUMPTION OF CONTRIBUTIONS OR CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE WEBSITE, SOFTWARE OR THIRD-PARTY WEBSITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, U.S.A.

14) Termination:

Moka5 may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Hosting Services in its sole discretion, for any reason or no reason at all, with or without cause, and without notice or liability to you or any third party. Any termination of this agreement automatically terminates the license to use this Website and Software, including without limitation your rights to access and use the Software and Website, and to create, publish, broadcast, search and consume LivePCs. Upon termination, Moka5 may, in its sole discretion, delete from the Website any files or other information or data relating to your account and Contributions. Subsequent to termination, Moka5 reserves the right to exercise whatever means it deems necessary to prevent your unauthorized access to and use of the Software, Website and the Hosting Services, including without limitation technological barriers such as IP mapping and direct contact with your Internet Service Provider.

15) Survival:

Upon termination, all rights and obligations created by this Agreement will terminate, except that that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights; disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.

16) Notices:

Moka5, MokaFive, LivePC, LiveData, and M5 Platform are all trademarks of Moka5, Inc.

17) Communications with Moka5:

All notices and other communications to Moka5 required under this Agreement should be directed to:

Moka5, Inc.
475 Broadway St, 2nd Floor
Redwood City, CA 94063 USA
OR: [email protected]