Please read this End User License Agreement (EULA) carefully before using the ASL Enterprises Inc. (ASL) my Human Resources (mHR) mobile application, which allows You to access ASL’s Software-as-a-Service from Your mobile device. This EULA forms a legally binding agreement between you, and any other legal entity on whose behalf you accept these terms, collectively You or Your and ASL (each separately a Party and collectively referred to as the Parties) as of the date you download the mHR Mobile App. Your use of the mHR Mobile App is subject to this EULA and Your use of ASL’s Software-as-a-Service will remain subject to the existing the Software License Agreement between ASL and your employer governing such use. With respect to the use of the mHR Mobile App, and to the extent the Software License Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the mHR Mobile App.
1. License. ASL grants You a revocable, non-exclusive, non-transferable, limited license to download, install,
and use the mHR Mobile App for Your personal and business purposes strictly in accordance with this EULA and the Software License Agreement.
2. Your Account. Your use of the mHR Mobile App requires that You have authorization from your employer and agree to the terms of the Software License Agreement.
3. Changes to this EULA. ASL reserves the right to modify this EULA at any time and for any reason.
ASL will post the most current version of this EULA at https://www.aslconsulting.com/legal. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at ASL’s website. Your continued use of the mHR Mobile App after ASL publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support. ASL may deploy changes, updates, or enhancements to the mHR Mobile App at any time. ASL may provide maintenance and support for the mHR Mobile App solely to your employer, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Operating System) nor Google (for Android Operating System) has an obligation to furnish any maintenance or support services in connection with the mHR Mobile App.
6. Privacy. In order to operate and provide the mHR Mobile App, ASL may collect certain information about You, including technical and telemetry data related to your use of the mHR Mobile App. We may use third party service providers to help us collect and analyze this data, including Google Analytics. ASL uses and protects that information in accordance with the ASL Privacy Notice a current version of which can be found at www.aslconsulting.com/privacy.
7. Consent to Electronic Communications and Solicitation. By downloading the mHR Mobile App, You authorize ASL to send You, including via email and push notifications, information regarding the mHR Mobile App, such as: (a) notices about Your use of the mHR Mobile App, including notices of violations of use; (b) updates to the mHR Mobile App and new features or products; and (c) promotional information and materials regarding ASL’s products and services.
8. No Warranty. YOUR USE OF THE mHR MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. ASL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The mHR Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the mHR Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. ASL does not represent or warrant that the mHR Mobile App and Your device are compatible or that the mHR Mobile App will work on Your device.
8.1 iOS Application. APPLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Suspension and Termination of the mHR Mobile App. ASL reserves the right to suspend or terminate Your access to the mHR Mobile App at any time based on the status of Your account under the Software License Agreement. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Software.
10. Intellectual Property Rights. In the event of a third party claim that the mHR Mobile App, or Your possession and use of the mHR Mobile App, infringes any third party’s intellectual property rights, ASL will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a Canada and/or United States Government embargo; (b) You are not located in a country that has been designated by Canada and/or the United States Government as a ‘terrorist supporting’ country; and (c) You are not listed on any Canada and/or U.S. Government list of prohibited or restricted parties. You further agree not to transport the mHR Mobile App
to or use the mHR Mobile App in any such country.
12. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing Your Software License Agreement.
13. Contact Information. If You have any questions regarding this EULA, please contact ASL by email at email@example.com, by phone at 1.800.INFO.ASL, or by mail to 800-155 Rexdale Blvd., Toronto, ON Canada M9W 5Z8 Attention: Legal Counsel.
14. Third Party Beneficiaries. This EULA is executed between You and ASL and not between you and any other party,
including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the mHR Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. ASL is not responsible for any applicable third-party agreement between You and Your third-party, including your wireless provider.