ORDER FORM SUPPLEMENT FOR OKTA MOBILE FOR ANDROID
This Order Form Supplement for Okta Mobile for Android (“Order Form Supplement”) is a legally binding agreement. Please read it carefully. By clicking "I Agree," signing in, installing or otherwise using the Okta Mobile for Android software and any updates to such software provided by Okta, Inc. (or an Affiliate, as described in section 3 below) (“Okta”) (the "Software"), you:
- (a) agree to the following terms on behalf of the Okta Customer with which you are employed, affiliated, or associated;
- (b) represent that you have the authority to bind the Customer to these terms; and
- (c) represent that you are an authorized User under the master subscription agreement between Okta and the Customer (the "Master Subscription Agreement").
If you do not have such authority, are not an authorized User, or do not agree to these terms, you may not install or use the Software.
Google LLC may, at any time and without notice, restrict, interrupt or prevent use of the Software, or delete the Software from your or the Customer's device, or require Okta to do any of the foregoing, without entitling the Customer or you to any refund, credit or other compensation from Okta or any third party (including, but not limited to, Okta, Inc. or your network connectivity provider).
This Order Form Supplement was last updated on March 5, 2020. It is effective between the Customer and Okta as of the date you first download, install or use the Software, whichever is earliest.
1. THIS ORDER FORM SUPPLEMENT
This Order Form Supplement is a part of each order form by which the Customer ordered the Okta Service or an Okta service incorporating Okta Mobile for Android (an "Order Form"). The Order Form and this Order Form Supplement are governed by the Master Subscription Agreement. This Order Form Supplement adjusts certain terms of the Master Subscription Agreement, solely with respect to the Software. Capitalized terms used but not defined in this Order Form Supplement have the meanings
given to them in the Master Subscription Agreement.
2. THE SOFTWARE
The Software allows Okta’s Customers’ Users to use the Okta Service through the Software from Supported Devices. A "Supported Device" is a combination of a mobile device running Android software and an Android software version(s) that is supported by the Software. The Software is provided by Okta as a component of the Okta Service.
3. WHO YOU ARE CONTRACTING WITH
This Order Form Supplement is being entered into between the Okta entity named on the Order Form and the Customer. In this Order Form Supplement, the term "Okta" means that entity.
4. SOFTWARE LICENSE
The Software, including software embedded in the Software, is licensed, not sold, to the Customer by Okta only under the terms of the Master Subscription Agreement, the Order Form and this Order Form Supplement, and Okta reserves all rights not expressly granted to the Customer. This Software may include some third-party software; please see the Documentation for additional notices required by our licensors. The Customer or you own the media or device on which the Software is recorded or stored but Okta retains ownership of the Software itself.
5. PERMITTED LICENSE USES AND RESTRICTIONS
(a) This Order Form Supplement allows you, as an authorized User under the Master Subscription Agreement, to use the Software on any Supported Device and on no other devices.
(b) You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
(c) With respect to updates to the Software that Okta may make available for download, this Order Form Supplement allows you to download such Software updates to update or restore the Software on any Supported Device.
(d) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Software, neither you nor any other Customer personnel may copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software updates, or any part thereof. Any attempt to do so is a violation of the rights of Okta and its licensors. If you or any other Customer personnel violate this restriction, you or they, and the Customer, may be subject to prosecution and damages.
(e) Neither you nor the Customer may rent, lease, lend, redistribute or sublicense the Software. The Customer may, however, allow other authorized Users under the Master Subscription Agreement to use the Software in connection with a re-assignment of the Supported Device to another authorized User under the Master Subscription Agreement.
(f) The Software is available only for Supported Devices, and is not available for all devices. Please check www.okta.com or contact your Okta representative to determine whether a specific device-Android software combination is supported by the Software.
(g) In addition to mobile applications offered by Okta (and for purposes of this section (g), “Okta” shall include any Affiliates of Okta, Inc.), Okta may offer platforms for the creation of third-party mobile applications. Third parties may obtain information from, or access data stored on, Users’ mobile devices to provide services associated with any third-party mobile applications that Users download, install, use, or otherwise interact with over the Okta Service or otherwise through a platform made available by Okta. The Software may also contain links or integrations to other third party mobile applications. Okta is not responsible for the security and privacy of data collected through third-party mobile applications or the privacy and security practices of such third parties.
(h) Without limiting the generality of anything herein, you acknowledge and agree that the Software may collect user or device data, including personal data, for the purposes of providing the Service, or other services or functions that are relevant to use of the Software.
6. TERM AND TERMINATION
Okta may terminate this Order Form Supplement at any time upon 30 days' notice to Customer without cause, or immediately upon notice to the Customer if any third party (including, but not limited to, Google LLC, or your network connectivity provider) restricts, prevents or ceases to authorize the installation or use of the Software on your Supported Device or over your network. In addition, this Order Form Supplement shall terminate immediately and automatically upon any termination or expiration of the Customer's subscription to the Okta Service that is subject to an Order Form. Upon any such termination or expiration, the Customer (including you) shall no longer be permitted to use the Software, and shall delete or destroy all copies of the Software in its (including your) possession. Termination or expiration of this Order Form Supplement shall not entitle the Customer to any refund, credit, or other compensation from Okta under the Master Subscription Agreement or any other agreement or from any third party.
7. SERVICE LEVEL AGREEMENT
Any service level agreement in effect between the Customer and Okta shall not apply to the Software.
8. ADDITIONAL TERMS RELEVANT TO GOOGLE INC.
(a) This Order Form Supplement constitutes an end user license agreement in lieu of any license grant provided by Google to use the Software on a Supported Device. This Order Form Supplement is between the Customer and Okta only, and not with Google. Okta is solely responsible for the Software.
(b) The Google Play marketplace is owned and operated by Google LLC. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of Service called the "Terms"). In addition, your use of Google Play is subject to the Google Play Business and Program Policies (https://play.google.com/about/android-developer-policies.html). The Google Play Market Terms of Service, Google Play Business and Program Policies, and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
(c) Okta is solely responsible for providing maintenance and support for the Software, including for defects and performance issues. Support requests, as well as questions, complaints or claims regarding the Software, may be directed to Okta Customer Support, which Users may contact by (i) logging a case by logging into the Service and submitting a support request as indicated within the applicable Okta service; or (ii) calling Okta customer support at either 1-800-219-0964 (for United States Customers); 0800 8085574 (for United Kingdom Customers); 1 800 095 441 (for Australian Customers); 0800 914 949 (for French Customers); 0800 0224 471 (for Dutch Customers); 49800 723 4788 (for German Customers). You acknowledge that Google has no obligation to furnish any maintenance and support services with respect to the Software or handle any complaints about the Software.
(d) To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Software, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Okta shall not be required to provide a refund to you or to the Customer under any circumstances.
(e) Google shall not be responsible for addressing any claims by you, the Customer or any third party relating to the Software or your or the Customer's possession and/or use of the Software, including but not limited to (i) product liability claims, (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
(f) Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Software or your or the Customer's possession and use of the Software infringes a third party's intellectual property rights.
(g) The Customer or you represent and warrant that (i) the Software will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) neither you, the Customer nor any user is listed on any U.S. Government list of prohibited or restricted parties.
(h) Okta's address is Okta, Inc., ATTN: LEGAL, 100 First Street, Floor 6, San Francisco, California 94105, USA.
(i) Notwithstanding anything to the contrary in the Master Subscription Agreement, Google LLC and its subsidiaries are third party beneficiaries of this Order Form Supplement, and have the right (and shall be deemed to have accepted the right) to enforce this Order Form Supplement against you and the Customer.
(a) Subject to third-party terms to which Okta may be subject, you understand and agree that the functionality of the Software may in some circumstances include the sending of push notifications to you on your Supported Device that are related to the operation of the Software, the underlying services, or other communications about Okta.
(b) To the extent you use the Software in connection with sending SMS messages or make cellular voice calls, you may be subject to standard text messaging rates or other carrier charges. Please indicate whether you agree to the terms of this Order Form Supplement.
10. MOBILITY MANAGEMENT
If you install and use the Software and are enrolled in the Okta Mobility Management program, you will grant your company's administrator the ability to manage your User devices. By using the Okta Mobile app, you understand and agree that you grant permission to your company's administrator, so that s/he may perform some or all of the following actions, as may be required:
(a) Set passcode policies for the device in order to secure company data, including:
- Passcode required;
- Minimum passcode length;
- Require letter in passcode;
- Require symbol in passcode;
- Passcode expiration and history;
- Failed attempts before device/work profile is wiped;
- Lock device after X minutes of user inactivity
(b) Clear the device passcode in cases when you have forgotten the passcode;
(c) Reset the device passcode in cases when you have forgotten the passcode;
(d) Lock the device when you have lost the device;
(e) Wipe all device data from a lost or stolen device; and
(f) Wipe company data from a device, if you have left the company.
11. DATA COLLECTION AND CUSTOMERS’ USAGE OF GOOGLE G SUITE
This section applies if you leverage Okta's provisioning functionality with your Google G Suite tenant. This is done by creating a "G Suite" application from the "Add Application" screen in the Okta administrator user interface, selecting "Enable API Integration", and completing the OAuth authentication flow with Google by clicking "Authenticate with G Suite".
By enabling provisioning, and successfully completing the OAuth authentication flow with Google, you agree that Okta will be able to perform the following tasks in your Google G Suite tenant on your behalf:
- View and manage the provisioning of users on your domain: provision and delete users on your domain; view and modify details (names, emails, aliases, addresses, phone numbers, organizational unit, manager, suspension status, and any additional custom fields configured by you in Okta) and metadata (usernames and passwords) of users on your domain.
- View users on your domain: view details (names, emails, aliases, addresses, phone numbers, organizational unit, manager, suspension status, and any additional custom fields configured by you in Okta) and metadata (username and passwords) of users on your domain.
- View and manage the provisioning of groups on your domain: provision and delete groups on your domain; view and modify details (memberships and roles) and metadata (name, email, description) of groups on your domain.
- View and manage G Suite licenses for your domain: view, assign, revoke, and reassign G Suite licenses for your domain.
- View and manage organization units on your domain: create and delete organization units; view and modify metadata (name and description) of organization units.
- View and manage group subscriptions on your domain: provision and delete group subscriptions on your domain; view and modify details (memberships and roles) of group subscriptions in your domain.
- View user schemas on your domain: view details (custom field names and types) of user schemas on your domain.
Additionally, you agree that the above Google G Suite data (users, groups, licenses, organization units, and custom schemas) may be stored and processed within Okta. Depending upon configuration of your Okta "G Suite" integration, as well as your organization's Okta configuration, Okta may perform the following tasks on your behalf:
- Storage, Retrieval and Processing within Okta: entities may be created, updated and removed within Okta using information retrieved from Google G Suite. Specifically: users, groups, group memberships, organizational units, licenses, and custom schemas are imported into Okta. Once imported this information may be further transformed, stored and retrieved on behalf of you in order to facilitate the Service or services by Okta.
- Transmission to Third Party Systems That You Authorize: users, groups, and other entities may be created, updated, or deleted in non-Okta, third party applications that your organization has chosen to integrate with Okta. The information transmitted to these third party systems may consist of information retrieved from Google G Suite. Transmission to these systems is dependent on your Okta configuration, including the creation of additional Okta application integrations by you. Okta makes commercially reasonable efforts to ensure that this data is securely transmitted to third parties using transport layer security. Once this information is transmitted to any third party system(s), such information is solely within the control of you and/or such third party system(s) and subject to your agreement(s) with them.
- Access control and entitlements: Users may be assigned and/or unassigned from various groups in Okta based upon information retrieved from Google G Suite. This may impact your end users' access to both Okta and additional third party systems, depending upon the manner in which you have configured your use of the Okta Service.