Terms of Service
NOTICE TO THE END USER:
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE AFFLE LICENSED MATERIALS YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING IN PARTICULAR THE LIMITATIONS ON USE, WARRANTY, LIABILITY. YOU AGREE THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN, NEGOTIATED CONTRACT THAT MAY BE SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THE LICENSED MATERIALS.
The capitalized terms in this AFFLE End User License Agreement ("Terms") shall have the same definitions provided in the AFFLE Privacy Statement ("Privacy Statement"). AFFLE and Affle Software shall be collectively referred to as "Licensed Materials" (Licensed Materials). In order to install any Licensed Materials, you must agree to these Terms.
Installation and use of the Licensed Materials is voluntary. For detailed uninstall instructions, please email remove@affle.co.uk .
Likewise, we may modify or discontinue your right to access or use the Licensed Materials at any time and for any reason.
- Ownership and Authority to Bind Users of Subscribers" Computers
Affle owns all intellectual property in the Licensed Materials. Affle permits you to use this Software only in accordance with the terms of this agreement.
You must either own the mobile phone on which the Licensed Materials will be installed, or you must be authorized by the owner of the mobile phone to install it. If the computer has other users, you must obtain their consent to these Terms (end user).
- Scope of License and License Restrictions
Solely for your own personal, non-commercial purposes, we grant you the right to install and use the Licensed Materials. The Licensed Materials are licensed, not sold to you. These are your only rights with regard to the Licensed Materials. You may not modify, adapt, translate, reverse-engineer, decompile, disassemble, or otherwise discover the Licensed Materials. All communications between us and the Licensed Materials and the content stored on our servers and in the Licensed Materials includes our confidential information and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as may be performed by the Licensed Materials in the ordinary course of operation. You do not have the right to create derivative works of Licensed Materials.
The Licensed materials may allow you to access third party websites. Your access and use of any such third party websites, including any goods, services and/or information made available by such sites, is governed by such the terms ad conditions found at each third party website, if any.
YOUR USE OF SUCH THIRD PARTY WEBSITES IS AT YOUR OWN RISK. AFFLE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUE, COMMON LAW, CUSTOM OR USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BY NOT LIMITED TO NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
- Interference
Use of any robot, spider, other automatic or non-automatic manual device or process intended to interfere or attempt to interfere with the proper working of the Licensed Materials is prohibited.
- Updates
Occasionally, we may, automatically, or through other means, update, upgrade, or patch the Licensed Materials. Your license to an existing version of Licensed Materials may, at our discretion, expire when new versions of Licensed Materials are released.
Notwithstanding the foregoing, we have no obligation to make available to you any subsequent versions of Licensed Materials. Any subsequent versions made available to you would require the end user to freshly accept the terms and conditions contained with the modified version.
You agree that by using an update you voluntarily terminate your right to use any previous version of the Licensed Materials, except you may continue to use the previous versions upon the installation of the update but only to assist you in the transition to the update provided that: (i) the previous version and update are installed on the same computer (ii) the previous version and update are not transferred to third party or third party computers: and (iii) you agree that any obligation that Affle had towards the previous versions ends upon the installation of the update.
- DISCLAIMER OF WARRANTY
USE OF THE LICENSED MATERIALS IS AT YOUR OWN RISK. WE PROVIDE THE LICENSED MATERIALS ON AN "AS IS," "WHERE IS" BASIS AND AFFLE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. AFFLE WILL PROVIDE NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE LICENSED MATERIALS EXCEPT TO THE EXTENT CONTAINED HEREIN. NOTWITHSTANDING THE FOREGOING YOU AGREE THE USE OF THE LICENSED MATERIALS BY YOU IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE ALSO DISCLAIM ALL LIABILITY WITH REGARD TO YOUR VIEWING OF ANY WEB PAGES THAT MAY BE AVAILABLE BY LINK OR OTHERWISE FROM SEARCH RESULTS OR OTHER INFORMATION YOU RECEIVE WHEN USING THE LICENSED MATERIALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. WE MAKE NO WARRANTY THAT INFORMATION PROVIDED BY THE LICENSED MATERIALS IS ACCURATE, RELIABLE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OTHERWISE WILL MEET YOUR EXPECTATIONS. NOTWITHSTANDING THE FOREGOING THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
The provisions of Section 5: Disclaimer Of Warranty shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
- Modification of terms
These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms without our explicit consent. Affle may at anytime with or without notice change these terms. In such case, and when appropriate, Affle will seek consent to the new terms from the end user.
- Applicable Law and Jurisdiction
The laws of the Singapore will govern these Terms. This agreement will not be governed by the conflict of law principles. The courts of Singapore shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and the end user hereby consent to the jurisdiction of such courts.
- Severability
If any provision of this agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- General
All captions and heading in this agreement are for convenience only and shall not in any manner affect the construction and interpretation of any of the provisions contained herein. Any waiver of any default or breach hereunder shall not constitute a waiver of any provision of this agreement.
This is the entire agreement between Affle and the end user relating to the Licensed Materials and it supersedes any prior representations, discussions, undertakings, communications, advertisements, public relations exercises, all made in relation to the Licensed Materials.
