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EULA

DRAFT – JAN 15th, 2015
UNIFIED INBOX PTE. LTD.
END USER LICENSE AGREEMENT
for
LICENSED APPLICATION
YOU ACKNOWLEDGE THAT YOU WILL BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (INCLUDING ANY TERMS OR POLICIES REFERENCED HEREIN) BY CLICKING ON THE “I ACCEPT-BUTTON” BELOW OR BY USING THE LICENSED APPLICATION.

 

Unified Inbox Pte. Ltd., Singapore, (“UIB” or “”we” or “us” or “our”) offers you (“you” or “your”) services to manage communication through UIB’s licensed software application (the “Application”) for any mobile or other computerized device that you own or control (a “Device”).  You understand that anyone with knowledge of your phone number or email address may send you messages through our Application. The Application is licensed, not sold, to you for use only on the terms of this License, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern. UIB reserves all rights not expressly granted to you.

 

a. Scope of License: This License for the Application is a limited, worldwide, non-exclusive, non-transferable and non-sublicensable right to use the Application on any Device.

You are not allowed to:

  • distribute or make the Application available over a network where it could be used by multiple devices at the same time; and/or
  • rent, lease, lend, sell, redistribute or sublicense the Application, and/or
  • copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except to the extent any foregoing restriction is prohibited by applicable law or to the extent permitted by the licensing terms governing use of any open sourced components included with the Application).

This License will also govern any upgrade provided by UIB, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

 

b. Consent to Use of Data: UIB receives and collects information about you from your use of the Application. You agree that UIB may use that information, as long as it is in a form that does not personally identify you or if such use is required by applicable laws.

 

c. Termination. This License is effective until terminated by either you or UIB giving the other 30 days’ written notice. Your rights under this License will also terminate automatically without notice from UIB if: (1) any fees payable in relation to your use of the Application are not paid when due (regardless of who is responsible for payment of those fees); or (2) you fail to comply with any term of this License. Upon termination of the License, you must no longer use the Application, and must destroy all copies, full or partial, of the Application.

 

d. Services. The Application may enable access to UIB’s and third party services and websites (“Services”). Use of the Services may require Internet access and that you accept a third party’s terms of Service.

By using any Services, you may encounter content that may be deemed offensive, indecent, or objectionable. You agree to use the Services at your sole risk.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you agree that UIB is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Third Party Materials or websites. UIB does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Neither UIB, nor any of its content or service providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, and you shall not exploit the Services in any unauthorized way whatsoever. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party and you will indemnify UIB in full against any claims by third parties which are based on your non-compliance with the aforementioned obligations.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from your Devices are not available in all languages or in all countries. UIB makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws. UIB and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice and without liability to you. UIB may also impose limits on your use of or access to certain Services in any case and without notice or liability.

 

e. Your use of the Application and the Services is also subject to UIB’s Acceptable Use and Anti-Spam Policy (https://unifiedinbox.com/aup/), Privacy Policy (https://unifiedinbox.com/privacy/) and any other policy UIB may implement from time to time.

 

f. NO WARRANTY: YOU AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND PERFORMANCE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. UIB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UIB DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UIB OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. UIB MAY IMPOSE LIMITS ON THE USE OF OR ACCESS TO THE APPLICATION WITHOUT NOTICE OR LIABILITY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

g. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL UIB BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF UIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall UIB’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount that is equal to the fees that you paid for the subscription of the Application in the calendar month immediately preceding the events which purportedly caused damages to you. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

h. You may not use or export or re-export the Application except as authorized by the applicable export control regulations and the laws of the country in which the Application was obtained. You must not use the Application for any purposes prohibited by law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

i. The laws of Singapore, excluding its conflicts of law rules, govern this License and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

 

j. Changes to this License. UIB may change the terms of this License from time to time. UIB will publish the changes on its website at www.unifiedinbox.com/legal. The changes will be effective when published. Please review UIB’s website and this License regularly. You agree that your use of the Application after the publication of changed terms constitutes your agreement with the published changes.

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