TERMS OF SERVICE
By downloading any application made by Hakoware, (here after referred to as “The Company”),
installing or using a Hakoware application (here after referred to as “Application”) or any portion thereof, you
agree to the following terms and conditions (the “Terms and Conditions”).
1. USE OF APPLICATION
a. The Company grants you the non-exclusive, non-transferable, limited right and license to install and
use this Application solely and exclusively for your personal use.
b. You may not use the Application in any manner that could damage, disable, overburden, or impair the
Application (or servers or networks connected to the Application), nor may you use the Application in
any manner that could interfere with any other party’s use and enjoyment of the Application (or servers
or networks connected to the Application).
c. Information provided by our users through the Application may contain links to third party websites
that are not owned or controlled by the Application. The Application has no control over, and assumes
no responsibility for, the content, privacy policies, or practices of any third party websites. In addition,
the Application will not and cannot censor or edit the content of any third-party site.
d. You agree that you are solely responsible for (and that The Company has no responsibility to you or to
any third party for) your use of the Application, any breach of your obligations under the Terms and
Conditions, and for the consequences (including any loss or damage which The Company may suffer) of
any such breach.
2. PROPRIETARY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential information that is
protected by applicable intellectual property and other laws, and (b) The Company and/or third parties
own all right, title and interest in and to the Application and content, excluding content provided by you,
that may be presented or accessed through the Application, including without limitation all Intellectual
Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from
time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law,
and any and all other proprietary rights, and any and all applications, renewals, extensions and
restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and
will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate,
prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to
derive source code from the Application or content that may be presented or accessed through the
Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the
security or content usage rules provided, deployed or enforced by any functionality (including without
limitation digital rights management functionality) contained in the Application, (iii) use the Application
to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or
(iv) remove, obscure, or alter The Company’s or any third party’s copyright notices, trademarks, or other
proprietary rights notices affixed to or contained within or accessed in conjunction with or through the
Application.
3. TERMINATION
These Terms and Conditions will continue to apply until terminated by either you or The Company as set
forth below. You may terminate these Terms and Conditions at any time by permanently deleting the
Application from your mobile device in its entirety. Your rights automatically and immediately terminate
without notice from The Company or any Third Party if you fail to comply with any provision of these
Terms and Conditions. In such event, you must immediately delete the Application.
4. DISCLAIMER / LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE
DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT
WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR
LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. THE COMPANY FURTHER 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,
WITH RESPECT TO THE APPLICATION.
d. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE
SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL
SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO
DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
e. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED
BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO
YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN
ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING