Hakoware EULA

April 9, 2016

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

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