(“Package Disabler LTD”)
PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING “ACCEPT” OR OTHERWISE LOADING OR USING ANY SOFTWARE OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
“Activate” means to (i) enable Licensed Software to operate in Mobile device
“Activation” means a process to Activate. “Application” means a software program developed by Package Disabler LTD, including, in respect of such software programs, all bug fixes, enhancements, modifications, new releases, new versions, revisions, supplements, updates and upgrades.
“Authorized Users” means Licensee’s employees or other authorized contractors who have written and binding agreements with Licensee to protect the unauthorized use and disclosure of Package Disabler LTD and other third party Confidential Information (to the extent they will have access to such Confidential Information). “Documentation” means any technical specifications and other specifications or documentation that Package Disabler LTD may make available or provide to Licensee relating to or for use of the Licensed Software.
“End Users” mean any individuals who use the Finished Products.
“Finished Product” means an end product that is finally produced by Licensee with an Application for its end users or authorized users.
“Intellectual Property Rights” or “IPR” means any patents and patent applications, design rights, copyrights, database rights, utility models, mask works, trademarks, domain names, know-how and trade secrets and any other intellectual property rights or any rights of a similar nature including divisions, continuations, renewals, re-issuances and extensions of the foregoing now existing or hereafter filed, issued or acquired.
“Licensed Software” means any software that are provided and licensed to Licensee under this Agreement
“License Key” means a license key issued to Licensee with which Licensee may make Activation on duly purchased Products.
This Agreement is effective as of the date (the “Effective Date”) on which this Agreement is electronically signed or accepted by Licensee or otherwise Licensee loads or uses any software or documentation provided under this Agreement. The term of this Agreement commences on the Effective Date and continues effective for three (3) years unless terminated earlier by Licensee or Package Disabler LTD. Unless a party sends the other party a notice of termination 30 days before the end of the Term (or the extension thereof), this Agreement shall be automatically renewed for additional one year periods.
- Scope Of License
“Business Use Only”
Licensee may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If Licensee breaches this restriction, Licensee may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Collection of data.
Licensee acknowledges and agrees that, in using the license activation method, the following information regarding Mobile device that Licensee wish to Activate will be provided to Package Disabler LTD for the purpose of Activation: License Key, “IMEI”, “Serial Number” or ” MAC address” in hashed form, MODEL description, Android OS Version, Build Number, SDK Version, SDK APIs usage time / frequency, Package name / version / APK files (in hashed form) of the Application which use SDK, MCC (Mobile Country code) / MNC (Mobile network code), Country ISO code, CSC (customer software configuration) code, Client time zone.
- Intellectual Property Rights
Licensee acknowledges and agrees that Package Disabler LTD owns, without limitation, all right, title and interest to patent, copyright, trademark, trade name, trade secret and other Intellectual Property Rights relating to the design, manufacture, operation of the application. Licensee shall not obtain any right, title or interest in or to any Intellectual Property Rights of Package Disabler LTD other than as expressly granted in this Agreement and only for the specific purposes set forth herein. Except for the limited license granted to Licensee in this Agreement. Licensee agrees to cooperate with Package Disabler LTD to maintain Package Disabler LTD’s ownership of the application, and Documentation.
Nothing in this Agreement grants Licensee any right to use any of Package Disabler LTD’s trademarks, trade names, copyrights, service marks, logos, domain names, patents, trade secrets, other brand features distinctive to Package Disabler LTD, which remain, at all times, the sole and exclusive property of Package Disabler LTD.
- DISCLAIMER OF WARRANTY
THE APPLICATION, AND DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND FROM PACKAGE DISABLER LTD. PACKAGE DISABLER LTD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PUPOSE AND NON-INFRINGEMENT.LICENSEE’S USE OF THE application AND/OR DOCUMENTATION IS AT ITS OWN DISCRETION AND RISK, AND LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SAME INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO LICENSEE’S COMPUTER SYSTEM OR LOSS OF DATA. FOR THE PURPOSE OF CLARITY, THE SAMPLE CODE IS LICENSED “AS-IS” AND LICENSEE BEARS THE RISK OF USING IT. PACKAGE DISABLER LTD GIVES NO EXPRESS AND/OR IMPLIED WARRANTIES, GUARANTEE OR CONDITIONS.
- LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER 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 LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER 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.