END USER LICENSE AGREEMENT
Effective Date: 02.02.2017
By downloading, opening the application, and/or using any mobile application (such as Kalea X; together with any other applications developed and distributed by Alika X, the “Alika X Apps”), you acknowledge that have carefully read and understood the terms of this End User User License Agreement(EULA), and you agree that this EULA is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Alika X your use of Alika X Apps indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Alika X grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Alika X Apps in accordance with this Agreement and any other written agreement with Alika X. Alika X does not transfer the title of Alika X Apps to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Alika X and the purchasers or users of Alika X Apps .
If you do not agree to be bound by this agreement, remove Alika X Apps from your devices now and, if applicable, promptly return to Alika X by mail any copies of Alika X Apps and related documentation and packaging in your possession.
Alika X Apps and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Alika X Apps contact Alika X.
3. USER AGREEMENT
Your license to use Alika X Apps is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Alika X Apps .
3.2 Use Restrictions
You shall use Alika X Apps in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Alika X Apps together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
You may not use any of the Alika X Apps or the Services if you are under the age of 13.
Each licensed copy of Alika X Apps may be used on one single device location by one user. Use of Alika X Apps means that you have loaded, installed, or run Alika X Apps on a computer or similar device. If you install Alika X Apps onto a multi-user platform, server or network, each and every individual user of Alika X Apps must be licensed separately.
You may make one copy of Alika X Apps for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Alika X Apps. The assignment, sublicense, networking, sale, or distribution of copies of Alika X Apps are strictly forbidden without the prior written consent of Alika X. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Alika X Apps. If any person other than yourself uses Alika X Apps registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
Alika X Apps contain copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Alika X Apps. Nor can you create any derivative works or other works that are based upon or derived from Alika X Apps in whole or in part.
Alika X's name, logo and graphics file that represents Alika X Apps shall not be used in any way to promote products developed with Alika X Apps. Alika X retains sole and exclusive ownership of all right, title and interest in and to Alika X Apps and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Alika X Apps, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Alika X.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Alika X, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Alika X's Apps.
In no event (including, without limitation, in the event of negligence) will Alika X, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Alika X Apps or the use or inability to use Alika X Apps or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Alika X's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Alika X Apps (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Alika X) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Alika X.
3.5 Information Security
ALIKA X SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.
3.6 Information Accuracy
We follow software development best practices to help ensure that everything we show you is accurate and complete. However, we cannot guarantee that Alika X Apps does not have errors or bugs. Even if there are no errors or bugs, it is possible to draw inappropriate conclusions from Information that you see. ALIKA X DOES NOT WARRANT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF THE INFORMATION ON ALIKA X APPS.
Except as expressly stated in writing, Alika X makes no representation or warranties in respect of Alika X Apps and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.8 Governing Law
This Agreement shall be governed by the law of the United Kingdom applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Alika X Apps and destroy all copies of Alika X Apps supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
ALIKA X APPS AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ALIKA X APPS AS WELL.
5. CONSENT OF USE OF DATA
6. LINKED SITES AND THIRD PARTIES
You may be able to link to third-party sites or connect to third-party applications from Alika X Apps or you may choose to share your Information with third-party device makers (collectively, “Third Parties”). Alika X does not control third-party linked sites or third-party device makers in any way, and Alika X is not responsible for the content, availability, advertising, products, information or additional links, use of information, security or privacy policies and practices, or materials of any such third parties. Links to third-party sites and the option to share your Information with third-party device makers does not imply Alika X’s endorsement of, or association with, such third parties. In no event shall Alika X be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of third-party sites, third-party applications or sharing with third-party device makers.
7. CHANGES TO THE TERMS
We may modify, amend or change the terms, conditions or provisions of these Terms prospectively from time to time without prior notice to you, so please check them periodically. If a change, in our sole discretion, to these Terms is material, we will notify you. We will post the new terms and indicate the revision date. By using Alika X Apps after any changes to these Terms, you agree to be bound by those changes and the new terms. If you disagree with the new terms, please stop using Alika X Apps.
8. CHANGES TO THE ALIKA X APPS
We reserve the right to modify, refine, add or remove features, impose limits on the service, or suspend Alika X Apps, with or without prior notice to you and without liability to anyone, including you or any third party.
We may impose or you may experience limits on your use of Alika X Apps. If you disagree with any changes to Alika X Apps, you agree that your only recourse will be to stop using Alika X Apps. Continuing to access Alika X Apps after any modifications will indicate that you agree with the changes and are satisfied with Alika X Apps as modified.
9. CONTACT US
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or by mail at:
Alika X Ltd.
20-22 Wenlock Road
London, N1 7GU