Terms and Conditions
IMPORTANT - USE OF Faber Nitor Mobile Pte Ltd SOFTWARE IS SUBJECT TO LICENSERESTRICTIONS. CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THESOFTWARE.NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. THIS LICENSE IS ALEGAL "AGREEMENT" CONCERNING THE USE OF SOFTWARE BETWEEN YOU, THE END USER,EITHER INDIVIDUALLY OR AS AN AUTHORIZED REPRESENTATIVE OF THE COMPANYOBTAINING THE LICENSE, AND Faber Nitor Mobile Pte Ltd. BY USING ALL OR ANYPORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THISAGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATION ON: USE, TRANSFERABILITY,WARRANTY AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKEANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOTUSE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (E.G. CD)WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THISAGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU:(A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THELOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASEDATE.1. DEFINITIONS. "Software" means (a) all of the content of the files,disk(s), CD-ROM(s) or other media with which this agreement is provided,including but not limited to (i) Faber Nitor Mobile Pte Ltd or third partycomputer information or software; (ii) digital images, stock photographs,clip art, sounds or other artistic works ("Stock Files"); (iii) relatedexplanatory written materials or files ("Documentation"); and (b) modifiedversions, updates additions, and copies of the Software, if any, licensedto you by Faber Nitor Mobile Pte Ltd. "Use" or "Using" means to access,install, download, copy or otherwise benefit from using the functionality ofthe Software in accordance with the Documentation. "Permitted Number" meansone (1) unless otherwise indicated under a valid license (e.g. volumelicense) granted by Faber Nitor Mobile Pte Ltd. "Computer" means anelectronic device that accepts information in digital or similar form andmanipulates it for a specific result based on a sequence of instructions."Faber Nitor Mobile Pte Ltd" means a joint stock company, duly organized andvalidly existing under the laws of the Republic of Singapore, named as FaberNitor Mobile Pte Ltd, and having its principal place of business at 128Tanjong Pagar Road, Singapore 088535.2. SOFTWARE LICENSE. As long as you comply with the terms of this End UserLicense Agreement (the "Agreement"), Faber Nitor Mobile Pte Ltd grants toyou a non-exclusive license to Use the Software for the purposes describedin Documentation. Some third party materials included in the Software maybe subject to other terms and conditions, which are typically found in a"Read Me" file located near such materials.2.1 General Use. You may install and Use a copy of the Software on yourcompatible computer, up to the Permitted Number of computers; or2.2 Server Use. You may install one copy of the Software on your computerfile server for the purpose of downloading and installing the Software ontoother computers within your internal network up to the Permitted Number oryou may install one copy of the Software on a computer file server withinyour internal network for the sole and exclusive purpose of using theSoftware though the commands, data or instructions (e.g. scripts) from anunlimited number of computers on your internal network. No other network useis permitted, including but not limited to using the Software eitherdirectly or through commands, data or instructions from or to a computer notpart of your internal network, for internet or web hosting services or byany user not licensed to use this copy of the Software through a validlicense from Faber Nitor Mobile Pte Ltd; and2.3 Backup Copy. You may make one backup copy of the Software, provided yourbackup copy is not installed or used on any computer, for the followingpurposes:-reservation of the Software copy and having it in store for a case of theSoftware damage. You may not transfer the rights to a backup copy unless youtransfer all rights in the Software as provided under Section 4.2.4 Home Use. You, as primary user of the computer on which the Software isinstalled, may also install the Software on one of your home computers.However, the Software may not be used on your home computer at the same timethe Software on the primary computer is being used.2.5 Stock Files. Unless stated otherwise in the "Read Me" files associatedwith the Stock Files, which may include specific rights and restrictionswith respect to such materials, you may display, modify, reproduce anddistribute any of the Stock Files on a stand-alone basis, i. E. Incircumstances in which the Stock Files constitute the primary value of theproduct being distributed. Stock Files may not be used in the production oflibelous defamatory, fraudulent, lewd, obscene or pornographic material orany material that infringes upon any third party intellectual rights in theStock Files or derivative works thereof.2.6 Lost License. If the License with its individual number is lost eitheralong with hardware or alone, the License is deemed invalid. In this caseyou can either get a new license or contact Faber Nitor Mobile Pte LtdSupport Department, support@fabernitor.net3. INTELLECTUAL PROPERTY RIGHTS. The Software and any copies that you areauthorized by Faber Nitor Mobile Pte Ltd to make are the intellectualproperty of and are owned by Faber Nitor Mobile Pte Ltd. The structure,organization and code of the Software are the valuable trade secrets andconfidential information of Faber Nitor Mobile Pte Ltd. The Software isprotected by copyright, including without limitation by Singapore CopyrightLaw, international treaties provisions and applicable laws in the country inwhich it is being used. You may not copy the Software, except as set forthin Section 2 ("Software License"). Any copies that you are permitted to makepursuant to this Agreement must contain the same copyright and otherproprietary notices that appear on or in the Software. You agree not tomodify, adapt or translate the Software. You also agree not to reverseengineer, decompile, disassemble or otherwise attempt to discover the sourcecode of the Software except to the extent you may be expressly permitted todecompile under applicable law, it is essential to do so in order to achieveoperability of the Software with another software program, and you havefirst requested Faber Nitor Mobile Pte Ltd to provide information necessaryto achieve such operability and Faber Nitor Mobile Pte Ltd has not made suchinformation available. Faber Nitor Mobile Pte Ltd has the right to imposereasonable conditions and to request a reasonable fee before providing suchinformation. Any information supplied by Faber Nitor Mobile Pte Ltd orobtained by you, as permitted hereunder, may only be used by you for thepurpose described herein and may not be disclosed to any third party or usedto create any software which is substantially similar to the extension ofthe Software. Requests for information should be directed to the Faber NitorMobile Pte Ltd's Support Department, support@fabernitor.net. Trademarksshall be used in accordance with accepted trademark practice, includingidentification of trademarks owners' names. Trademarks can only be used toidentify printed output produced by the Software and such use of anytrademark does not give you any rights of ownership in that trademark.Except as expressly stated above, this Agreement does not grant you anyintellectual property rights in the Software.4. TRANSFER. You may not rent, lease, sublicense, or authorize all or anyportion of the Software to be copied onto another users computer except asmay be expressly permitted herein. You may, however, transfer all yourrights to Use the Software to another person or legal entity provided that:(a) you also transfer each this Agreement, the Software and all othersoftware or hardware bundled or pre-installed with the Software, includingall copies, Updates and prior versions to such person or entity; (b) youretain no copies, including backups and copies stored on a computer; and (c)the receiving party accepts the terms and conditions of this Agreement andany other terms and conditions upon which you legally purchased a license tothe Software. Notwithstanding the foregoing, you may not transfereducation, pre-release, or not for resale copies of the Software.5. MULTIPLE ENVIRONMENT SOFTWARE/ MULTIPLE LANGUAGE SOFTWARE/ DUAL MEDIASOFTWARE/ MULTIPLE COPIES/ BUNDLES. If the Software supports multipleplatforms of languages, if you receive the Software on multiple media, ifyou otherwise receive multiple copies of the Software, or if you receivedthe Software bundled with other software, the total numbers of yourcomputers on which all versions of the Software are installed may not exceedthe Permitted Number. You may not rent, lease, sublicense, lend or transferany versions or copies of such Software you do not Use.6. NO WARRANTY. The Software is being delivered to you "AS IS" and FaberNitor Mobile Pte Ltd makes no warranty as to its use or performance. FaberNitor Mobile Pte Ltd AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THEPERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANYWARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAMECANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE IN YOURJURISDICTION, Faber Nitor Mobile Pte Ltd AND ITS SUPPLIERS MAKE NOWARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHERBY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTERINCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS,MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANYPARTICULAR PURPOSE.7. LIMITATION OF LIABILITY. IN NO EVENT WILL Faber Nitor Mobile Pte Ltd ORITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVEROR ANY CONSEQUENTIAL, INDIRECT, DIRECT, INCIDENTAL DAMAGES, OR ANY LOSTPROFITS OR LOST SAVINGS, EVEN IF Faber Nitor Mobile Pte Ltd REPRESENTATIVEHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTSOR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS ANDEXCLUSIONS APPLY TO EXTENT PERMITTED BY APPLICABLE LAW IN YOURJURISDICTION. Faber Nitor Mobile Pte Ltd'S AGGREGATE LIABILITY AND THAT OFITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TOTHE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Faber Nitor Mobile Pte Ltd isacting on behalf of its suppliers for the purpose of disclaiming, excludingand/or limiting obligations, warranties and liability as provided in thisAgreement, but in no other respects and for no other purpose.8. LIFE ENDANGERING ACTIVITIES. NEITHER Faber Nitor Mobile Pte Ltd NOR ITSSUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES RESULTING FROM OR IN CONNECTIONWITH THE USE OF SOFTWARE IN ANY APPLICATION WHERE THE FAILURE OR INACCURACYOF THE SOFTWARE MIGHT RESULT IN DEATH OR PERSONAL INJURY. YOU AGREE TOINDEMNIFY AND HOLD HARMLESS Faber Nitor Mobile Pte Ltd AND ITS SUPPLIERSFROM ANY CLAIMS, LOSS, COST, DAMAGE, EXPENSE, OR LIABILITY, INCLUDINGATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH SUCH USE.9. GENERAL PROVISIONS. This Agreement contains the entire understandingbetween the parties relating to its subject matter and supersedes all prioror contemporaneous agreements, including but not limited to any purchaseorder terms and conditions, except valid license agreements related to thesubject matter of this Agreement which are physically signed by you and anauthorized agent of Faber Nitor Mobile Pte Ltd. This Agreement may only bemodified by a physically signed writing between you and an authorized agentof Faber Nitor Mobile Pte Ltd. Waiver of terms or excuse of breach must bein writing and shall not constitute subsequent consent, waiver or excuse.10. COMPLIANCE WITH LICENSES. If you are a business or organization, youagree that upon request of Faber Nitor Mobile Pte Ltd or Faber Nitor MobilePte Ltd's authorized agent, you will within thirty (30) days fully documentand certify that Use of any and all Faber Nitor Mobile Pte Ltd's Softwareat the time of the request is in conformity with your valid license obtainedfrom Faber Nitor Mobile Pte Ltd.If you have any questions regarding this agreement or if you wish to requestany information from Faber Nitor Mobile Pte Ltd, please use the address andthe contact information included in this product to contact the Faber NitorMobile Pte Ltd office serving your jurisdiction.
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