PenPower Technology Ltd.
Software
User License Agreement
You are licensed to
legally use this software program (“the Software”) by PenPower
Technology Ltd (“PenPower”) under this license
agreement (“The Agreement”). If you
do not agree with any of the provisions in this Agreement, please do not
install, copy or use the Software.
By using the Software, you are deemed to fully understand and accept the
provisions of this Agreement.
1.
Intellectual
Property
All intellectual property rights in the Software,
together with all information and documents included in the packaging for the
Software (including but not limited to copyrights), are property of PenPower or have been licensed to PenPower,
and are protected by relevant laws and regulations.
2.
License
to Use
You are authorized to use the Software on one (1)
single device only. You may not use
the Software on any other machines other than the said single computer.
3.
Authority
to Copy
The Software and all documents included with the
Software, and copyright thereof, are property of PenPower. You are licensed to make one (1) copy of
the Software for your personal backup purposes. All other acts of copying are strictly
prohibited. The backup copy shall not be installed nor used while the Software
is being used.
You may not sell, lease, dissemble, reverse engineer, copy, translate, adapt or derive the Software, or
obtain the source code of the Software by any other means. You may not use the Software for any
purposes other than those permitted under this Agreement.
4.
Business
Users
If you need to install or use the Software on more than
one (1) computer, please contact PenPower or our
local distributor to purchase a license for the additional use.
5.
Privacy
Policy
This privacy policy
explains what information PenPower may collect about
you, how PenPower and other companies may use it, and
tracking technologies that may be used to collect information. When you use our
sites or our mobile applications (our "apps"), PenPower
collect information about you and use it to facilitate and improve our
services. PenPower
may change this Privacy Policy at any time by posting a revised Privacy Policy
on this page or apps download screen and such changes will be effective upon
posting.
Information PenPower collect
a. Information
collected automatically: When you visit our sites and use our apps, PenPower automatically collect and store information about
your computer or mobile device and your activities. This information may
include:
Your computer's or mobile
device’s IP address
Technical information about your
computer or mobile device (such as type of device, web browser or operating
system)
Your preferences and settings
(time zone, language, etc.)
Your computer's or mobile device's
unique ID number
Your mobile device's geographic
location (specific geographic location if you've enabled collection of that
information, or general geographic location automatically)
How long you visited our sites or
used our apps and which services and features you used
User-generated content. (When you use Our Services to scan images of business card(s) for recognizing text automatically (OCR), we will collect Contacts list and Images which you choose to take or upload.)
b. Information you choose to provide: You may choose to open an account and provide us with information in order to use certain services or to take advantage of special offers. This information may include your name, serial number and related information of the services, email address, phone number, User-generated content. You may choose not to provide us with any personally identifiable information. But if you don't provide certain information, you won't be able to use some of the services PenPower offer.
How PenPower use your information
We use your
information to provide and improve our services, customize services for you,
make special offers, better understand our users, diagnose and fix problems,
and sell and display ads that may be relevant to you.
Email Address: PenPower use your email address only to allow you to log in
to your account, send you confirmations (of your registration, purchase, etc.),
and to send you messages as part of our services. PenPower
will also use your email address to respond to your customer service inquiries.
Phone Number: PenPower use your mobile phone number only to send you SMS
messages that you've requested.
Advertisers :
Advertisers and advertising networks use tracking technologies to collect
information about users' computers or mobile devices and their online
activities (for example, web pages visited and searches made) as well as
general geographic location and use that information to display targeted ads to
users. PenPower sometimes allow these ad companies to
collect such information when you use our sites and apps to enable them to
display targeted ads to you.
Legal Matters: PenPower may use or disclose user information: in response
to a legal request, such as a subpoena, court order, or government demand; to
comply with the law; in connection with a threat of litigation; to investigate
or report illegal activity; to protect the legal rights of PENPOWER, our
customers, our sites and apps or users of our sites and apps; or to enforce our
rights or defend claims. PenPower may also transfer
your information to another company in connection with a corporate
restructuring, such as a sale or merger.
Mobile Device IDs: If
you're using an app, PenPower use mobile device IDs
(the unique identifier assigned to a device by the manufacturer), instead of
cookies, to recognize you.
Apps
If you install one of
our apps on your mobile device, your use of the app is subject to our app
license agreement.
We pay high level to
attention to your data security and specially have a commission of data security,
which leads and coordinates relevant departments in processing data security
and inspects the risk level of data security on a periodical basis; in the
meanwhile, the head of the commission will be the Data Protection Officer whose
duty includes guarantee of our company-wide performance in fulfilling the
commitment of data security, etc.You can contact our
Data Protection Officer via email at android@penpowerinc.com.
6.
Liability
You agree to
indemnify PenPower against all losses, costs, debts, settlement
payments or other expenses (including but not limited to attorneys
fees) arising from your breach of this Agreement, and you agree to compensate PenPower for all of the abovementioned damages.
7.
Third
Party Offerings
The Software may
allow you to access the contents, software applications and data services of a
third party, including but not limited to a variety of Internet applications
("Third Party Offerings") and interoperate with them. Your access to
and use of any Third Party Offering is governed by the agreed terms and
conditions in connection with the offering and the copyright laws of the
country the third party belongs to.
Third Party Offerings
are not owned or provided by the PenPower. Third
Party Offerings may at any time for any reason be modified or discontinued. PenPower does not control, endorse, or accept any
responsibility associated with Third Party Offerings. Any agreement between you
and any third party in connection with a Third Party Offering, including
privacy policies and use of your personal information, delivery of and payment
for goods and services, and any other terms, conditions, warranties, or
representations of the third party associated with such agreement is solely a dealing between you and the third party. You should take
into consideration and shall assume all risks or responsibilities in connection
with the use of "Third Party Offerings."
8.
No
Warranty
Effectiveness of a packaged
software in handling information is closely related to its software and
hardware environment. The Software
is published following careful development and product testing by PenPower, but PenPower is not
able to conduct tests based on all possible combinations of software and
hardware environment. Therefore, PenPower is unable to promise nor
warrant that there will be absolutely no risk of loss or damage of information,
or any other kind of loss, during installation and/or execution of the
Software. You must be fully aware
of your risks in using the Software.
PenPower will provide you with the Software and support
services in respect of the Software to the maximum extent permitted by
law. However, PenPower
does not warrant that the Software and information included in the package of
the Software contain no defects or errors.
PenPower is not liable for any indirect,
special or incidental loss arising from the Software, including but not limited
to loss of profits, damage to business reputation, cessation of work, hardware
malfunction or damage, or any other commercial damage or loss arising from
commercial use of the Software.
9.
Limitation
of Liability and Damages
Except as expressly specified and expressly agreed to
in writing by PenPower, PenPower
shall not be responsible for any damage incurred by you for any reason under
this Agreement, The maximum amount of compensation payable by PenPower, in respect of any damage incurred by you for any
reason under this Agreement, is limited to the amount you have already paid to PenPower in respect of the Software.
Under no circumstances will PenPower
be held liable for the possibility of loss, notwithstanding PenPower
may be aware of the possibility of such loss.
10.
Prohibition
Against Sublicense
You are prohibited to assign the license in respect of
the Software granted to you under this Agreement, or to grant a sublicense to
another person.
11.
Jurisdiction
With regards to any disputes arising from this
Agreement, PenPower and you agree that the court
having jurisdiction over the business location of PenPower
will be the court in the first instance.
12.
Miscellaneous
In the event that any provision of this Agreement is
found to be invalid at law, such invalidity will not affect the validity of any
other provisions, or the legal enforceability of such other provisions.