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.
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
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. 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.
If you install one of our apps on your mobile device, your use of the app is subject to our app license agreement.
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.
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.
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.