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