WorldCard Team License Agreement

This is an agreement between you and PENPOWER TECHNOLOGY LTD.(PenPower”) for the software product of WorldCard Team (the “Software”) accompanying this Software License Agreement (“Agreement”) .

The Software includes the software for Server / iOS / Android / Windows / Mac / Web. Before installation or use of the Software, you must read and accept the terms and conditions of this Agreement as follows. By using or installing the Software you represent that you have carefully read and expressly accept all terms and conditions contained in this Agreement and will be legally bound by the terms and conditions hereunder.

If you do not accept the terms and conditions of this Agreement, please do not install or use the Software.

 

1. Grand of License.

PenPower grants you a nonexclusive license to use the Software and its functionalities solely for your internal business purpose and that your use of the Software must comply with the terms and conditions of this Agreement. The Software is only licensed and not sold to you by PenPower.

 

2. Installation and Use

You may install and use the Software only for the number of licenses acquired by you. In order to exercise your rights to the Software under this Agreement, you must activate your copy of the Software in the manner described during the launch sequence.

 

3. Ownership

PenPower retains all right and related interest in and to the Software and all copies at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. You neither own nor hereby acquire any claim or right of ownership to the Software or to any related patents, copyrights, trademarks or other intellectual property rights.

 

4. Copyright

The Software is copyrighted by PenPower and is protected by copyright and patent laws of Republic of China (ROC) and international treaty provisions. You shall not copy the Software except to install the Software components licensed by you, as set forth by law, on to computers as part of executing the Software.

 

5. Restrictions

Except as expressly permitted by this Agreement or by applicable law you shall not: (a) lease, loan, resell, assign, sublicense, or otherwise distribute the Software or any of the rights granted by this Agreement; (b) modify (even for purpose of error correction), or translate the Software or create derivative works therefrom except as necessary to configure the Software using the menus, options and tools contained in the Software; (c) in any way reverse engineer, disassemble or decompile (including reverse compiling to ensure interoperability) the Software or any portion thereof; (d) use unauthorized keycode(s) or distribute keycode(s); (e) permit third party access to, or use of the Software, and (f) distribute or publish keycode(s).

 

6. Limited Warranty and Remedy

(a) PenPower warrants that the Software will conform to the functional description set forth in its standard documentation, but does not warrant that the use of the Software will operate uninterrupted or error free. Any revisions or upgrades to the Software shall not restart or affect the warranty period.

(b) You agree that your remedy for breach of the above-stated limited warranty shall be, either: (i) correction or replacement of the Software with products which conform to the above-stated limited warranty; or (ii) return of the price paid for the Software and termination of this Agreement. Such remedy shall be provided to you by PenPower only if you give PenPower written notice of any breach of the above-stated limited warranty, within thirty (30) days of receipt of the Software.

(C) EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS SECTION 6, PENPOWER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, (I) OF MERCHANTABILITY, (II) OF FITNESS FOR A PARTICULAR PURPOSE, (III) OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR (IV) AGAINST HIDDEN DEFECTS. YOU ACKNOWLEDGE THAT IN ENTERING INTO THIS AGREEMENT, YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGEMENT TO EVALUATE THE SOFTWARE AND TO ENSURE THAT THE SOFTWARE MEETS YOUR REQUIREMENTS.

 

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.  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.

 

9. Limitation of Liability

To the extent permitted by applicable law or this Agreement, in no event PenPower shall be liable to you or any third party for any direct or indirect damages or costs, including without limitation, any lost profits or revenues, loss or inaccuracy of data, or cost of substitute goods, regardless of the theory of liability (including negligence) and even if PenPower has been advised of the possibility of such damages.

In any event, PenPower’s total aggregate liability to you for actual direct damages for using the Software shall be limited to the Software license fees paid by you for the Software.

 

10. Termination

This Agreement is effective until terminated. You may terminate this Agreement at any time by providing PenPower with written notice. Except as otherwise specified in this Agreement, you will not receive any refund of fees.

This Agreement may be terminated by PenPower in the event that: (i) you fail to pay the license fees and other charges set forth at the time of your order; or (ii) you fail to comply with any of the terms and conditions set forth in this Agreement and do not rectify such failure within thirty (30) days after receiving notice thereof. Termination shall not relieve you from your obligation to pay fees that remain unpaid. Upon termination by PenPower of this Agreement, PenPower shall have no obligation to refund to you any fees paid by you.

Upon any termination of this Agreement, you shall: (i) immediately cease all use of the Software, including the use and distribution of any custom applications incorporating the Software; and (ii) return the Software to PenPower or destroy same, and certify to PenPower, in writing, that all copies and partial copies thereof have been returned or completely destroyed and are no longer being used.

 

11. General

If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. This Agreement constitutes the entire agreement between you and PenPower, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement.

 

12. Governing Law

This Agreement is governed by the laws of Republic of China (ROC).