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).