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Terms and Conditions

Terms & Conditions

 

This End User License Agreement (the “Agreement”) is to set out the uses of the software (“Software”) created by O2U Limited, a company incorporated in Hong Kong with limited liability with its registered office at Flat F, 4/F., Valiant Industrial Centre, 2-12 Au Pui Wan Street, Fotan, New Territories, Hong Kong (“O2U”, “us”, “our”, and “we”) which you may download, install, or use on computer, mobile devices or other peripherals products. The Software may include the firmware that will run on the hardware (“Hardware”) manufactured by O2U as well as any of its updates, patches, fixes and revisions provided by us from time to time. By using the Software, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement in full, the use of the Software shall be terminated immediately. We may change the terms in this Agreement from time to time in our sole discretion without notice or liability to you. By continuing to use the Software following such modifications to the Agreement, you agree to be bound by such modifications.

 

Rights We Grant You

The Software and the content therefore (the “Content”) are the property of O2U or O2U’s licensors (as the case may be). We grant you a limited, non-exclusive, revocable and non–transferable license to make personal and non-commercial use of the Software and the Content (the “License”). This License shall remain in effect until and unless terminated by you or O2U.

The Software and the Content are licensed to you, and you acknowledge and confirm that ownership of the Software and the Content remains vested in and under the control of O2U, our licensors and/or suppliers, as applicable, and O2U, our licensors and/or suppliers retain all right, title and interest to the Software, and all intellectual property rights thereto including without limitation patents, inventions, know-how, trade secrets and other confidential information, registered designs, copyrights, design rights, rights affording equivalent protection to copyright and design rights, topography rights, trade marks, service marks, business names, trade names, logos, moral rights, registration of an application to register any of the aforesaid items, rights in the nature of any of the aforesaid items in any country, rights in the nature of unfair competition rights and rights to sue for passing-off. No licenses or rights are granted other than to the extent set out in this Agreement.

 

Rules of Using Our Software

As a condition of your use of the Software, you shall not:

  1. decompile, reverse engineer, reverse analyse or attempt to reconstruct, identify or discover any source code or underlying user interface techniques to algorithms, disassemble, or otherwise reduce the Software to a human perceivable form;
  2. make any additions or enhancements to the Software;
  3. modify, adapt, translate, rent, lease, loan, sell, distribute, encumber, license, supply or deal in the Software or combine, merge or otherwise permit the Software to become incorporated in any other product or create derivative works based upon the Software;
  4. remove or alert any trademark, copyright, or other intellectual property notices on Software;
  5. attempt to create any software to connect with the Hardware; and
  6. place the Software in public domain.
  7. You acknowledge and agree that you shall not modify any data in respect of the Software, nor access data in any format except as provided via the Software.

 

Warranty and Disclaimer

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED REPRESENTATION WARRANTY OR CONDITION OF ANY KIND. ANY USE OR RELIANCE ON THE SOFTWARE IS AT YOUR OWN RISK. NOTHING ON THE SOFTWARE SHOULD BE TAKEN TO CONSTITUTE PROFESSIONAL ADVICE OR A FORMAL RECOMMENDATION. WE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATION AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT IN RELATION TO THE CONTENT AND THE USE OF THE SOFTWARE.  YOU UNDERSTAND AND AGREE THAT WE WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM RESULTING FROM YOUR USE OF THE SOFTWARE OR RELIANCE ON THE CONTENT OR ANY PART THEREOF. IN ADDITION, O2U MAKES NO REPRESENTATION NOR DOES IT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. SOME ASPECTS OF THIS DISCLAIMER MAY NOT APPLY TO YOU IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

This disclaimer of liability applies to any loss, damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission blackout, incorrect data transmission, delay in operation or transmission due to internet traffic or otherwise, computer virus or other harmful item, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, caused by your computer or for breach of contract, tortious behaviour, negligence, or under any other cause of action.

Without prejudice to the generality of the foregoing, neither O2U nor the owners of the Content, nor any of its or their directors, officers, agents, employees, advisers makes any representation or warranty that:

  1. the Content is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
  2. the Software is free of defect, error, omission, virus, malicious code, worms, Trojan horses or anything which may change, erase, add to or damage your software, data or equipment;
  3. messages sent through the internet will be free from interception, corruption or loss;
  4. access to the Content will be available or be uninterrupted and timely; or
  5. inaccuracies or defects in the Software will be corrected or fixed.

 

Limitation of Liability

To the fullest extent permitted by law, in no event will O2U, its officers, employees, shareholders, agents, affiliates, assigns, suppliers, or licensors be liable to you or any other person for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages, including loss of use, data, business, profit, opportunity, reputation or goodwill (whether direct or indirect), in all cases arising out of or in connection with the use or inability to use the Software, or the access to the Content or any part thereof, without regard to we have been advised of the possibility of such damages, and even if a remedy fails to meet its essential purpose. Some aspects of this paragraph may not apply to you in some jurisdictions if prohibited by applicable law.

You acknowledge that you will exercise and rely solely on your own skill and judgment in your use of the Software. You agree that you will be responsible to ensure that your use of the Software complies with all application legal requirements.

The limitation of liability contained in this Agreement will apply to the fullest extent permitted by applicable law.

 

Indemnity

You agree to defend, indemnify and hold us, our employees, agents, officers, directors,  contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including, but not limited to, legal fees), in connection with or arising from your breach of this Agreement and/or your use of the Software. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

 

Additional Remedies for Breach

You agrees that any breach of the terms of this Agreement could cause irreparable damage to O2U and in addition to all other remedies O2U shall be entitled to seek injunctive or other interim or equitable relief, including damages (or their equivalent in any jurisdiction), which may be appropriate in the event of any breach or anticipatory breach of the terms of this Agreement by you.

 

Termination and Prohibition of Access

O2U may at any time, without prejudice to its other rights and remedies, by notice in writing to you immediately terminate this Agreement.

O2U reserves the right at all times to prohibit your use of the Software or deny your access to the Content or any part thereof immediately and without notice.

 

Miscellaneous Terms

No third party beneficiary rights are created in this Agreement. A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Ordinance, Cap. 623 of the law of Hong Kong (or analogous legislation elsewhere), to enforce any of its terms.

None of the rights or obligations under this Agreement may be assigned or transferred.

The rights and remedies provided for in this Agreement are cumulative with and not exclusive of any rights and remedies otherwise provided by law or in equity.

Our failure to insist on or enforce strict performance of any of the terms in this Agreement will not be construed as a waiver of any provision or right.

The headings used in this Agreement are inserted for convenience only and shall be ignored in construing this Agreement.

If any part of the terms of this Agreement is held to be illegal, invalid or unenforceable under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.

This Agreement shall be governed by the law of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.