Terms of Service (Keyboard)
Date of Last Revision: 4th November 2016
Use of Xploree Keyboard is subject to the following terms
This License Agreement (“Agreement”) is a legal agreement between (a) you (either an individual or an entity, as applicable) and (b) KeyPoint Technologies U.K. Limited (“KPT”) that governs your use of Xploree software including user manual and any other associated documentation as well as any and all derivatives thereof (“Software”).
BY DOWNLOADING, INSTALLING, COPYING AND/OR USING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. The Software is provided to you under this Agreement solely for your private, non-commercial use. Use of the Software within an organization or the use of multiple copies of the Software requires a commercial license for the Software.
If you do not agree with the terms and conditions of this Agreement, do not continue the installation/registration process and delete or destroy all copies of the Software in your possession.
If you use the Software in conjunction with products proprietary to third parties, you must also read, agree to and comply with the terms and conditions set out in the relevant third party license terms.
This Agreement applies to all users of the Software. Information provided by our advertisers/partners through the Software may contain links to third party websites that are not owned or controlled by KPT. KPT has no control over, and assumes no responsibility and is not liable for, the content, deals, promotions, offers, vouchers provided/made by such advertisers/partners and also for the privacy policies, or practices of any third party websites. In addition, the Software will not and cannot censor or edit the content of any third-party site. Use of vouchers from third party services (like Groupon) for alcoholic beverages, gambling, casino, lotteries is at the sole discretion of the Restaurant or a place where such activities take place and is further subject to all applicable laws. By using the Software, you expressly acknowledge and agree that KPT shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the terms herein.
License
Subject to the terms and conditions of this Agreement, KPT grants you a personal, worldwide, non-exclusive, non-transferable, non-sub licensable, limited license to download and use the Software. This license is only for the benefit of the users authorised under this license.
You may install and use a single copy of the Software on a single device under your control. The Software may not be transferred in any manner or to any other device, system or network following such installation.
You must acquire additional single user licenses for each additional device in relation to which you wish to install the Software. The Software may be used only for internal business purposes and not for providing training or any other service including but not limited to data processing or bureau services to anyone else. You understand that KPT may update the Software at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this Agreement.
You shall not:-
(a) use the Software or any part thereof on any equipment of a type, category or for an additional number of users other than that for which the license is granted;
(b) make copies of the Software except one copy of the Software (but not the user manual and associated documentation) for security and back-up purposes provided that you reproduce all copyright notices, trademarks, legends and logos on the back-up copy and maintain an accurate record of the location of the backup copy;
(c) loan, distribute, rent, assign, sub-license, transfer or otherwise provide (whether electronically or otherwise) the Software or any copy or part of it to anyone else (including, to avoid doubt, any parent or subsidiary company) or make the Software available for use by others in any time sharing, service bureau or similar arrangement or otherwise;
(d) alter, remove, obscure, conceal or otherwise interfere with any markings on or writing on the Software or the manual or associated documentation which refers to KPT and must not interfere with any other copyright notices;
(e) reverse engineer, disassemble, reverse translate, or in any way decode the Software or any copy or part of it in order to derive any source code, save only as is permitted by any applicable law. WARNING: The software source code and the valuable trade secrets contained in it are not licensed to you under this license agreement; and
(f) adapt, alter, modify, translate or create derivative works of the Software.
Proprietary Rights:
The design of the Software along with Software created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to KPT (or its affiliate companies), subject to copyright and other intellectual property rights under applicable laws and international conventions. The Software is provided to you on an AS IS basis for your information and personal use only. KPT reserves all rights not expressly granted in and to the Software. You agree to not to take any action to jeopardize, limit or interfere in any manner with KPT’s ownership of these rights with respect to the Software.
Term
This Agreement becomes effective when you first install/operate the Software. Any breach of the terms of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law or equity, you agree to immediately destroy all copies of the Software, completely purge the Software from any system/equipment, and certify to KPT and/or your supplier that they have been so destroyed.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF. KPT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE PERFORMANCE, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE OR OTHERWISE AND ALL SUCH REPRESENTATIONS OR WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED. KPTIL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SOFTWARE. KPT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOFTWARE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND KPT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
WITHOUT PREJUDICE TO CLAUSE 6 HEREINABOVE, IN NO EVENT WILL KPT OR ITS SUPPLIER BE LIABLE FOR (1) DIRECT, (2) INDIRECT, (3) SPECIAL, (4) INCIDENTAL OR (5) CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL OR BUSINESS) OR ANY OTHER LOSS RESULTING FROM ANY DEFECT IN AND/OR USE OF THE SOFTWARE EVEN IF KPT OR ITS SUPPLIER OR ANY SUCH ENTITY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTWITHSTANDING THE ABOVE, IF ANY LIABILITY SHOULD ARISE ON KPT’S PART OR THAT OF ITS SUPPLIER BY REASON OF THE LICENSING OR USE OF THE SOFTWARE OR OTHERWISE WHETHER DUE TO KPT, ITS SUPPLIER OR ANY OTHER SUCH ENTITY’S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES WHATSOEVER EXCEED THE PRICE PAID BY YOU FOR THE LICENSE TO USE THIS SOFTWARE OR AT THE OPTION OF KTIPL OR YOUR SUPPLIER AS THE CASE MAY BE THE COST OF REPAIR OR REPLACEMENT OF THE DEFECTIVE SOFTWARE.
Indemnity
You agree to defend, indemnify and hold harmless KPT, its affiliate companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Software; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Software.
General
The TERMS of this Agreement, together with the Privacy Policy at click here and any other legal notices published by KPT (or its affiliate companies), shall constitute the entire agreement between you and KPT concerning the Software. Nothing in this Agreement or otherwise shall obligate either party to enter into any further or future agreement with the other.
KPT reserves the right to amend or modify this Agreement at any time, and it is your responsibility to review this Agreement for any changes. If you do not agree to the revised TERMS of this Agreement, your only recourse is to discontinue the use of the Software. Your continued use of the Software following any amendment of this Agreement will signify your assent to and acceptance of its revised TERMS.
Failure by either you or KPT to exercise or enforce any available rights shall not amount to a waiver of such rights or the future exercise of such rights or any future rights.
If any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or otherwise, the remainder of this Agreement shall remain valid and enforceable according to its TERMS.
This Agreement shall inure to the benefit of and be binding upon KPT and you and KPT’s successors and permitted assigns; provided, however, that, except as otherwise expressly contained in this Agreement, you shall not make any assignments of this Agreement or any interest herein, without the prior written consent of KPT.
To avoid doubt, if your supplier under this Agreement is not KPT, then KPT shall be a third party beneficiary of this Agreement and the provisions herein shall be enforceable against KPT in addition to the supplier.
Contact Information
Should you have any questions, complaints, or feedback related to Xploree, please contact us at pr****@xp*****.com.
