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Shazron Abdullah
2012-03-29 14:47:13 -07:00
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These licence terms are between You (ÒYouÓ) and WAC Application Services Limited (ÒWACÓ) regarding Your use of the WAC software development kit and any associated documentation, software code or other materials made available by WAC (collectively referred to in this agreement as the ÒSDKÓ).
BY INSTALLING, ACCESSING OR OTHERWISE USING THE SDK, YOU ACCEPT THE TERMS OF THIS LICENCE AGREEMENT
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE AGREEMENT, DO NOT INSTALL, ACCESS OR USE THE SDK OR THE APIS.
If You comply with these licence terms, you have the rights below.
1. Installation and Use. You may install and use any number of copies of the SDK on your devices to design, develop and test your programs. Each copy must be complete, including all copyright and trademark notices.
2. Subject to Your compliance with this licence, You may use the SDK solely for the purpose of integrating your virtual goods and applications with the WAC System (referred to as ÒAuthorized ApplicationsÓ). You may not charge users of the Authorized Application any fee. You may not rent, lease or lend any of Your rights in the SDK or access to the Services. You may reproduce the SDK, provided that You reproduce only complete copies, including without limitation all Òread meÓ files, copyright notices, and other legal notices and terms that WAC has included in the SDK.
3. SCOPE OF LICENCES. The SDK is licenced, not sold. This licence only gives You some rights to use the SDK. You may not sub licence the SDKÕs. WAC reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the SDK only as expressly permitted in this licence. In doing so, You must comply with any technical limitations in the SDK that only allow You to use it in certain ways. You may not:
a. work around any technical limitations in the SDK;
b. reverse engineer, decompile or disassemble the SDK, except and only to the extent that applicable law expressly permits, despite this limitation;
c. make more copies of the SDK than specified in this licence or allowed by, except and only to the extent applicable law expressly permits, despite this limitation; or
d. publish the SDK for others to copy.
4. USE OF THE SERVICES. Your use of the WAC System is governed by the then-current Virtual Goods publication terms and conditions which can be found on: [ insert url ] .
5. SUPPORT. WAC is not obligated to provide any technical or other support (ÒSupport ServicesÓ) for the SDK to You. However, if WAC chooses to provide any Support Services to You, Your use of such Support Services will be governed by then-current WAC policies. With respect to any technical or other information You provide to WAC in connection with the Support Services, You agree that WAC has an unrestricted right to use such information for its business purposes, including for product support and development. WAC will not use such information in a form that personally identifies You.
6. FEES. WAC may choose in the future to charge for use of the SDK, the APIs and/or the WAC System. If WAC in its sole discretion chooses to establish fees and payment terms for such use, WAC will provide notice of such terms as provided in Section 14 below, and You may elect to stop using the SDK, APIs and/or the System rather than incurring fees.
7. TERMINATION. WAC reserves the right to discontinue offering the SDK or APIs or to modify the SDK or APIs at any time in its sole discretion. If You are dissatisfied with any aspect of the SDK or APIs at any time, Your sole and exclusive remedy is to cease using them. Notwithstanding anything contained in the licence to the contrary, WAC may also, in its sole discretion, terminate or suspend access to the APIs to You or any end user at any time. You acknowledge that termination and/or monetary damages may not be a sufficient remedy if You breach this licence and that WAC will be entitled, without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach. This Section and other applicable sections will survive termination of this licence or any discontinuation of the offering of the SDK or APIs, along with any other provisions that would reasonably be deemed to survive such events.
8. RESERVATION OF RIGHTS. Except for the licences expressly granted under this licence, WAC and its suppliers retain all right, title and interest in and to the SDK or APIs, and all intellectual property rights therein. You are not authorized to alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided under this licence except as explicitly provided in this licence or approved in advance in writing by WAC.
9. MODIFICATIONS; NOTICES. If we change this contract, then we will give you notice before the change is in force. If you do not agree to these changes, then you must cancel and stop using the SDK and APIs before the changes are in force. If you do not stop using the SDK or APIs, then your use of the SDK or APIs will continue under the changed contract. WAC may give notices to You, at WAC's option, by posting on any portion of [ insert url] or by electronic mail to any e-mail address provided by You to WAC.
10. ENTIRE AGREEMENT. This licence and any applicable WAC policies are the entire agreement with respect to the SDK and the APIs.
11. APPLICABLE LAW. The laws of England apply to your use of the SDK and the interpretation of this licence and applies to claims for breach of it, regardless of conflict of laws principles.
12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of Your country. This agreement does not change Your rights under the laws of Your country if the laws of Your country do not permit it to do so.
13. DISCLAIMER OF WARRANTY. The SDK is licenced Òas-is.Ó You bear the risk of using it. WAC gives no express or implied warranties, guarantees or conditions. You may have additional consumer rights under Your local laws which this agreement cannot change. To the extent permitted under Your local laws, WAC excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from WAC and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
a. anything related to the SDK, services, content (including code) on third party Internet sites, or third party programs; and
b. claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.