pfingoMOBILE - LICENSE AGREEMENT

This license applies to pfingoMOBILE product.

You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by pfingo, your use of this software indicates your acceptance of this license agreement.

One copy of pfingoMOBILE product may either be used by a single person who uses the software personally on one or more computers and/or mobile devices, or installed on a single workstation used non-simultaneously by multiple people, but not both.

You may access pfingoMOBILE product through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. For instance, if 8 different workstations will access pfingoMOBILE product on the network, each workstation must have its own pfingoMOBILE product license, regardless of whether they use pfingoMOBILE product at different times or concurrently.

Unless otherwise expressly permitted by us in writing, this software is provided to you solely for personal and non-commercial use. You must not resell or transfer the software to third parties without our prior written consent, whether or not for profit or otherwise. If we determine, in our absolute discretion, that your use of the software is inconsistent with normal personal or non-commercial usage patterns, we reserve the right to suspend or terminate your use of this software.

Disclaimers

You acknowledge that when using this software, you may be exposed to third party content from a variety of sources, and that we are not responsible for the accuracy, usefulness, reliability, quality, safety, completeness or intellectual property rights of or relating to such content. You further acknowledge that you may be exposed to content which may be illegal, defamatory, inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us harmless regarding all matters related to your use of this software.

You are solely responsible for the use of this software and for any content disseminated through this software.

You are required to:

(i) provide accurate and complete information to us and inform us immediately of any changes in any particulars or information given to us in your application for this software including but not limited to any changes in address and/or contact particulars;

(ii) comply with all applicable laws, rules and regulations and any requirements or restrictions which we may may impose on the use of this software;

(iii) comply with all instructions, notices or directions issued by us; and

(iv) take all reasonable steps to prevent fraudulent, improper or illegal use of this software.

You must not use or allow this software to be used:

(i) to store, transmit or post any content which may be defamatory, offensive, indecent, objectionable or illegal, or which may cause annoyance, harassment, irritation, inconvenience or anxiety to anyone. This includes transmitting or posting "junk mail", "spam", "chain letters", "solicitations" (commercial or non-commercial) or distributing mail to any party who has not given permission to be included in the distribution;

(ii) to transmit or post any content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;

(iii) to transmit any content that contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs;

(iv) to make or attempt any unauthorised access to any part or component of our network or any third party systems or networks to which you can connect through this software directly or otherwise;

(v) to disrupt the various networks that are connected to this software or violate the regulations, policies or procedures of such networks;

(vi) to collect and/or disseminate information about others or their email addresses without their consent;

(vii) for any fraudulent, illegal or improper purposes or to violate anybody’s rights or in any way which may affect other users’ enjoyment of or access to any service or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;

(viii) in any manner or for any purpose which may constitute a violation or infringement of the rights of any party including but not limited to their intellectual property or confidentiality rights; and

(ix) to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not.

You agree that:

(i) all content stored, transmitted or made available via this software, are the sole responsibility of the person from which such content originated;

(ii) we will not be liable in any way for any third party content, products or services which you may access, store, use or acquire via this software;

(iii) you are solely responsible for all content that you store, transmit or make available via this software or on any website;

(iv) we do not control any third party content, products or services which you may access, store, use or acquire through this software and we do not endorse or guarantee the accuracy, reliability, integrity, legality or quality of such content, products or services;

(v) by using this software, you may be exposed to third party content that may be defamatory, offensive, indecent, objectionable or illegal;

(vi) we may, at our discretion, remove or modify any content (which you store, transmit or make available via this software or on any website) that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party’s intellectual property rights, without notice to you;

(vii) we may, at our absolute discretion, deny access to or remove any third party content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may infringe/have infringed any party’s intellectual property rights, without notice to you; and

(viii) without prejudice to paragraph (vii) above, we may, at our discretion, remove, modify, suspend or terminate any third party content, products or services which you may access, store, use or acquire via this software, without notice to you,

and we will not be liable to you or any third party under any of paragraphs (i) to (viii) above.

You will be solely responsible for making back-up and archival copies of all content stored via this event. In no event will we be responsible to you or any other parties for any loss, corruption, destruction or alteration of any content, including but not limited to any loss, corruption, destruction or alteration arising from any synchronisation of content vis-á-vis this software or any pfingo services.

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED OR SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY, SATISFACTORY QUALITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using this software. ANY LIABILITY OF THE SELLER OR USER WILL BE LIMITED EXCLUSIVELY TO THE SOFTWARE REPLACEMENT.

Governing Law

This license agreement shall be governed by the laws of Singapore.

Other Terms

The use of pfingo Services (including pfingoMOBILE product) is also subject to pfingo’s General Terms & Conditions at http://www.pfingo.com/pf/public/control/popupTos. If there is any conflict or inconsistency between any of pfingo’s General Terms & Conditions and any term of this license agreement, such conflict or inconsistency will be resolved in a manner most favourable to us and our affiliates. However, if such conflict or inconsistency cannot be so resolved, the terms of this license agreement will prevail.