SOFTWARE AND MOBILE APPLICATION LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE AND MOBILE APPLICATION LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, USING THE SOFTWARE AND MOBILE APPLICATION AND USING SOFTWARE'S ONLINE SERVICES.
BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING SOFTWARE AND MOBILE APPLICATION, INSTALLING THE SOFTWARE AND MOBILE APPLICATION, USING CANDORPAY'S ALL ONLINE SERVICES OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE OR MOBILE APPLICATION, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE CLOSE THE SOFTWARE OR MOBILE APPLICATION AND UNISTALL COMPLETELY OR LOGOUT FROM ONLINE SERVICES AND UNSUBCRIBE.
1.1 This License Agreement ("Agreement") is an agreement between YOU and CANDORPAY. Please read these terms and conditions carefully before downloading any software and Application or before using CANDORPAY'S online services and applicable documentation as they contain important information about your rights and obligations. It governs your use of the software and mobile Application ("the Software") supplied to you by CANDORPAY and related documentation. In particular, we draw your attention to clause 8 (limitation of liability).
By downloading, installing or otherwise using the Software and mobile Application or online services you agree to be legally bound by this License Agreement as it may be modified and posted on our website from time to time.
1.2 If you do not wish to be bound by this Agreement, then you may not download or use the Software and mobile Application and its online services.
2.1 Specific conditions of use which apply to the type of license you have acquired from CANDORPAY are:
2.1.2 Evaluation License for chargeable Software: You may use the Software within your organization to access whether it meets your needs for a period of up to 5 working days from its supply to you by CANDORPAY. At the end of this period, if you do not purchase another license from CANDORPAY you must destroy all copies of the Software supplied to you, including copies installed on any computer or mobile device, and all related documentation.
2.1.3 End-User License:
(a) With a single End-User License you may install and use one copy of the Software on a single computer or mobile device. You may not share the license between different computers or mobile devices, nor install it on a server based computer, nor use the Software and mobile application on more than one computer or mobile device at the same time. As a special exception, the primary user of the Software and mobile application may use online services for administrative and reporting purpose only for his or her exclusive use on either a home or portable personal computer.
(b) In addition to the above, if you have bought a license for a number of concurrent users or locations you may install the Software and mobile application on specific number of computers and mobile devices at one single physical (geographical) location notified to CANDORPAY provided it is used on no more computers and mobile devices than that number of licensed users at any one time.
3- RESTRICTIONS ON USE
3.1.1 You may make a reasonable number of copies of all purchased Software only, solely for backup and recovery purposes. Any such copies shall in all respects be subject to the terms and conditions of this Agreement.
3.1.2 You shall not make copies of the Software and mobile Application additional to those expressly permitted in this License Agreement.
3.1.3 You shall not copy any written documentation accompanying the Software and mobile Application.
3.1.4 You shall not remove or obscure any copyright and trademark notices or other proprietary notices relating to the Software and mobile Application. All notices must be duplicated as it appears on the Software and mobile Application on all authorized copies.
3.1.5 You shall not reverse engineer, decompile or disassemble the Software and mobile Application except to the extent expressly permitted by any applicable local laws which may over-rule this restriction.
3.1.6 You may not distribute any portions of the Software and mobile Application to any third party except under the terms of a Developer Distribution License if you have acquired such a license from CANDORPAY.
3.1.7 You may not rent or lease the Software and mobile Application but you may transfer the Software and mobile Application and accompanying documentation on a permanent basis provided that (i) you retain no copies and (ii) the recipient agrees to the terms of the License Agreement you are transferring and (iii) you notify CANDORPAY of the transfer in writing.
3.1.8 You shall not use the Software and mobile Application in any way other than in a manner specifically licensed under this Agreement.
3.1.9 You shall not, without CANDORPAY's authorization, display the Software and mobile Application on a public bulletin board, online, website, chat room or by any other unauthorized means.
4- INTELLECTUAL PROPERTY RIGHTS
The copyright, patents, trademarks and all other intellectual property rights in the Software and mobile Application and related documentation are owned by and remain the property of CANDORPAY or its suppliers and are protected by national laws and international treaty provisions. You do not obtain any rights in the Software and mobile Application other than those expressly granted in this Agreement.
This Agreement is effective until terminated. This Agreement will terminate automatically if you fail to comply with any provision of this Agreement. Upon notice of termination from CANDORPAY you shall destroy the documentation and all copies of the Software and mobile Application promptly.
6- UPDATE POLICY
CANDORPAY may create, from time to time, updated versions of the Software and mobile Application. CANDORPAY will make any such updated versions available to licensees who have paid the update fee. If you acquire an updated version of the Software and mobile Application then all copies of the previous version must be destroyed and not used, except for one copy which may be retained solely for archival purposes.
7.1 Subject to the limitations upon its liability set out in clause 8, CANDORPAY warrants that:
7.1.1 for a period of 15 days from you purchasing the Software, it will materially conform to the electronic documentation provided with it; This does not include all free of purchase software; and
7.2 In the event of notification within the warranty period stated in clause 7.1, CANDORPAY shall replace the defective Software and mobile Application. Your remedy for breach of the warranties set out in clause 7.1 shall be limited to replacement of the defective materials and shall not encompass any other damages.
7.3 Save as stated herein, CANDORPAY expressly disclaims all other conditions, warranties, terms and undertakings, expressed or implied, statutory or otherwise, relating to the Software and related documentation or technical support including but not limited to warranties of quality and performance.
8- LIMITATION OF LIABILITY
8.1 Nothing in this Agreement shall limit CANDORPAY liability for:
8.1.1 fraud or other criminal act;
8.1.2 personal injury or death caused by our negligence;
8.1.3 any other liability that cannot be excluded by law.
8.2 Subject to clause 8.1, CANDORPAY accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, anticipated savings or business, however caused and even if foreseeable or made known to CANDORPAY.
8.3 Except as provided in clause 8.1, CANDORPAY maximum liability to you for any cause whatsoever will be limited to the amount paid for the initial Software and mobile Application setup fee.
If a Court or other competent authority decides that any provision of this Agreement is void or otherwise ineffective in whole or in part than any other part and the other terms and conditions of this Agreement shall continue in full force and effect.
10- THIRD PARTY RIGHTS
The parties do not intend that any term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) by any person who is not a party to this Agreement.
11- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements, arrangements or undertakings between the parties relating to the subject matter of this Agreement and any representations or warranties previously given or made to it.
You may not assign neither this Agreement nor any of its rights or obligations hereunder nor sub-license the use (in whole or in part) of the Software and mobile Application without CANDORPAY's prior consent.
13.1 All notices shall be given:
13.1.1 to CANDORPAY via e-mail at ;
13.1.2 to you at either the e-mail or postal address you provide during any ordering process.
13.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 7 days after the date of posting.
14- GOVERNING LAW
This Agreement is governed by and interpreted in accordance with the United States of America law. Any disputes or claims relating to this Agreement shall be subject to the exclusive jurisdiction of the U.S. Courts.