END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APPLICATION’S UNDER THE G-CODEX APP DEVELOPMENT (“APPLICATION”) ACCOMPANYING THIS LICENSE AND/OR PARTICIPATING IN THE ACTIVITY OF USING SUCH APPLICATIONS (“ACTIVITY”). BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APPLICATIONS, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD OR USE THE APPLICATION.
The Application is licensed, not sold, to You by G-Codex App Development (the “Developer”) for use strictly in accordance with the terms and conditions of this License to enable You to participate in the Activity, and any “usage rules” established by any other third party service provider (“Usage Rules”), which are incorporated herein by this reference. The term “Application” shall refer to and consist of the following: (i) the mobile software application accompanying this License, including, without limitation, any software code, algorithms, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any specific website the Application directs you to via any browser located on a mobile device including a smart phone (“Mobile Device”).
LICENSE GRANT AND RESTRICTIONS ON USE.
2.1 License Grant. The Developer grants to You a revocable, non-exclusive, non-transferable, limited right to install and use the Application and participate in the Activity on a single Mobile Device owned and controlled by You, and to access and use the Application on such Mobile Device strictly in accordance with the terms and conditions of this License, the Usage Rules and any service agreement associated with your Mobile Device (collectively “Related Agreements”).
2.2 Licence to use: Non-commercial Educational use only for individuals. You represent that you are 10 years of age or older to participate in the Activity and are also otherwise competent to enter into transactions with other users in the Application and the Developer. With full knowledge of the facts and circumstances surrounding this Activity, you are voluntarily participating in the Activity and assume all responsibility for all risk resulting from your participation and the Developer is not liable or responsible for your participation.
2.3 Physical and Mental Condition. You represent that you have the experience and the requisite skills required to participate in the Activity and that you are not aware of any physical or mental condition that would impair your capability to fully participate in the Activity. You further acknowledge that you are solely responsible for any consequence resulting from your participating in this Activity or being associated with this Activity or around this Activity. You understand that G-Codex App Development assumes no liability or responsibility for any physical damage, mental damage or financial loss that you may sustain as a result of participation in the Activity.
2.4 User Interactions. You are solely responsible for your interactions with other users of the Application and any other parties with whom you interact through the Application. The Developer reserves the right, but has no obligation, to become involved in any manner with these disputes. You will fully cooperate with the Developer to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting the Developer access to any password-protected portions of your account.
If you have a dispute with one or more users, “You” release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way in connection with such disputes.
2.5 Prizes. You understand and accept that “Your” participation in the Application does not create any obligation on the Developer to give you a prize. Your winning a prize is entirely dependent on your skill as a player vis-a-vis other players in the Application and subject to the rules of the Application.
2.6 User Postings. You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available by you. All content posted by you must be legally owned by or licensed to you. By publishing any content, you agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that the Developer has the right to use in any manner whatsoever, all communication or feedback provided by you. You agree that you will not post any information or material You undertake, represent and warrant to that any post is original, does not infringe the rights of any third party, is not defamatory, or abusive; or malicious; or hurtful to any person, particular entity, groups, caste, religion, race or community; or seditious; or pornographic; or vulgar; or in violation of any law and the Developer has the sole discretion to delete or remove any post which it deems necessary.
2.7 Chats. You understand and accept that the Developer reserves the right to record any and all user content produced by way of, but not limited to, chat messages through the Application’s chat feature or other interactive features, if any, offered as part of the Application.
2.8 Services. You shall not hold the Developer responsible for not being able to use the Application or participate in the Activity for which you may be eligible to participate. This includes, but is not limited to situations where you are unable to log into your user account as your user account may be pending validation or you may be in suspected or established violation of any of the terms and conditions set out herein. You may face service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the services (including any disruption caused by a mobile service provider) or due to issues with the hardware and software used by you. You understand that the Developer has no control over these factors. The Developer shall not be responsible for any interruption in services and you take full responsibility for any risk of loss due to service interruptions for any such reason.
2.9 Content. You understand and accept that by viewing or using the Application or participating in the Activity, or using communication features on the Application, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to the Developer’s notice that you may find offensive, objectionable or indecent, or leading to loss of business and the Developer reserves the right to act upon it as we may deem fit. The decision taken by the Developer on this regard shall be final and binding on “You and the Developer shall not be liable for any such content that may be posted by a third party in any manner whatsoever.
2.10 Sign Up. You need to download and register with the Application with your Google Play Account or Facebook Account or Manually. Completion of registration amounts to implied acceptance of the terms and conditions set out herein. Your location services needs to be enabled on your Mobile Device. Your location data will be visible to the Developer and the Developer shall not disclose your location data to any other user. You agree that you will not use any third party application for misrepresenting your location. You will not use any other applications, tools or software to speed up your progress in the Application or Activity or gain an unfair advantage over any other users of the Application.
2.11 Promotions. The details of various promotions organized on the Application will be communicated to you through the Application from time to time. There may be eligibility and other applicable conditions for every promotional program that is run by the Developer. Please check the terms and conditions before availing the offer.
2.13 Restrictions on Use – General. You shall use the Application and participate in the Activity strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Developer or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time or upload on the Application on Google Play Store or any other platform for any purpose; (g) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Developer; (h) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (i) use any proprietary information or interfaces of the Developer or other intellectual property of Developer in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (j) share Your log in or security details with any other person or entity; (k) sell or trade the information within with the Application to any third party.
2.14 Restrictions on use – Specific. Without prejudice the provisions of Clause 2.2 above, You acknowledge and agree that the Application will contain proprietary and confidential information in relation to the products assembled, integrated and dealt with by the Developer and that such information shall not be disclosed to any other person without the consent of the Developer. You specifically agree and undertake that You will utilize the Application solely for the purposes of participating in the Activity. .
2.15 Objectionable Content. You shall not upload display any content to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) content which is prohibited by applicable law from being published or displayed.
VIRTUAL MONEY AND VIRTUAL GOODS
3.1 The Application offers Virtual Money and items or services which can be used with the Application (Virtual Goods). You are eligible to buy the Virtual Goods or Virtual Money only if you are over 18 years of age. Virtual Money or Virtual Goods purchased by you cannot be exchanged for real money or real goods or services from the Developer and no claim can be made in this respect by You. Virtual Money and/or Virtual Goods can be obtained from the Application or from the Developer and You should not attempt to obtain any of these from a third party. Virtual Money and Virtual Goods are non-transferrable and You shall not transfer or attempt to transfer any Virtual Money or Virtual Goods to anyone else.
3.2 You agree and acknowledge that the Virtual Money or Virtual Goods are not owned by You and that the Developer is only granting a limited, non-transferable, revocable, non-exclusive licence with respect to the Virtual Money and/or Virtual Goods and the remainder of any Virtual Money and/or Virtual Good does not carry any value whatsoever.
3.3 You acknowledge that any payment for licenses for Virtual Goods or Virtual Money shall be final and non-refundable.
3.4 The Developer reserves the right to regulate, modify or cancel Virtual Money and Virtual Goods at any time, with or without notice. Developer shall have no liability to You or any third party in the event of exercising any such rights.
3.5 The Developer shall have the sole discretion to revise the prices payable by You for the Virtual Money and/or the Virtual Goods. The Developer shall also be solely entitled to regulate the total amount of Virtual Money and/or Virtual Goods that can be available at any given point of time in the Application or to any user.
3.6 If for any reason whatsoever, if Your account is suspended or terminated by the Developer, you will lose any Virtual Money and Virtual Goods and the Developer will not have any liability in this respect.
INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIAL INFORMATION
4.1 Rights to Application. You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith or with the Applications or any other products of the Developer which are shown on the Application are, and shall remain, the property of Developer and to their Respective Author/Owner. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Developer and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or by any other legal or equitable source, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Developer.
4.2 Third Party Software. The Application may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be “open source” or “publically available” software.
4.3 Developer’s Marks. You are not authorized to use the Developer trademarks, designs, logos, water marks, user interface or any other marks or designs, in any advertising, publicity or in any other commercial manner without the prior written consent of Developer, which may be withheld for any or no reason.
4.4 Infringement Acknowledgement. You and Developer acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, You (and not Developer) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Developer in writing of such a claim.
4.5 Confidential Information. “Confidential Information” as used in this Agreement shall mean any and all information including patent, copyright, trade secret, proprietary information, computer files, algorithms, software related to the Application and the past, current, future, and proposed services and products of the Developer and includes, without limitation, the Developer’s information concerning its customers and products. You agree to protect the confidentiality of all Confidential Information and You shall neither use nor disclose the Confidential Information. You may use the Confidential Information solely to perform the services under this Agreement for the benefit of the Developer.
RESTRICTION ON TRANSFER
You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
USE OF INFORMATION
6.1 Consent to Use Information. You hereby authorize and consent to the collection, storage and use, by Developer and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application’s, and any information or data that You provide to Developer and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. The Information will be treated as being non-confidential and non-proprietary, and Developer assumes no obligation to protect confidential or proprietary information from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
THIRD PARTY CONTENT AND SERVICES.
7.1 General. You acknowledge that the Application permits access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).
7.2 Disclaimer. You acknowledge that Developer does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Developer and its affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Developer hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
7.3 Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Developer and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
7.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Developer or its affiliates of such Third Party Content and Services. Developer reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Developer has no obligation to restrict or deny access even if requested by You.
7.5 Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Developer and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
7.6 Use of Third Party Content and Services. You agree that the Third Party Content and Services contain proprietary information and material that is owned by Developer and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Developer is not in any way responsible for any such use by You.
TERM AND TERMINATION
8.1 Term. This License shall be effective until terminated.
8.2 Termination. Developer may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice and disable the Application. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Developer. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application. You acknowledge that no refund shall be granted in connection with the termination of the license.
Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. DEVELOPER AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEVELOPER OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT DEVELOPER HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY CONSEQUENCES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APPLICATION OR PARTICIPATION IN THE ACTIVITY AND THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER IN THIS RESPECT. YOU AGREE TO ASSUME ALL RISKS RELATING TO YOUR INTERACTIONS WITH OTHER USERS AS A RESULT OF YOUR USE OF THE APPLICATION.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF ONE THOUSAND RUPEES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGE CAUSED TO ANY PERSON OR ANY PROPERTY AS A RESULT OF USE OF THE SERVICES PROVIDED BY DEVELOPER.
You shall indemnify and hold harmless the Developer and its affiliates, directors, officers, employees, representatives, advisers, or agents (Indemnified Party) against all losses, liabilities, costs, expenses, charges, losses, claims, damages, liabilities, demands, actions, suits, proceedings or investigations, paid, suffered or incurred by or made or instituted against the Indemnified Party as a result of or in connection with: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License or violation of any representations and warranties given by You under this Agreement; (iii) Your violation of law; (iv) Your negligence or wilful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License. You agree to indemnify and hold the Developer, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity.
Developer does not warrant that the Application will be compatible or operable with Your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, You acknowledge that compatibility and operability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent the damage to Your Mobile Device, loss of the data located on Your Mobile Device, and corruption of the software and files located on Your Mobile Device. You acknowledge and agree that Developer and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
Product Claims. You acknowledge that You (not Developer) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify Developer of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release Developer from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
14.1 Governing Law. This License shall be governed by and construed in accordance with the laws of Philippines. Any disputes arising from this License shall be subject to the exclusive jurisdiction of the courts at General Santos City, Philippines.
14.2 Severability. If any of the terms of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining terms shall not be affected or impaired.
14.3 Waiver. No delay on the part of any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of the parties of any right, power or privilege hereunder, nor shall any single or partial exercise of any right, power or privilege hereunder precludes that Party from exercising any other right, power or privilege under this Agreement. The rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies which the Parties hereto may otherwise have at law or in equity.
14.4 Modification or Amendment. Developer may modify or amend the terms of this License by posting a copy of the modified or amended License on the Developer’s Website. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date on which the modified or amended License is posted on the Developer’s Website. Any such update made to the terms of this License shall be notified on the Application.
14.5 Survival. The following sections of this License and any other provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination: 1, 2.2, 3, 4, 5, 7, 8, 9, 10, 12 and 13.
14.6 Assignment. You shall not assign this License or any rights or obligations herein without the prior written consent of the Developer and any attempted assignment or transfer in contravention of this provision shall be null and void and of no force or effect.
14.7 No partnership or agency. This Agreement shall not be construed as creating any agency, partnership, joint venture or other form of joint enterprise between Yourself and the Developer.
14.8 Entire Agreement. This License including the documents incorporated herein by reference constitutes the entire agreement with respect to the use of the Application licensed hereunder. This Agreement supersedes all writings or understanding between the Parties that are contrary to, or inconsistent with, the terms of this Agreement.