This Agreement is a legal agreement between you (hereinafter referred to as "You" or "Your") and AppTech Interactive Services Private Limited Pvt Ltd (hereinafter referred to as "AppTech Interactive") regarding your downloading, installation and use of AppTech Interactive's mobile software and related services.
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT. AppTech Interactive has the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software or the official website. You understand and agree that if you continuously use the Software after the date on which these terms have changed, AppTech Interactive will treat your use as acceptance and compliance with the updated terms.
1. INTELLECTUAL PROPERTY POLICY
1.1 The Software is developed by AppTech Interactive independently. You acknowledge and agree that AppTech Interactive retains all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent and relevant international agreements and other intellectual property laws and regulations.
1.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of AppTech Interactive (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so AppTech Interactive reserves the right to charge the tort liabilities.
1.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. AppTech Interactive reserves the right to charge the tort liabilities, unless you have been granted by AppTech Interactive, in writing.
2. SCOPE OF LICENSE
2.1 AppTech Interactive gives you non-exclusive, non-assignable license to download, install and use the Software. In no way can the users use it for commercial use.
2.2 You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the product and services provided to any other users.
2.3 You have precisely read and agree to the agreement and statements published by AppTech Interactive. You promise not to copy, grant a sub-license, share or sell the Software or related service. You are fully responsible for any fees created by or rising from own factors. AppTech Interactive does not assume any liability.
2.4 Rights reserved. AppTech Interactive reserves all rights not expressly granted to you. You are required to obtain additional consent to user other software.
3. NOTICE TO END USERS
3.1 Launcher app will create a series of user interfaces (hereinafter referred to as "UI", including but not limited to 'home screens', 'app drawer', 'dock' etc.), which sit between Android system default home screens and installed applications. They provide capability to a user for better managing existing application and receiving additional functionalities, at the same time to customize the looking of mobile phone.
3.2 Launcher app will not modify Android system or other existing application settings unless your consent to do so. "UI" can be used to help you to discover new mobile applications or games. You can restore to Android default home screens settings by either exit or uninstall Launcher app .
3.3 You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under national laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to the Software and any third-parties ) of any such breach. You have not right to conduct following behaviours (including but not limited to):
3.3.1 Delete copyright information, content on the Software or other copies
3.3.2 Reverse engineer, decompile or extract the source code of the Software
3.3.3 Conduct any behaviours that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account ； enter public computer network or other's computer system to delete, modify, add stored information without permission; attempt to search, scan, test the Software system, Internet leak, or other behaviours breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package
3.3.4 Sell, rent, loan, deliver, transfer or sub-license the Software and services, or related links, or benefit from using the Software and the services, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain
3.3.5 Use the Software and other services provided by AppTech Interactive in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement
3.3.6 AppTech Interactive reserves the right to terminate, fully or partially suspend, limit functional features of user's account, without prior notice, if the user has breached under the terms of this Agreement.
3.4 AppTech Interactive does not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of the Software.
4. LIMITATIONS OF LIABILITIES AND DISCLAIMER
5.1 You acknowledge and agree that the Software and related services may have potential risks like service interruption, failure to respond to users' requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall AppTech Interactive be liable for any risks stated above.
5.2 AppTech Interactive is not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
5.3 In view of business development and adjustment, AppTech Interactive reserves the right to amend or terminate services without prior notice to users at any time, and AppTech Interactive is not liable for users and any other third-parties when executing this right.
5.4 The software which is not officially released or authorized by AppTech Interactive and the derivative works of the Software are illegal. User's downloading, installation, and user this software may lead to unexpected risk. AppTech Interactive is not liable for any legal liabilities, issues arising from it.
5.5 You agree to the most extent under applicable law, AppTech Interactive owns other disclaimer rights not listed in this agreement.
6.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
6.2 Unless AppTech Interactive unilaterally terminates this Agreement or you terminate this agreement as above, this agreement and the terms (including the updated agreement following) will remain effective.
6.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. AppTech Interactive and any other third-parties have on need to send your additional notice.
6.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
7.1 You agree that if AppTech Interactive does not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of AppTech Interactive's rights and AppTech Interactive has the right to continuously exercise or enforce the right or regulation.
7.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
7.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
7.4 The validity and interpretation of this Agreement is applicable to laws of the Republic of India. If any provision in this Agreement conflicts with Republic of India Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both AppTech Interactive and users agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit settlement of lawsuits to competent court in Gwalior where AppTech Interactive located.
7.5 AppTech Interactive reserves the final interpretation right on this Agreement.