Motvik - End User License Agreement

wwigo BETA SOFTWARE END USER LICENSE AGREEMENT (THE "AGREEMENT")

IMPORTANT:

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING ANY PRODUCTS OR SERVICES OF MOTVIK TECHNOLOGIES PVT LTD (referred as Motvik in the rest of the document.)

This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you ("User") and Motvik Technologies Pvt Ltd ("Motvik")

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

THIS LICENSE GOVERNS BOTH THE SOFTWARE THAT IS ON YOUR PERSONAL COMPUTER AND THE SOFTWARE THAT IS ON YOUR MOBILE WIRELESS DEVICE. ONLY BY ACCEPTING THE LICENSE WILL WE PROVIDE ANY SOFTWARE OR SERVICE TO YOU.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS THEN PLEASE DO NOT USE THIS PRODUCT AND ALSO IMMEDIATELY UNINSTALL THE APPLICATION FROM YOUR PC/LAPTOP AND MOBILE PHONE

WWIGO, a product of Motvik is being made available to you subject to the following license agreement. Motvik may offer other products and services which maybe governed by different agreement.

Description

Motvik offers users a product called 'wwigo' (a combination of a mobile and PC/Laptop software) that enables a user to transform his/her camera phone into a webcam.

License

Motvik ("we", "our" or "us") grants to you a limited, non-transferable, revocable, non-exclusive, non-sublicensable license to use an object code beta version of our proprietary software product known as wwigo (the "Product") on your personal computer and mobile wireless device, subject to the terms and conditions of this Agreement (the "License").

Your use of the Program is also subject to the Terms of Service set out at www.motvik.com/terms.php for the service for which the Program is designed to operate. By accepting the terms and conditions of this Agreement, you also agree to be bound by the Terms of Service.

All of the copyright, intellectual property rights and all other rights in the Product are our property and shall remain with us. You must reproduce all copyright, trademark and other proprietary notices that are marked on the Program on all copies of the Program, and not delete, alter or amend any of them.

Terms

The term of this Agreement starts when you install the Product on your personal computer and continues until the time we decide to terminate it. We will advise you that it has been terminated. This does not limit any of our other rights to terminate under this Agreement. We will stop providing any service to you related to the Product at that time.

The License will terminate immediately without cost, charge or liability to us on whichever event below happens first:

if you fail to comply with any of the terms or conditions of this Agreement,
if you fail to comply with any term or condition of any other agreement between you and use, including, without limitation, the Terms of Service,
if you cease to use the Product, or on the Expiration Date.

Following the expiry or termination of the License for any reason, you must delete the Product from your computer and your mobile wireless device and destroy all copies of the product and documentation, if any, and stop your use of the Product.

Use

You may use the software on a single computer and a single mobile wireless device only for your evaluation of the Product

In order to receive the benefits provided by the Product, you hereby grant permission to access your personal computer and wireless mobile device for the purpose of facilitating communication between your wireless mobile device and your computer.

You agree that you shall be solely responsible for the content created using the software and the consequences arising out of them and Motvik will not be held liable in whatsoever way. You may not grant sublicenses to the Software nor assign any rights or obligations under this Agreement to a third party or otherwise dispose of or deal with those rights or obligations.

You must not attempt to reverse compile, modify, translate or disassemble the Product in whole or in part. You must not run the this under a debugger or similar tool allowing you to inspect the inner workings of it.

Other third party software or technology that may be distributed together with the Product will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you must take action against the applicable third party and not to us to enforce any of your rights against them.

We may, but are not obligated, to add and make available additional features or functions, programming fixes, updates, upgrades or versions to the Product ("Updates"). You may have to enter into a new version of this Agreement if you want such Updates.

Modification of Terms

Motvik in its sole discretion may modify these Terms of Service at any time. These modifications may include, without limitation, payment for the Product and/or services. Such changes shall be effective immediately. You are responsible for regularly reviewing the TOS on the website http://www.motvik.com/terms.php .

Feedback

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to us related to the Product, the Documentation and our company or its business ("Feedback") shall become our property without any compensation or other consideration payable to you by us, and you do so of your own free will and volition. We may or may not, in our sole discretion, use or incorporate the Feedback in whatever form or derivative we may decide into the Product (or future versions or derivatives), Documentation, our business or other products. You hereby assign all rights to us in any Feedback and, as applicable, waive any moral rights.

We own any test results, data information and other output generated by your use of the Program during the term of this Agreement.

Copyright

The software specified in this licensing agreement is and will be the sole property of Motvik. It is subject to copyright and as such is protected to the fullest extent allowable by law.

Support

Motvik is not obligated to provide support or maintenance for the use of the software.

Personal Privacy

Personal information you provide to Motvik through the Motvik website motvik.com is governed by Motvik Privacy Policy http://www.motvik.com/privacy.php and applicable laws related to personal information.

Limited Liability

The Software is provided "as is". In no event shall Motvik or any of its affiliates be liable for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of this Software. While the Software has been developed with great care, it is not possible to warrant that the Software is error free. The Software is not designed or intended to be used in any activity that may cause personal injury, death or any other severe damage or loss.

Severability

In the event that any provision of this Agreement is declared or found to be illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall remain in full force and effect.

Governing Law, Arbitration Clause.

This License Agreement is governed by the laws of the Republic of India. You consent to the exclusive jurisdiction and venue of courts in Bangalore, India in all disputes arising out of or relating to the use of this Product.