END USER LICENSE AGREEMENT
(EULA)
Khaya App
This End-User License Agreement is a legal agreement between you, either individually or collectively on behalf of a single entity, (hereinafter referred to as Licensee or you ) and Algorine Research (hereinafter referred to as Algorine , Company or Licensor ). Except if in any case demonstrated, the Khaya App is the property of Algorine. The product and administrations given by Algorine Research are consistently dependent upon these agreements. By utilizing the Khaya App you affirm your acknowledgment of, and consent to be limited by, these term and conditions. These agreements will comprise the arrangement among you and Algorine (hereinafter referred to as "the EULA").
This EULA covers all web and mobile application software, packages, APIs, source & object code, associated media, any printed materials, data, files and information, services plus any accompanying online or electronic documentation (hereinafter collectively referred to as the Khaya Application that have been provided to you from any of the Algorine website (www.algorine.com),the NLPGhana website (http://translate.ghananlp.org), the Apple App Store, the Google Play store or any other digital distribution service. This EULA takes precedence over any other EULA relating to Algorine products and services and/or terms embedded within the Application, unless otherwise specifically superseded in writing.
By using the Khaya App you confirm your acceptance of, and agree to be bound by, the terms and conditions of this EULA which shall constitute the agreement between you and Algorine. It takes effect on the date on which you install the Khaya App on any devices that you own or manage, see below.
1.
LICENSEE UNDERSTANDS THAT THIS EULA IS A BINDING,
CONTRACTUAL AGREEMENT BETWEEN LICENSEE AND ALGORINE. By (i.) clicking the
Accept button or checkbox on the registration page and signing up; (ii.)
executing a written copy of this EULA; or (iii.) installing, copying or
otherwise using the Application & Services, you have read, agree with and
accept to be bound by the terms and conditions of this EULA, including the
Privacy Policy.
2.
If you do not agree with any terms of this EULA, do
not use the Application or services within. If
you have already downloaded or installed any downloadable version of the
Application, then you must delete them immediately without further use.
3.
Algorine reserves the right to modify the terms of
this EULA from time to time and may, at any time, revoke your use of the
Application if you breach any of these terms and conditions. If Algorine makes changes to the terms and
conditions of this EULA, then you will be notified the next time you log in to use the Application. This
EULA is void where prohibited by law. Unless otherwise agreed or permitted by Algorine
in writing, you may not share the Application or transfer any application
packages or other materials you receive from Algorine. You acknowledge that
Algorine has no express or implied obligation to announce or make available any
future versions of the Application.
4.
Remember, if you do not agree to the terms of this
Agreement, do not click on the accept
or ok button and do not download or
use the Application.
5.
By accepting the EULA as described above, you:
acknowledge that you have read, understand, and agree to be bound by
this EULA;
represent that you are of legal age to form a binding contract; and
represent that you have the authority to enter into this EULA personally.
6.
If you do not agree to all the terms and conditions of
this EULA, or if you do not have such authority, you must not accept this EULA
or access, install, or use this software.
7.
YOUR USE OF THE APPLICATION AND YOUR CREATION AND
ACCESSING OF COMMERCIAL SERVICES ON
THE KHAYA PLATFORM REQUIRES THE OPENING OF, ESTABLISHING OR MANAGING OF A "USER
ACCOUNT".
8.
YOU MAY NOT USE THE APPLICATION FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS
AGREEMENT OR LOCAL LAWS APPLICABLE TO YOU. YOUR ACCESS TO THE APPLICATION MAY
BE TERMINATED IMMEDIATELY IN THE COMPANY‟S SOLE DISCRETION, WITH OR
WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT
AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
9.
Licensor also may make changes to these Terms as
provided therein. Such changes will apply to your use of the Application to
access Services and Content after the effective date of the changes. If you do
not agree with any such changes, your sole remedy is to discontinue use of the
Application to access the relevant Services and Content. If you continue to use
the Application to access Services and Content after the effective date of the
changes, you accept all changes.
10.
Title to the Application and all copies thereof remain
with Algorine and/or its suppliers. You agree to prevent any unauthorized
copying of the Application within your control (and to report such to Licensor,
if not in your control). Except as expressly provided herein, Algorine does not
grant any express or implied right to you under Algorine patents, copyrights,
trademarks or trade secret information.
11.
The "Application" consists of: (a.) Mobile
language translation application with
Automatic Speech Recognition capabilities for Twi, Yoruba and other African
languages relying on Machine Learning/Artificial Intelligence, for Android and
iOS provided in connection with an authorized link to this Agreement, including
all application, code, text, graphics, logos, layouts, designs, interfaces, and
other items included in or associated with the application; and (b.) any files
that are delivered to you by Algorine (via online transmission, through a third
party distributor, or otherwise) to patch, update, or otherwise modify the
Khaya Translation App.
12.
The license applies to versions of the applications
that are offered on any supported Operating System and integrated in any
compatible devices. Subject to your compliance with the Licensor Terms,
Licensor hereby grants, and you hereby accept, a limited, personal,
non-exclusive, non-transferable, license to:
(a)
install the Application on one device owned by you or
under your legitimate control; and
(b) engage in non-commercial but
personal use of the Application.
13.
All rights to use the Application are granted on the
condition that such rights are forfeited if you fail to comply with the terms
of this Agreement.
14.
Note: Your use of some third party
materials included in the Application may be subject to other terms and conditions
typically found in a separate license agreement located near such materials.
Except as expressly stated herein, this EULA does not grant Licensee any
intellectual property rights in the Application and all rights not expressly
granted are reserved by Licensor.
15.
Algorine or the Distribution Channel may change
pricing for the Application, Services and Content. We may not provide price
protection or refunds due to price reductions, promotional pricing, or any
other changes to pricing for any reason.
16.
You acknowledge and agree that Algorine may suspend or
discontinue offering the Application; modify the Application; change or
discontinue the Services available through the Application; change how we offer
and operate such Services (e.g., to begin charging a fee to access features or
Content that we previously made available without charge); remove Content;
impose limits on certain features or restrict your access to part or all of the
Application, Services and Content; or make other changes in Algorine' service
offerings at its sole discretion and with or without notice to you. We will not
be liable to you or any third party for taking any of these actions and we will
not be limited to the remedies above if you violate these Terms. You further acknowledge
and agree that even if a copy of the Application continues
to reside on your device, after we make changes in our services offerings, the
Application may not work as it did prior to such action, and Algorine will have
no liability to you or any third party as a result.
17.
Algorine may from time to time provide enhancements or
improvements to the features/functionality of the Application, which may
include patches, bug fixes, updates, upgrades and other modifications ("Updates").
18.
Updates may modify or delete certain features and/or
functionalities of the Application. You agree that Algorine has no obligation
to (i.) provide any Updates, or (ii.) continue to provide or enable any
particular features and/or functionalities of the Application to you.
19.
You further agree that all Updates will be (i.) deemed
to constitute an integral part of the Application, and (ii.) subject to the
terms and conditions of this Agreement.
20.
When you use the Khaya App, you may connect to
Algorine' or its vendors' servers. Your communication with Algorine' properties
is governed by the Algorine s Privacy Policy, available at Privacy
Policy. You
consent to our use of data that you provide or that we may collect about you
through the Application in compliance with the Privacy Policy.
21.
As part of the Application, you may receive push
notifications or other types of messages directly sent to you outside or inside
the Application (collectively, "Push Messages"). You may control the
Push Messages in your device's or the Application's settings. Some of the Push
Messages may be related to your location or to your use of the Application or
Content. Your carrier may charge standard messaging, data and other fees for
use of Push Messages, and these fees may appear on your mobile bill or be
deducted from your pre- paid balance. Your carrier may prohibit or restrict
certain Push Messages and certain Push Messages may be incompatible with your
carrier or mobile device. Contact your carrier with questions regarding these
issues. You may discontinue Push Messages in your device's or the Application's
settings, or by deleting the Application. We may collect information related to
your use of Push Messages.
22.
The Algorine may allow you to access and interoperate
with, third party properties, software applications, and data services (collectively,
"Third Party Properties") like PayPal, YouTube, Facebook, Payment
Merchant and other video social media. Algorine does not control any Third
Party Properties to which you may connect using the Application and is not
responsible for the practices of any third party. You acknowledge and agree
that Algorine is not liable for any loss or damage which may be incurred by you
as a result of any reliance placed by you on the completeness, accuracy, or
existence of any advertising, products, or other materials on or available from
Third Party Properties. You acknowledge that the Application may automatically
check for updates from Algorine servers from
time-to-time.
23.
Except as expressly provided for herein, you may not, and may not
enable others to:
i.
Create, design or develop anything other than the Content;
i.
Use the output of models to develop models that compete with the Khaya AI API ;
ii.
Reverse engineer, reverse compile, or otherwise
attempt to reconstruct, identify or discover any source code, underlying ideas,
techniques, or algorithms in the Khaya App or the Company s current or future
products and services (collectively, the Company
services ), except as and only to the extent any foregoing restriction is
prohibited by applicable law or permitted by applicable law notwithstanding the
foregoing restriction, or to the extent as may be permitted by licensing terms
governing use of any open source software components included within the Khaya
App ;
iii.
Distribute, sell, lease, rent, lend, offer on a
service bureau basis or sublicense any part of the Khaya App to any third party
except as expressly provided herein and as necessary to distribute the Content;
iv.
Remove, obscure, or alter any proprietary rights or
confidentiality notices within the Khaya App or any software, documentation or
other materials in it or supplied with it;
v.
Create any software that prevents or degrades the
interaction of applications developed by others with the Khaya App or the
Company Services; or
vi.
Use the Khaya App to create, develop or use any program or software which:
vii.
Contains any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information;
viii.
Limit the functionality of any software or hardware; or
ix.
When used in the manner in which it is intended,
violates any material law, statute, ordinance or regulation (including without
limitation the laws and regulations governing export control, unfair
competition, anti-discrimination or false advertising).
24.
You
may use the Khaya App solely in connection with the intended uses set forth
herein. We may review your conduct for compliance with these Terms and other
policies, and may suspend or delete your account on a reasonable suspicion that
a violation has occurred or may occur based on your use of these Services. In
the event that users come across other users that violate these terms, please
do not hesitate to inform the administrators via support.
25.
Khaya App is an intellectual property protected by
copyright and associated rights. Algorine represents and warrants that it is
lawfully in possession of the granted usage
rights, and that no third parties have such rights that would limit or
block the usage rights granted herein. Furthermore, if a third party claim to
have any such restrictive demands, Algorine shall, directly or through an
authorized agent, intervene in defense of the lawful rights of User.
26.
Algorine reserves all rights not expressly granted to
User in this Agreement. In particular, Algorine retains the ownership or
sublicense rights, as well as any other rights relating to intellectual
property involved in the Product.
27.
The product contains third-party software from several
sources. Algorine represents and warrants that it has obtained all necessary
rights and licenses to incorporate, use, package, and redistribute each
third-party software component. As stated above, the ownership and the right of authorship of the
intellectual property remains at the respective owners or authors of each
third-party component. The third-party software components are listed in the
Annex of this Agreement.
28.
You hereby authorize and consent to the collection,
storage and use, by Algorine and its affiliates, partners and agents, of any
information and data related to or derived from Your use of the Application,
and any information or data that You provide to Algorine 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.
29.
Notwithstanding the foregoing, You shall not provide
or disclose and the Information shall not include any information or data that
is personally identifiably to You. The Information will be treated as being
non-confidential and non-proprietary, and Algorine assumes no obligation to
protect confidential or proprietary information (other than personally
identifiable 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.
30.
Licensee understands that this Agreement does not
automatically grant any license to use any third-party modules (plugins). User
needs to consult the license terms of the third- party module with the author
or distributor of the module.
31.
This Agreement does not grant access to any
third-party online services that are accessible through plugins or other
third-party modules (such as machine translation plugins and services or
translation memory plugins and services). User needs to register and where applicable subscribe to any such
online service with the owner or operator of the service.
32.
When using third-party modules or services, User is in
direct agreement with the author, distributor, owner, or operator of the
modules or services. Algorine is expressly exempted from any liability for the
operation of any third-party modules or services. However, if Algorine is made
aware of damages caused by a third-party module or service, they will make
every effort to prevent further damages, or to prevent the future use of such
modules or services.
33.
While
availing any of the payment method/s offered, Algorine, will not be responsible
or assume any liability, whatsoever
in respect of any loss or damage arising directly or indirectly to you due to:
i.
Lack of authorization for any transaction/s, or
ii. Exceeding the preset limit
mutually agreed by you and between your "Bank/s", or
iii. Any payment issues arising
out of the transaction, or
iv. Decline of transaction for
any other reason/s.
34.
All payments made against the services on Algorine by
you shall be compulsorily in United States Dollars ($).
35.
Khaya
App is free for all users with an option to pay a subscription fee for premium
unlimited ad-free use of the Khaya App Platform. However, Algorine reserves the
right to charge a fee and change its policies from time to time. In particular,
Algorine may at its sole discretion introduce new services and modify some or
all of the existing services offered on Khaya App. In such an event Algorine
reserves, without notice to you, the right to introduce fees for the new
services offered or amend/introduce fees for existing services, as the case may
be. Changes to the Fee and related policies shall automatically become
effective immediately once implemented by Algorine.
36.
You agree to maintain the confidentiality of any
proprietary information received by you during, or prior to entering into, this
Agreement, including, without limitation, the Khaya
App Services, that you should know is confidential or proprietary based
on the circumstances surrounding the disclosure, including, without limitation,
non-public technical and business information ( Confidential Information ) for
a period of five (5) years after the termination of this Agreement. This
section shall not apply to any publicly available or independently developed
information. You agree not to use said Confidential Information for any purpose
except as necessary to fulfill your obligations and exercise your rights
under this Agreement. You shall protect
the secrecy of and avoid disclosure
and unauthorized use of the Company's Confidential Information to the same degree that you take to protect your own confidential information and in no event less than reasonable care.
37.
Notwithstanding any other provisions of this
Agreement, Company will be free to use for any purpose (including but not
limited to use in the development, manufacture, marketing and maintenance of
the Company Products and Services) the Residuals (as defined below) resulting
from access to or work with your Confidential Information; provided that
Company maintains the confidentiality of the Confidential Information as
provided herein. The term Residual shall mean information in non-tangible
form that is retained in the unaided memory by persons who have had rightful
access to the Confidential Information, including without limitation, the
ideas, concepts, know-how or techniques contained therein. Company will have no
obligation to limit or restrict the work assignments of any of its employees,
consultants, and contractors who are provided access to the Confidential
Information.
38.
Licensor s cumulative liability to you or any other
party for any loss or damages resulting from any claims, demands, or actions
arising out of or relating to this Agreement shall not exceed the license fee
paid to Licenser for the use of the Application.
39.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS OR AGENTS
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF
BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, DAMAGES FOR PERSONAL INJURY OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A
LICENSE TO THE APPLICATION, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
40.
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,
LICENSOR AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM
ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THIS
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.
41.
FURTHERMORE, LICENSOR 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 UNINTERRUPTED, 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 LIE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY
ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE
CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM LICENSOR OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY
OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT LICENSOR HAVE NO OBLIGATION
CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
42.
This License shall be effective until terminated.
Licensor 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. 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 Licensor. Upon the termination of this License, You shall cease
all use of the Application and uninstall the
Application.
43.
You shall indemnify, defend and hold harmless Licensor
and its affiliates, partners, suppliers and licensors, and each of their respective
officers, directors, agents and employees (the indemnified Parties) from and
against any claim, proceeding, loss, damage, fine, penalty, interest and
expense (including, without limitation, fees for attorneys and other
professional advisors) arising out of or in connection with the following: (i.)
Your access to or use of the Application or Third Party Content and Services;
(ii.) Your breach of this License; (iii.) Your violation of law; (iv.) Your
negligence or willful 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.
44. These obligations will
survive any termination of the License.
45.
Licensor does not warrant that the Application will be
compatible or interoperable with Your Device or any other piece of hardware,
software, equipment or device installed on or used in connection with your
Device. Furthermore, You acknowledge that compatibility and interoperability
problems can cause the performance of your Device to diminish or fail
completely, and may result in permanent the damage to Your Device, loss of the
data located on Your Device, and Corruption of the software and files located
on Your Device, You acknowledge and agree that Licensor 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.
46.
In conjunction with the App, Algorine may offer
support and maintenance services. Licensee must have at least one valid
Subscription License for the Product in order to enter into a Support Agreement.
47.
Support in this
agreement means that, during the term of the Agreement, Licensee can access an
online helpdesk service where helpdesk agents provide assistance in resolving
issues related to the Services. While, Maintenance
means that, during the term of the Agreement, Licensee is entitled to
install and use (upgrade to) the latest version of the Product.
48.
Licensee
also concurs that Algorine may not offer support for the Khaya App other than
the provision of updates, patches, bug fixes and new versions via the Google
Play Store or Apple App Store, to be determined in Algorine s exclusive will.
Apple does not have any obligation to provide maintenance and support for The
App. It is your obligation to ensure that you are using the latest version of
The App, and Algorine may refuse to allow access to the System or the provision
of the Vendor Services at any time for any App that is not the most current application available.
49.
Algorine may offer support and maintenance services in
a single purchase that includes both licenses for the Application and the
related Service Agreement. However, Algorine is
not required to offer such packages.
50.
Certain features or functionality ( Features ) of the Application may
collect or be dependent on data related to your geographic location ( Location Data ). If you wish to use
these Features, you agree to provide or to make your Location Data accessible
to us. To the extent that we do collect Location Data, we shall use it in
accordance with our Privacy Policy. If you do not provide or make such Location
Data accessible then the Features may be limited or not operate. The
Application may not be available in all geographic locations.
51.
You are completely and exclusively responsible for any
and all use of the Khaya App on iOS and Android devices. We reserve the right
to withdraw or disable your access to or through
the Khaya App at any time. You comprehend and agree that the Khaya App
uses a data connection over your
cellular carrier or the Internet to communicate with the System and provide
access on your device to the System, and by using the Khaya App you agree that data connections and
communications through your cellular carrier or the Internet are never
completely private or secure and that you understand that any message or
information you send to or receive from the System, including during provision
of the Vendor Services, may
be read or
intercepted by others,
even though Algorine uses industry standard practices for
protecting against such reading or interception by others and even if there is
a special notice that a particular transmission is encrypted.
52.
Any notice, request or other communication to either
party by the other under this Agreement shall be given by email, fax or
conventional mail and shall be confirmed by conventional mail.
53.
This
License shall be deemed to take place in Austin, Texas, U.S.A. and shall be
governed by and construed in accordance with the laws of U.S.A, excluding its
conflicts of law principles. Any disputes arising from this License shall be
adjudicated in the Courts of Austin, Texas, U.S.A. This License shall not be
governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded.
54.
If any provision of this License is held to be invalid
or unenforceable with respect to a party, the remainder of this License, or the
application of such provision to persons other than those to whom it is held
invalid or unenforceable shall not be affected and each remaining provision of
this License shall be valid and enforceable to the fullest extent permitted by law.
55.
Except as provided herein, the failure to exercise a
right or require performance of an obligation under this License shall not
affect a party s ability to exercise such right or require such performance at
any time thereafter nor shall the waiver of a breach constitute waiver of any
subsequent breach.
56.
None of the Application or underlying information or
technology may be downloaded or otherwise exported or reexported (I.) into (or
to a national or resident of) Cuba. Iraq, Libya, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or (II.) to anyone on
the U.S. Treasury Department s list of Specially Designated Nationals or the
U.S. Commerce Department s Table of Denial Orders. By downloading or using the
Application, you are agreeing to the foregoing and you are representing and
warranting that you are not located in, under the control at, or a national or
resident of any such country or on any such
list.
57.
Licensor may modify or amend the terms of this License
by posting a copy of the modified or amended License on the Licensor
Application EULA 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 in which the modified or amended License is posted on the
Licensor Application EULA website.
58.
The following sections of this License and any other
provisions of this License which by their
express language or by their context arc intended to survive the termination of
this License shall survive such termination: A, B, C, D, E, F, G, H, I, J, K,
L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, AB, AC, and AD.
59.
Except as permitted in Section E, You shall no assign
this License or any rights or obligations herein without the prior written
consent of Licensor and any attempted assignment in contravention of this
provision shall be null and void and of no force or effect.
60.
This License including the documents incorporated
herein by reference constitute the entire agreement with respect to the use of
the Application licensed hereunder and supersedes all prior or contemporaneous
understanding, regarding such subject matter.
61.
Khaya
is a registered trademark of licensor in Austin, Texas, U.S.A, as well as
Bolgatanga, Ghana and other countries. The failure of either party to enforce
any rights granted hereunder or to take action against the other party in the
event of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of future
breaches.
62.
The User acknowledges to reading and understanding
this EULA and agrees to be bound by its terms. The express terms of the EULA
are in lieu of all implied warranties of merchantability, conditions, terms,
undertakings and obligations implied by statute, common law, custom, trade
usage, course of dealing or otherwise, all of which are hereby excluded to the
fullest extent permitted by law.
Should you have any questions concerning this EULA, or if you desire to contact us for any reason, please direct all correspondence to:
P.O. Box 500, Bolgatanga, Ghana
':
You hereby acknowledge that you have read and understood this Agreement and agree that by clicking "Accept" or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.
Last Updated: May, 2024.