END-USER LICENSE AGREEMENT
This End-User License Agreement (“EULA”) is a legal agreement between You (“Licensee”, “You”) as the user (either an individual or an entity) of https://freewallet.org/ and its related mobile and other applications and Wallet Services Limited, legal entity acting and incorporated under the laws of Malta (hereinafter referred to as “Licensor”) who operates https://freewallet.org/ and its related mobile and other applications (“Wallet”).
1. BY INSTALLING, COPYING AND OTHERWISE USING THE SOFTWARE AND THE IP YOU ACCEPT THE TERMS OF THIS EULA REGARDING THE SOFTWARE AND THE IP. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SOFTWARE AND THE IP.
2. The definition “Software” refers hereinafter to all HTML files, XML files, Java files, graphics files, animation files, video files, data files, technology, development tools, scripts and programs, both in object code and source code etc. The Software is owned by Licensor and/or its affiliates and is incorporated into the Wallet in order to ensure functionality of the Wallet.
3. The definition "IP" refers hereinafter to any other intellectual property items of Licensor and/or its affiliates incorporated into or associated with the Wallet such as patents, designs know-how, associated media, online or electronic documentation.
4. Subject to the terms of this Agreement, we hereby grant you a limited, non-sublicensable, worldwide, non-assignable, non-exclusive and royalty-free license with following rights: you may download, install, use, access, display and run one copy of the Software only as an end user of the Wallet and You shall use the IP only as an end user of the Wallet and only for the purposes of exploiting the Wallet and its functions.
5. The Software and the IP are protected by copyright, patent, registration and other intellectual property regulations. You acknowledge and agree that any and all intellectual property rights in the Wallet are and shall remain the exclusive property of Licensor. Nothing in this Agreement intends to or shall transfer any intellectual property rights to you. You agree, that Licensor and its affiliates may collect and use (including through any applications) technical information for the purposes of the Wallet support services.
6. You agree not to sell, transfer, assign, rent, lease, distribute, export, import, act as an intermediary or provider, provide licenses or otherwise grant rights to third parties with regard to the Software, IP or Wallet or any part thereof.
7. You may not reverse engineer, decompile, disassemble, otherwise attempt to discover the source code or algorithms of the Software, adapt, modify or alter otherwise the IP or the Software and any part thereof, disable any features of the Software, create derivative works based on the Software or the IP, make back-up copies, register the Software, the IP or any part thereof or use the Software, the IP or any part thereof for commercial purposes, including without limitation deriving profit. Failure to comply with restrictions specified in this EULA may lead to civil, administrative or criminal liability under applicable law.
8. Licensor may provide to You or make available to You Updates after the date You obtain Your initial copy of the Software in order to improve such Software or ultimately enhance Your user experience with the Wallet. This EULA applies to all and any component of the Update that Licensor may provide to You or make available to You after You obtain Your initial copy of the Software, unless we provide other terms along with such Update. The definition "Update" refers to all updates, upgrades, supplements and add-on components (if any) of the Software and IP, including bug fixes, service upgrades (partly or entire), products or devices, and updates, and enhancements to any Software previously installed (including entirely new versions). To use the Software provided through Update, You must first be licensed for the Software identified by Licensor as eligible for the Update. The updated Software version may add new functions and, in some limited cases, may delete existing functions.
9. This EULA is effective for the period the Wallet, the IP and the Software are being used by You.
10. UNLESS SEPARATELY STATED ALL SOFTWARE AND/OR IP PROVIDED BY LICENSOR WITH THE WALLET (WHETHER INCLUDED WITH THE WALLET, DOWNLOADED, OR OTHERWISE OBTAINED) IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM LICENSOR, EITHER EXPRESS OR IMPLIED. TO THE FULLEST POSSIBLE EXTENT PURSUANT TO APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANSHIP LIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATIONS OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY LICENSOR OF WARRANTY REGARDING THE SOFTWARE AND/OR IP OR EULA, OR TO CREATE ANY WARRANTY OF ANY SORT FROM LICENSOR.
11. LICENSOR DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD-PARTY APPLICATION PROVIDER. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD-PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD-PARTY APPLICATION PROVIDER.
12. LICENSOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE AND/OR IP OR COMBINE THE SOFTWARE WITH ANY THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, LICENSOR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE AND/OR IP ON THIS WALLET, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT OF 100 USD. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. The wallet may update this EULA at any time. We will notify you on any changes prior to the date when they become effective by email (sent to the e-mail address specified in your account) or in the announcement in the wallet or on the website.
14. The Licensee acknowledges and agrees that the breach by it of any obligations hereunder may cause serious and irreparable harm to Licensor, which probably could not adequately be compensated for in damages. Licensee therefore consents to an order of specific performance or an order of injunctive relief being issued against Licensee restraining it from any further breach of such provisions and agrees that Licensor may issue such injunction against it without the necessity of an undertaking as to damages. The provisions of this section shall not derogate from any other remedy, which Licensor may have in the event of such a breach.
15. This EULA represents the entire agreement between You and Licensor relating to the Software and the IP and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software and the IP or any other subject matter covered by this EULA.
16. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
17. This EULA and any dispute between the parties arising thereof will be governed the laws of Malta, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
18. You and Freewallet agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Freewallet shall be sent to firstname.lastname@example.org
19. You and Freewallet agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
20. Whether the dispute is heard in arbitration or in court, you will not commence against Freewallet a class action, class arbitration or representative action or proceeding.
21. Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Malta Arbitration Centre (MAC) under the MAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
22. The law of this arbitration clause shall be Malta law.
23. The seat of arbitration shall be in Malta.