Terms

LIFE-BEE ANDROID END USER LICENSE AGREEMENT

  • THIS IS AN AGREEMENT MADE BY AND BETWEEN YOU AND LIFE-BEE HEALTH INFORMATICS PRIVATE LIMITED CONCERNING YOUR USE OF THE LIFE-BEE APPLICATION (THE “SOFTWARE”). PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, THE TERMS OF SERVICE AT WWW.LIFE-BEE.COM/TOS AND THE PRIVACY POLICY AT HTTP://WWW.LIFE-BEE.COM/PRIVACY/ (EACH INCORPORATED HEREIN BY REFERENCE), AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SOFTWARE, AND YOU MUST UNINSTALL THE SOFTWARE FROM ANY DEVICE OWNED OR CONTROLLED BY YOU.

    1. License. Subject to your compliance in all material respects with the terms and conditions of this Agreement, Life-Bee Health Informatics Pvt Ltd grants you a restricted, non-exclusive, non-transferable, revocable license to install and use the Software, in machine executable object code form only, on a single Android personal mobile device that you own and control, solely for personal, non-commercial purposes.

    2. Restrictions. You may not use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display or otherwise grant rights to the Software, or any copy thereof, in whole or in part, except as expressly permitted under this Agreement. You may not reverse engineer, disassemble, decompile or translate the Software, or otherwise attempt to derive the source code, structural framework or the data records of the Software, or authorize any third party to do any of the foregoing. You may not loan, resell or distribute the Software, or any part thereof, in any way.

    3. Eligibility to Use. You must be eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to use the Software. By using the Software, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with this Agreement. Anyone under the age of eighteen (18) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the Software in violation of this Agreement will be banned from using the Software and any Life-Bee Health Informatics Pvt Ltd and may be the subject of additional action from Life-Bee Health Informatics Pvt Ltd.

    4. Ownership. Life-Bee Health Informatics Pvt Ltd or its licensors and suppliers own all rights, title and interest in the Software (including, but not limited, to all copyrights, patents, patent applications, trade secrets, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other materials incorporated within the Software), and the Software is protected by Indian and international copyright and other intellectual property laws and treaties. The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement. Life-Bee Health Informatics Pvt Ltd reserves all rights not expressly granted to you.

    5. Suggestions. If you elect to provide or make available to Life-Bee Health Informatics Pvt Ltd any suggestions, comments, ideas, improvements or other feedback concerning the Software (collectively, “Suggestions”), Life-Bee Health Informatics Pvt Ltd shall be free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.

    6. Personal Information. By using the Software, you agree that Life-Bee Health Informatics Pvt Ltd may collect, use and disclose certain information about you pursuant to Life-Bee Health Informatics Pvt Ltd Privacy Policy at http://www.life-bee.com/privacy/

    7. NO WARRANTY. THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS.” PERRY STREET SOFTWARE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE SOFTWARE AND ITS CONTENTS OR THAT YOUR USE OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK.

    8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER PERRY STREET SOFTWARENOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES ATTRIBUTABLE TO OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PERRY STREET SOFTWARE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL PERRY STREET SOFTWARE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO PERRY STREET SOFTWARE FOR USE OF THE SOFTWARE AND THE ASSOCIATED SERVICES DURING ANY ONE MONTH.

    9. Indemnification. You agree to indemnify and hold Life-Bee Health Informatics Pvt Ltd and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any rights of another party.

    10. Termination. This Agreement is effective until terminated by you or Life-Bee Health Informatics Pvt Ltd. Your rights under this Agreement shall terminate automatically without notice from or Life-Bee Health Informatics Pvt Ltd if you violate any of the terms of this Agreement. Upon termination of this Agreement, all license rights granted to you shall immediately terminate, but all other provisions of this Agreement shall survive termination.

    11. Dealings with Advertisers. Your dealings with, or participation in promotions of, advertisers found on or through the Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Life-Bee Health Informatics Pvt Ltd shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings.

    12. Links. The Software or third parties may provide links to other websites or resources. Because Life-Bee Health Informatics Pvt Ltd has no control over such sites and resources, you acknowledge and agree that Life-Bee Health Informatics Pvt Ltd is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sitesor resources.

    13. Changes to Software. Life-Bee Health Informatics Pvt Ltd reserves the right to modify or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.

    14. Copyright Infringement Notice. If you believe that your work has been made available through the Software in a way that constitutes copyright infringement, please provide Life-Bee Health Informatics Pvt Ltd Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Software; (d) your address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Life-Bee Health Informatics Pvt Ltd Agent for Notice of Copyright Claims can be reached as follows:

    15. E-mail: lifebeehil@life-bee.com

    16. Legal Compliance. You represent and warrant that you are not: (a) located in a country that is subject to a Government of India embargo, or that has been designated by the Indian . Government as a “terrorist supporting” country; and (b) listed on any Indian Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.

    17. General. (a) This Agreement and your relationship with Life-Bee Health Informatics Pvt Ltd under the Agreement shall be governed by the laws of the Republic of India without regard to its conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You agree to submit to the exclusive jurisdiction of the courts located within the Thiruvananthapuram District , Kerala state,India to resolve any legal matter arising from this Agreement or your use of the Software, and you agree not to contest venue in any such action or to assert the doctrine of forum non conveniens or the like. (b) If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability. Such provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of this Agreement. (c) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You may not assign any of your rights or obligations under this agreement to another party without the express written consent of Life-Bee Health Informatics Pvt Ltd. (d) The failure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. (e) This Agreement constitutes the complete and exclusive statement of the agreement between Life-Bee Health Informatics Pvt Ltd and you with respect to the subject matter hereof and supersedes any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.