This end user license agreement (“EULA”) forms a binding contract between you and ebombey App company. This EULA governs your download and/or use of the executable code for ebombey Application’s mobile software applications, however branded, including any updates or upgrades thereto (Application Software).
1. This is a contract. This EULA constitutes a contract between you and ebombey App/Application. You may not use the software if you do not accept the terms in this EULA while sign up this application. By downloading and/or using the application software, you agree to be bound by all the terms and conditions set forth in this EULA. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept this EULA on your behalf and approve your use of the Software.
2. You are only granted a limited license to use the application Software. Subject to the terms and conditions of this EULA, ebombey App /Application hereby grants you a personal, limited, non-exclusive, non-transferable, non-sub licensable license to use the executable code version of the Application Software solely as installed on your mobile Internet enabled device. You may only use the Application Software as expressly authorized in this EULA.
3. You must respect our rights in the application Software. Unless expressly permitted by law, you may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, modify, or create derivative works of the software. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Application Software. You may not separate the component programs of the Software for use on different computers or sublicense, lease, rent, loan, or distribute the Software to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Software which is inconsistent with the terms set forth in this EULA.
4. The software contains our valuable intellectual and legal property. You acknowledge and agree that the Software, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual and legal property of ebombey App/Application and its suppliers. The Application software is licensed and not sold to you, and no title or ownership to such Software or the intellectual property rights embodied therein is granted to you. The software is the exclusive property of ebombey App/Application and its suppliers, and all rights in and to the Software not expressly granted to you in this agreement is reserved. Nothing in this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of ebombey App/Application except to the extent necessary for you to use the Software as expressly permitted under this EULA. You acknowledge and agree that any actual or threatened breach of this EULA will constitute immediate, irreparable harm to ebombey App/Application for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
5. Components from third parties may be delivered along with the application software. The Software is delivered along with certain software components provided by third parties (“Third Party Software”). ebombey App/Application shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in this EULA do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. This EULA governs your use of the Application Software in executable form.
6. The Application Software may include additional services. Various additional services may be offered where available via or as integrated into the Software (“Services”). By using any of the Services, you agreed to the terms of service at https://www.ebombey.com/terms (“Terms of Service”). The Terms of Service are incorporated into this EULA by this reference. ebombey App/Application reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ebombey App/Application shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
7. Our application software and services are ad-supported. The Software is free to download and our services are generally provided free of charge. ebombey App/Application incurs substantial development, collocation and bandwidth expenses in doing this. To support our business and continue providing you with the application software and services for free, we will display the advertisements of select partners to you. By using our software and services, you consent to the placement of such advertisements within the Application Software and Services.
8. Your privacy is important to us. ebombey App/Application takes the protection and security of its users’ information very seriously and will treat any and all such information in accordance with our privacy statement, which is currently posted at https://www.ebombey.com/privacy (“Privacy Statement”). The privacy statement is incorporated into this EULA by this reference. You agree to the use of your data in accordance with ebombey App/Application’s Privacy Statement.
9. The application software may offer the ability to block or automatically accept cookie dialogs. May be Many websites show you pop-up messages or other dialogs asking for your consent or notifying you of the site’s intention to place cookies on your device. Certain functions of the Software may allow you to block or to automatically accept such dialogs. If you choose the option to block cookie dialogs, this feature will automatically dismiss the dialog if possible. By using this feature, you agree and understand that the effect of using it may be that you consent to the placement of cookies on your device. If you want to block cookies, look for the setting in Preferences allowing you to do that.
10. Your license to use the application software terminates if you breach this EULA. This EULA will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, you will discontinue all use of the Application Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by ebombey App/Application, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Section 1, as well as Sections 3 through 15 of this EULA shall survive termination.
11. The application software is provided without any warranties or guarantees. The application software is provided “as is” and ebombey app/Application disclaims all warranties with regards to the software whether express, implied or statutory, including without limitation the implied warranty of title, non-infringement, merchantability, fitness for a particular purpose or use, satisfactory quality, or quiet enjoyment. ebombey app/application does not warrant that the use of the software will be uninterrupted or error free or that the application software does not contain any viruses. This warranty disclaimer is a fundamental element of the basis of the bargain between you and ebombey all/application. ebombey app/application would not provide the software absent such disclaimer. No representation or warranties are made by any of ebombey app/application’s customers or suppliers under or by virtue of this agreement. If you are dissatisfied with any portion of the software, or with any of these terms, your sole and exclusive remedy is to discontinue using the application software.
12. ebombey App /Application is not liable for any damages you may incur. In No event shall ebombey App/Application its affiliates, or their respective suppliers or customer be liable for any incidental, special, consequential, or indirect damages of any kind (Including without limitation damages for interruption of business, lost data, lost profit, or the like) regardless of the form of action, whether in contract, tort (Including without limitation negligence), product liability, or other theory, even if advised of the possibility of such damages. In no event will the cumulative liability of ebombey app/application arising out of or related to this agreement exceed the amount paid to ebombey app/application in respect of the application software giving rise to the claim or, if no fees were paid. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the forgoing exclusion and limitation may not apply to you. This limitation of liability will apply notwithstanding the failure of essential purpose of any limited remedy set forth herein. This limitation of liability is a fundamental element of the basis of the bargain between you and ebombey app/application would not provide the software to you absent such limitation
13. This contract is based on Indian IT Laws:Information Technology Act, 2000, India & Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules Act, 2021 This EULA will be governed by the IT Laws of India without giving effect to any conflicts of law principles that may require the application of the laws of a different country. All actions or proceedings arising under or related to this agreement must be brought in the Mumbai Judiciary Court, and you hereby agree to irrevocably submit to the exclusive jurisdiction and venue of any such court in all such actions or proceedings. Notwithstanding this, you agree that ebombey App/Application shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of this EULA is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall not be affected or impaired thereby
14. ebombey App /Application may modify these terms. ebombey App /Application may update the terms of this EULA, the privacy statement or the Terms of Service. The current version of this EULA is posted at https://www.ebombey.com/eula/mobile the latest version of the Privacy Statement is posted at , and the Terms of Service are posted at https://www.ebombey.com/terms. It is your responsibility to remain informed of any changes as you are bound by the latest version of the EULA, Privacy Statement and Terms of Service.
15. General . You acknowledge and agree that the application software may contain cryptographic functionality the export of which may be restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities with regard to the application software. You will not export or re-export the application software in violation of such laws or regulations or without all required licenses and authorizations. You may not assign or transfer this contract without obtaining ebombey App/Application’s prior written consent, and any purported assignment or transfer in violation of this restriction will be null and void.
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