END USER LICENSE AGREEMENT
PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“Agreement”) CAREFULLY BEFORE CLICKING AN “AGREE” OR SIMILAR BUTTON OR INSTALLING OR USING THE PROGRAM. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND KENEX. THAT SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PROGRAM. BY CLICKING AN “AGREE” OR SIMILAR BUTTON OR BY INSTALLING AND/OR USING THE PROGRAM, YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS STATED OR REFERENCED HEREIN. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, DO NOT CLICK AN “AGREE” OR SIMILAR BUTTON AND DO NOT INSTALL OR USE THE PROGRAM. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS AS PRESENTED TO YOU – ANY CHANGES, ADDITIONS OR DELETIONS BY YOU TO THESE TERMS AND CONDITIONS WILL NOT BE ACCEPTED BY KENEX AND WILL NOT BE PART OF THIS AGREEMENT.
“KENEX” refers to KENYA COMMERCE EXCHANGE SERVICE BUREAU LTD. “You” and “Your” refer to the individual or entity that has agreed to use the program (as defined below) in accordance with this Agreement. “Device” refers to the compatible product running the Android operating system that You own or control. “Program” refers to the software application provided with this Agreement and any program documentation provided by KENEX and licensed to You subject to the terms and conditions of this Agreement.
This Agreement is governed by and construed in accordance with the substantive and procedural laws of the United States and the State of California, except that body of California law concerning conflicts of law. You and KENEX agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement.
Your use of the Program is subject to the terms referenced herein.
Subject to the terms set forth in this Agreement, KENEX grants You a nonexclusive, nontransferable, nonsublicensable, revocable, limited right and license to install and run the Program on Your Device.
KENEX may audit Your use of the Program. You are not permitted to use the Program for any purpose other than as set forth in this Agreement. You agree to comply with any applicable third party terms when using the Program.
CONSENT TO USE LOCATION-BASED SERVICES AND DATA
The Program may contain or use location-based services. If You enable, use or access such location-based services in connection with the Program, You hereby consent to the collection, transmission and use of Your location data by the Program. Information about the Program’s collection and use of location data will be specified in the Program’s About section; such use may include verifying or otherwise recording your location for the purposes specified in the Data Collection and Privacy section below.
If the Program provides real-time location or route guidance, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF SUCH REAL TIME LOCATION DATA OR ROUTE GUIDANCE. LOCATION DATA MAY NOT BE ACCURATE.
DATA COLLECTION AND PRIVACY
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Program. You agree that such export control laws govern Your use of the Program (including technical data) and You agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information and/or Program will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
OWNERSHIP AND RESTRICTIONS
KENEX or its licensors retain all ownership and intellectual property rights in the Program.
You may not:
remove or modify any Program markings or any notice of KENEX’s or its licensors’ proprietary rights;
make the Program available in any manner to any third party;
use the Program to provide third party training;
assign this Agreement or give or transfer the Program or an interest in them to another individual or entity;
cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Program (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by Programs);
create derivative works based on the Program;
disclose results of any Program benchmark tests without KENEX’s prior written consent; or
use any KENEX name, trademark or logo.
DISCLAIMER OF WARRANTIES AND EXCLUSIVE REMEDIES
TO THE EXTENT NOT PROHIBITED BY LAW, KENEX HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND, ARISING BY LAW OR OTHERWISE, WITH REGARD TO THE PROGRAM, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUALITY OF SERVICE. KENEX MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT, EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE PROGRAM OR THE RESULTS YOU MAY OBTAIN BY USING THE PROGRAM OR THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT IS COMPLETELY SECURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KENEX DOES NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE PROGRAM WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; OR (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE PROGRAM WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT KENEX DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE PROGRAM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. KENEX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY KENEX, THE PROGRAM IS PROVIDED TO YOU ON AN “AS IS” BASIS.
IN NO EVENT SHALL KENEX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS OPPORTUNITY, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, ARISING FROM OR RELATED TO THE USE OF THE PROGRAM OR ANY DATA DERIVED THEREFROM, EVEN IF KENEX HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You and KENEX acknowledge that KENEX does not have any obligation under this Agreement to furnish technical support or updates for the Program.
If a third party makes a claim against You that Your use of the Program as provided in this Agreement infringes its intellectual property rights, KENEX, at its sole cost and expense, will defend You against the claim and indemnify You from the damages, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by KENEX, if You do the following:
notify KENEX promptly in writing, not later than 30 days after You receive notice of the claim (or sooner if required by applicable law);
give KENEX sole control of the defense and any settlement negotiations; and
give KENEX the information, authority, and assistance it needs to defend against or settle the claim.
If KENEX believes or it is determined that the Program may have violated a third party’s intellectual property rights, KENEX may choose to either modify the Program to be non-infringing (while substantially preserving its utility or functionality) or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, KENEX may end the license for, and require return of, the Program and refund any fees You may have paid for it. KENEX will not indemnify You if You alter the Program or use it outside the scope of use identified in the Program’s user documentation or if You use a version of the Program which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Program. KENEX will not indemnify You to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by KENEX. KENEX will not indemnify You to the extent that an infringement claim is based upon the combination of the Program with any products or services not provided by KENEX. KENEX will not indemnify You for infringement caused by Your actions against any third party if the Program as delivered to You and used in accordance with the terms of this agreement would not otherwise infringe any third party intellectual property rights. This section provides Your exclusive remedy for any infringement claims or damages.
END OF AGREEMENT
You may terminate this Agreement by destroying all copies of the Program. Your right to use the Program shall end immediately if You fail to comply with any of the terms set forth in this Agreement, or as otherwise set forth in the “License” section above, in which case You shall destroy all copies of the Program. The provisions of this Agreement that by their nature continue shall survive any expiration or termination of this Agreement.
RELATIONSHIP BETWEEN THE PARTIES
The relationship between You and KENEX is that of licensee/licensor.
You agree that this Agreement is the complete agreement pertaining to the subject matter hereof (including references to information contained in a URL or referenced policy) and this Agreement supersedes all prior or contemporaneous written or oral agreements or representations existing between You and KENEX with respect to such subject matter. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. KENEX’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le present contrat et tous les documents connexes soient rediges en anglais.
Both parties acknowledge and agree that (i) this Agreement is solely between KENEX and You; and (ii) KENEX is solely responsible for the Program and the content thereof.
For any questions, complaints or claims with respect to the Program, please contact KENEX SWIFT Support at +254 20 4445354/56/60/62, or via email email@example.com
Last updated 17 May 2017