1 In this licence, the following definitions apply to all provisions unless otherwise stated:
2 The Owner hereby grants to the Licensee a non-exclusive and non-transferable licence to use the Software subject to the terms and conditions set out in this licence.
3 For One-off Licensees, each licence in relation to the Software may only be activated and used on a single computer. For Subscription Licensees, each licence in relation to the Software may only be activated and used on a single computer at any point in time. If the Subscription Licensee wishes to use the Software on a different computer than the one on which the Software is currently activated, the Subscription Licensee must first deregister the computer on which the Software is currently activated, before re-activating the Software on a different computer.
4 The Licensee hereby agrees and undertakes to use the Software only for lawful purposes and in accordance with the terms and conditions set out in this licence.
5 Unless otherwise stipulated, the terms and conditions in this licence apply from the time the Software is downloaded by the Licensee, including the Trial Period.
6 The Software is provided “as is”, and the Owner and all other parties involved in its development and promotion provide no warranties of any kind in relation to the Software. All conditions, warranties and representations implied by statute, common law, usage, course of dealing or otherwise as to any matters, including non-infringement of third party rights, title, availability, satisfactory quality, merchantability or fitness for purpose in relation to the Software or any part of it are hereby excluded to the fullest extent permitted by the applicable law.
7 Any dissatisfaction with the Software after the Trial Period does not give rise to an entitlement to refund of payment. A Licensee who is dissatisfied with the Software in any way after payment may submit an application for refund, and refund may be granted by the Owner at his sole and exclusive discretion.
8 A Subscription Licensee may cancel his subscription at any time during his subscription period, and immediately upon cancellation the Subscription Licensee will no longer be able to use the Software. Subject to cl 7 above, the Subscription Licensee will not be granted a refund after the cancellation of the subscription, even if the subscription is cancelled before the end of the monthly or yearly billing cycle.
9 Whereas the Licensee may provide feedback as to existing and additional functionalities of the Software, the Owner does not undertake to provide any updates, upgrades, fixes or other amendments to the Software, except at his sole and exclusive discretion.
10 All rights that subsist in the Software at the time of the licence and all rights that may arise from time to time as a result of upgrades or modifications to the Software by the Owner, including but not limited to intellectual property rights, shall remain the property of the Owner, and no rights shall be acquired by the Licensee unless specifically provided in this licence.
11 The Licensee undertakes to make prompt payment for the continued use of the Software after the end of the Trial Period, in the manner and on terms prescribed in the Software or in advance by the Owner. Any continued use of the Software after the Trial Period, without necessary payment, shall be a breach of this licence and result in the immediate revocation of this licence, without any prejudice to any other rights and remedies that the Owner may have under this licence or the applicable law.
12 No part of this Software may be modified, altered, merged, translated, reverse engineered, disassembled, decompiled, copied, combined with or embedded within any other computer programs, or otherwise dealt with, except with advance notice to and the prior written consent of the Owner.
13 The Licensee shall take all reasonable steps to prevent the Software from being misused by any third party. The Licensee shall notify the Owner immediately if it becomes aware of any unauthorized use or possession of the Software or any part thereof, by any person, whether such unauthorized use or possession was permitted or acquiesced to by the Licensee or otherwise.
14 For the sole purpose of administering licences, the Software processes data on (a) the Licensee’s email address and (b) the Licensee’s MAC address. For the sole purpose of data analytics, the Software processes data on in-app usage of the Software, including but not limited to the type and frequency of shortcuts used. No other data is intentionally collected by the Software.
16 The Owner and his employees, agents or affiliates shall have no liability for any losses howsoever caused by the download or use of the Software (in accordance with this licence or otherwise), including but not limited to loss of profits or anticipated profits, loss of goodwill, loss of income and losses or damage to data and other software or hardware.
17 No part of this licence or the rights thereunder shall be novated, assigned, sub-licenced, resold or otherwise transferred to any other party by the Licensee without the prior written consent of the Owner.
18 The Owner may terminate or suspend this licence at any time with prior notice to the Licensee.
19 All the rights and obligations in this licence shall survive the termination of the licence unless otherwise stipulated.
20 Any failure by the Owner to insist upon strict performance of any of the terms under this licence shall not relieve the Licensee from compliance with any obligations thereunder, nor shall it constitute a waiver of any rights and remedies that the Owner may have under this licence or the applicable law.
21 The Owner may amend the terms of this licence at any time with prior notice to the Licensee.
22 This licence represents the entire agreement between the Licensee and the Owner, and supersedes any prior agreement, understanding or arrangement between the Licensee and the Owner, and shall not be varied by any subsequent agreement, understanding or arrangement between the Licensee and the Owner unless such variation is made in writing and signed by both parties.
23 If any of the provisions in this licence are determined by a competent authority to be unlawful, invalid or unenforceable to any extent, such provision will be to that extent severed from the remaining provisions of this licence, which will continue to be lawful, valid and enforceable to the fullest extent permitted by the applicable law.
24 This licence shall be governed by and construed in accordance with the laws of Singapore. In the event that any dispute arises out of and in relation to any provisions of this licence or the use of the Software, parties shall use their best efforts to negotiate and settle the dispute amicably, including by way of mediation at the Singapore Mediation Centre, failing which all disputes shall be settled conclusively by the courts of Singapore.