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Obopay Handset Software End User License Agreement

Introduction and Acceptance. This End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) ("you") and Obopay Mobile Technology India Private Limited having its principal offices at ESQUIRE CENTRE 4th Floor, No 9, M.G.Road Bangalore 560001, India ("Obopay"), regarding the use of Obopay's mobile handset software, all associated documentation and any updates, corrections or modifications that may be provided from time to time to you by Obopay (together, the "Software"). BEFORE YOU CLICK THE "Accept" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DECLINE" BUTTON AND DO NOT USE THIS SOFTWARE AND DESTROY OR DELETE ALL COPIES IN YOUR POSSESSION. If you are an entity (corporation, partnership or otherwise), the license to the Software granted to such entity under this Agreement is expressly conditioned upon acceptance by personnel authorized to sign for and bind such entity. If you are not authorized to sign for and bind the entity, click the "I Disagree" button and have a person authorized to sign for and bind the entity complete the acceptance process.
Grant of License. Subject to the restrictions set forth below, this Agreement grants you a non-exclusive, non-transferable, non-sublicenseable license to install and use one (1) copy of the specified version of the Software for personal use on only one device. You may use the Software for the sole purpose of using the Mobile Money Services provided by your bank or financial institution through Obopay (the "Services") and only so long as you are using the Services in accordance with the terms and conditions of such Services. You may not: RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN OR OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT; reverse engineer, decompile or disassemble the Software or otherwise reduce the Software to a human-perceivable form, except to the extent the foregoing restrictions are expressly prohibited by applicable law; remove or destroy any copyright notices or other proprietary markings; modify or adapt the Software, merge the Software into another program or create derivative works based on the Software;copy or distribute the Software without Obopay's express prior written authorization; take any action that creates, or purports to create, any obligation on behalf of Obopay; and take any action that grants, or purports to grant, any rights or immunities to any third party under Obopay's intellectual property rights or other of their respective proprietary rights.
Ownership. Obopay and its licensors shall retain exclusive ownership of all right, title and interest in and to the Software. Obopay reserves all rights not expressly granted hereunder.
Warranty Exclusion. THE SOFTWARE AND SERVICES ARE LICENSED "AS IS." NEITHER OBOPAY, NOR ITS LICENSORS, NOR NOKIA, NOR YOUR BANK MAKE ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SOFTWARE, SERVICES AND OTHER TECHNOLOGIES, WHETHER USED OR OPERATED ALONE OR IN COMBINATION, AND OBOPAY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. The exclusion of implied warranties or conditions may not be permitted by some jurisdictions and therefore the above exclusion may not apply to you. You may also have other rights which may vary from state to state and country to country.
Termination. Obopay may terminate this Agreement and the license granted hereunder at any time without prior notice if you fail to comply with any of the terms and conditions of this Agreement or the Terms and Conditions. The provisions of Articles 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 shall survive any termination or expiration of this Agreement.
Disclosures: Obopay's privacy policy, which is subject to the requirements of applicable law, describes the information Obopay collects about you and how Obopay uses that information. For more information about Obopay's privacy policy, please visit http://www.mobilemoneyservices.co.in. Your acceptance of this Agreement and the continued use of the Software or Service constitutes your acceptance of Obopay's privacy policy. Obopay reserves the right to modify its privacy policy at any time without prior notice. You are responsible for reviewing Obopay's privacy policy regularly and your continued use or the Software or Service shall constitute your express acceptance of any changes and modifications to Obopay's privacy policy.
Limitation of Liability. IN NO EVENT WILL OBOPAY, ITS LICENSORS, NOKIA OR YOUR BANK BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO (A) THIS AGREEMENT, (B) THE SOFTWARE OR THE USE THEREOF, OR (C) THE SERVICES, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF OBOPAY OR ITS LICENSORS, OR NOKIA, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS SOFTWARE IS PROVIDED WITHOUT CHARGE AND THEREFORE THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, certain of the above limitations or exclusions may not apply to you.
Indemnification. You agree to defend, indemnify and hold harmless Obopay and its licensors and their respective affiliates, agents, employees, officers, directors and shareholders from and against damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demanding arising out of or related to your breach of this Agreement or use of the Software.
Export Regulations. You further agree that the Software may not be sold or exported or carried or used by you to/in any country if: (i) the export of the Software to such country is prohibited by the laws of the United States, including without limitation the Export Regulations of the Department of Commerce and the International Traffic in Arms Regulations of the Department of State; (ii) the import of the Software into such country is prohibited by the laws of such country; or (iii) proper authorization for the lawful importation or exportation of the Software has not been obtained.
Services Provided by Your Bank. The Services are provided to you by your bank, not Obopay, under the terms of a separate agreement between you and your bank. You acknowledge and agree that Obopay is not responsible for the Services, or your use of or inability to use the Services. You agree to look to your bank, and not to Obopay, to address any concerns or problems you may have with the Services. Further, in the event of any financial queries or issues, please contact your bank. Your mobile service is provided to you by your mobile telephone service provider, not Obopay, under the terms of a separate agreement between you and your mobile telephone service provider. You acknowledge and agree that Obopay is not responsible for your use or inability to use mobile telephone services. You agree to look to your mobile service provider/bank, and not Obopay, to address any concerns or problems you may have with your mobile service.
Waiver. The failure of either party to require 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 such or any other provision.
Assignment. This Agreement is not assignable by you. You shall not assign or sublicense or otherwise transfer the rights or license granted hereunder. Any assignment in contravention of the foregoing shall be void and of no effect. Obopay may assign this Agreement.
Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the India, without reference to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. In case of any dispute arising out of this Agreement, such dispute shall be submitted to arbitration. The Indian Arbitration and Conciliation Act, 1996, any statutory amendment or re-enactment thereof for the time being in force shall be applicable to such arbitration proceedings under this Agreement. The arbitration shall be held in Bangalore, India and the arbitration shall be conducted in the English language. The Award shall be final and binding on the Parties. Not withstanding the foregoing, Obopay shall be entitled to seek and obtain injunctive relief for breach of Sections 2 or 3 in any court of competent jurisdiction.
Severability. If any provision of this Agreement is held unenforceable, the remainder of this Agreement will continue in full force and effect.
Entire Agreement. This Agreement is the entire agreement between the parties relating to the subject matter hereof and may only be modified by a writing signed by both parties.