Clockgogo - terms-community-user

END USER LICENSE AGREEMENT for Clockgogo Mobile App

Last revised on March 17, 2017

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

 

1.     DESCRIPTION OF SOFTWARE

Clockgogo Mobile App refers to one or more of the followings :

·       Clockgogo Boss (Free)

·       Clockgogo Staff (Free)

·       Clockgogo Share (Free)

The Software is a downloadable software application that enables you to access Clockgogo functionality directly from your Android, iPhone or other mobile device supported by Clockgogo.

2.     LICENSE

By installing and/or using Clockgogo Mobile App ("Software") containing this software, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Your use of Clockgogo Mobile App indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Asiabase Technologies Limited grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Clockgogo Mobile App in accordance with this Agreement and any other written agreement with Asiabase Technologies Limited. Asiabase Technologies Limited does not transfer the title of Clockgogo Mobile App to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Asiabase Technologies Limited and the purchasers or users of Clockgogo Mobile App.

If you do not agree to be bound by this agreement, remove Clockgogo Mobile App from your device.

3.     MODIFICATION OF THE EULA

Asiabase Technologies Limited reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Asiabase Technologies Limited materially modifies this EULA it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Software or the Service for the first time after such material changes are made. By continuing to use the Software after Asiabase Technologies Limited has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of and uninstall the Software. This Agreement will also govern any software upgrades and/or updates provided by Asiabase Technologies Limited that upgrade and/or supplement the Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

4.     DISTRIBUTION

Clockgogo Mobile App and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.

5.     USER AGREEMENT

 

5.1.  Use

Your license to use Clockgogo Mobile App is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Clockgogo Mobile App.

5.2.  Use Restrictions

You shall use Clockgogo Mobile App in compliance with all applicable laws and not for any unlawful purpose.

5.3.  Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Clockgogo Mobile App. Nor can you create any derivative works or other works that are based upon or derived from Clockgogo Mobile App in whole or in part.

Asiabase Technologies Limited's and Clockgogo’s name, logo and graphics file that represents Clockgogo Mobile App shall not be used in any way to promote products developed with Clockgogo Mobile App. Asiabase Technologies Limited retains sole and exclusive ownership of all right, title and interest in and to Clockgogo Mobile App and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Clockgogo Mobile App, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Asiabase Technologies Limited.

5.4.  Open Source

Clockgogo Mobile App may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found in the Software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.

5.5.  Right to Modify Software

Asiabase Technologies Limited may modify Clockgogo Mobile App from time to time, including adding, changing and removing the functionality or appearance of Clockgogo Mobile App when needed.

5.6.  Personal Information and Privacy

Clockgogo Mobile App may ask you to provide certain information about you during the Software downloading process. All personal information that you provide will be governed by the Privacy Policy, which is available at http://www.clockgogo.com/index.php/en/privacy-free-user. You understand and agree that Asiabase Technologies Limited may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the terms of this EULA, or protect the rights, property, or safety of Asiabase Technologies Limited, its users, or the public.

Clockgogo Mobile App adheres to the following privacy protection rules all the time :

·       Name, phone number, email address and photo will not be sold, donated nor transferred to any third party

·       Clockgogo Mobile App will not access contact list of smartphone

·       Except at the time of card punching, location of employee will not be tracked

·       Asiabase Technologies Limited uses technologies to provide services and help collect data. However, Asiabase Technologies Limited will not use the technology to directly identifies you (such as your name or email address)

·       Any change in privacy protection policies mentioned above will only be effective after consent from employee is received

 

5.7.  Advertising

When you are using one of the following, you agree that Clockgogo Mobile App can display advertising in the Software during day-to-day usage.

·       Clockgogo Boss (Free)

·       Clockgogo Staff (Free)

·       Clockgogo Share (Free)

 

5.8.  Limitation of Responsibility

You will indemnify, hold harmless, and defend Asiabase Technologies Limited, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Asiabase Technologies Limited's Software.

In no event (including, without limitation, in the event of negligence) will Asiabase Technologies Limited, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Clockgogo Mobile App or the use or inability to use Clockgogo Mobile App or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

5.9.  Warranties

Except as expressly stated in writing, Asiabase Technologies Limited makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

5.10.         Governing Law

This Agreement shall be governed by the law of Hong Kong applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Hong Kong therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

5.11.         Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Clockgogo Mobile App and destroy all copies of Clockgogo Mobile App supplied under this Agreement.

6.     DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Clockgogo Mobile App AS WELL.

7.     CONSENT OF USE OF DATA

You agree that Asiabase Technologies Limited may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Clockgogo Mobile App. Asiabase Technologies Limited may also use this information to provide notices to you which may be of use or interest to you.