Easy Planet Software Licence Agreement

ezyCourier SOFTWARE LICENSE AGREEMENT

The following is the SOFTWARE LICENSE AGREMENT (hereinafter “Software License”) for ezyCourier, an internet-enabled mobile telephony device (“Smartphone”) application (hereinafter “app”) and website www.ezycourier.com owned and operated by EASY PLANET LIMITED a company incorporated and registered in the Hong Kong Special Administrative Region, of the People’s Republic of China, with its registered office at Workshop 5, 16/F., Westin Centre, No. 26 Hung To Road, Kwun Tong, Kowloon, Hong Kong, (hereinafter “Easy Planet”). This Software License is to be read in accordance with the Terms and Conditions of Use (hereinafter T&Cs) and Privacy Policy for the app and website and any documents associated with ezyCourier (hereinafter the “Policy and Regulatory Documents”), whose terms and conditions are implied and deemed to be incorporated into this Software License, where applicable and necessary. You are advised to read the Policy and Regulatory Documents in order that you can comply with them and you are aware of your rights and obligations thereunder. The Software License is supplied with ezyCourier for the purposes of informing any prospective Customer and Courier (as defined in the T&Cs) of the obligations under which the app and or website is made available for purchase and use, and the terms and conditions under which use is licensed by Easy Planet.  In this Software License reference to a Customer or Courier is referred to as “You” or “you” or “Your” or “your”, depending upon the context. This Software License governs your use and Easy Planet’s provision of one individual and unique ezyCourier app or unique, one time only download from the website, (hereinafter referred to as “Software”).  If you wish to download, install, view, use and or order goods or packages for delivery through ezyCourier and the Software upon which the app and the website is built, you do so in strict accordance with this Software License and your acceptance of it is a precondition of your use of ezyCourier and its Software.

IF YOU DO NOT AGREE TO BE SO BOUND AND ACCEPT IN ADVANCE, THIS SOFTWARE LICENSE, YOUR USE OF ezyCourier AND THIS SOFTWARE IS STRICTLY FORBIDDEN AND YOU SHOULD NOT USE ezyCourier AND THIS SOFTWARE OR PROCEED ANY FURTHER. THIS SOFTWARE LICENSE EXPRESSLY GOVERNS THE SOFTWARE AND WEBSITE, IT DOES NOT GOVERN THE USE OF THE OPERATING ENVIRONMENT FROM WHICH IT WAS DOWNLOADED AND PURCHASED, WHETHER THAT BE APPLE™ iSTORE OR GOOGLE™ PLAY. A SEPARATE LICENSING AGREEMENT GOVERNS YOUR USE OF THE OPERATING SYSTEM ENVIRONMENT IN WHICH THIS SOFTWARE OPERATES AND YOU SHOULD MAKE YOURSELF AWARE OF AND AGREE TO THOSE PROVISIONS AS WELL, IF THE OPERATING SYSTEM ENVIRONMENT IS NOT THE WEBSITE. THIS SOFTWARE LICENSE EXPRESSLY GOVERNS ezyCourier AND ITS SOFTWARE. IT DOES NOT GOVERN THE USE OF ANY THIRD PARTY SOFTWARE, PRODUCTS, APPLICATIONS, CONTENT AND SERVICES AND SEPARATE LICENSING AGREEMENTS GOVERN YOUR USE OF ANY SUCH THIRD PARTY SOFTWARE, PRODUCTS, APPLICATIONS, CONTENT AND SERVICES AND YOU SHOULD MAKE YOURSELF AWARE OF AND AGREE TO THOSE THIRD PARTY PROVISIONS AS WELL.
NOTHING CONTAINED HEREIN THIS SOFTWARE LICENSE IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR COUNTRY OF RESIDENCE.  IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THIS SOFTWARE LICENSE, YOUR RIGHTS UNDER LOCALLY APPLICABLE LAW SHALL PREVAIL.

1.1 The software, documentation, interfaces, content, fonts and any data that came with your Software, as may be updated or replaced by feature enhancements, Software Updates (hereinafter defined) or system restore software provided by Easy Planet, whether in read only memory, on any other media or in any other form are licensed, not sold, to you for use only under the provisions of this Software License. Easy Planet and its licensors retain full, sole, exclusive and absolute ownership of the Software and any and all Intellectual Property (hereinafter “IP”) rights, titles and interests of any kind or nature whatsoever, whether proprietary or otherwise, throughout the world in perpetuity (in which case the provisions of this Software License may also apply to any successors, novators and assigns of Easy Planet if Easy Planet has been restructured or so assigned any or all of its IP rights), including all present, future, contingent, beneficial, registered and unregistered rights which subsist in, but are not limited to, copyright, patents, trademarks, designs, databases, software codes, designs and models and circuit layouts, itself and reserve all rights not expressly granted to you.
1.2 Easy Planet, at its sole, absolute and exclusive discretion, may in future make available adaptations, improvements, revisions, bug fixes, or rewrites (hereinafter “Software Updates”) for your Software. The Software Updates, if any, may not necessarily include all existing Software features or new features that Easy Planet releases. The provisions of this Software License will govern any Software Updates provided by Easy Planet that replace and/or supplement the software code installed originally in the Software, unless such Software Update is accompanied by a separate license in which case the terms of that license shall prevail.
2. Permitted License Uses and Restrictions
2.1 Subject to you having legally downloaded, installed and activated and purchased the Software from Easy Planet or an officially authorized Easy Planet sales affiliate, and further subject to the terms and conditions of this Software License, you are granted a limited, non-transferrable, non-exclusive license to use the Software on a single Smartphone. Except as permitted in Section 2.2 hereinafter, and unless as provided in a separate agreement between you and Easy Planet, this Software License does not allow the Software to exist on more than 1 (one) device at any 1 (one) time, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. This Software License does not grant you any rights to use Intellectual Property of Easy Planet in the design, development, manufacture, licensing, sale or distribution of third party devices and accessories, or third party software applications.
2.2 Subject to the terms and conditions of this Software License, you are granted a limited, non-exclusive license to download Software Updates that may be made available by Easy Planet for your device or computer to update or restore the Software on any such device or computer that you own or have the right to control. This Software License does not allow you to update or restore any software that you do not have the right to control or own, and you may not distribute or make the Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download a Software Update to your Smartphone or computer, you may make 1 (one) copy of the Software Updates stored on your mobile device or computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.
2.3 YOU SHALL NOT AND ARE HEREBY EXPRESSLY FORBIDDEN FROM, UNDER PAIN OF ACTION BEING TAKEN AGAINST YOU BY EASY PLANET TO THE FULLEST EXTENT AVAILABLE UNDER THE LAW, AND YOU AGREE NOT TO OR NOT ATTEMPT TO OR ENABLE OTHERS TO, copy (except as expressly permitted by this Software License), decompile, reverse engineer, disassemble, attempt to derive the source code of or reduce to any human readable form, decrypt, modify, or create derivative works of the Software or any services provided by the Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).
2.4 Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to and over any such content belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except insofar as otherwise provided herein, this Software License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
2.5 You agree to use the Software in compliance with all applicable laws, including local laws of the country or region in which you usually reside or in which you download, install (in the event that you activate the Software in a country that is different from the one in which you downloaded the Software, you will be subject to the law that applied at the time of download at that time and subject to the law of the country that applied at time of activation, if different) or use the Software. Features of the Software may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi or cellular data connection is required for use of the Software.
2.6 Use of the Software requires a unique user name and password combination (hereinafter “User Account”), only in strict accordance with the Privacy Policy of Easy Planet. User Account is also required to access Software Updates and certain features of the Software. In addition, you acknowledge that many features and services of the Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges and that you shall have no absolutely claim against Easy Planet for the payment of any such charges.
2.7 If you choose to allow automatic Software Updates, your Smartphone will periodically contact Easy Planet for Software Updates, if 1 (one) is available, the Software Update will automatically download and install onto your Smartphone.


3. Transfer
YOU SHALL NOT AND ARE HEREBY EXPRESSLY FORBIDDEN FROM, UNDER PAIN OF ACTION BEING TAKEN AGAINST YOU BY EASY PLANET TO THE FULLEST EXTENT AVAILABLE UNDER THE LAW, AND YOU AGREE NOT TO OR NOT ATTEMPT TO RENT, LEASE, LEND, SELL, DISTRIBUTE, RESDISTRIBUTE, FOR GAIN MONETARY OR OTHERWISE, OR LICENSE OR SUB-LICENSE THE SOFTWARE.
4. Consent to Use of Data
4.1 Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that Easy Planet may collect, maintain, process and use diagnostic, technical, usage and related information (“Diagnostic and Usage Data”), including but not limited to unique system or hardware identifiers, information about your device, computer, system and application software, that is gathered periodically to provide and improve ezyCourier, facilitate the provision of Software Updates, and other services to you (if any) related to the Software, and to verify compliance with the conditions of this Software License. Easy Planet may use this information, for the purposes described above. Subject to the provisions of clause 4.2 hereinafter, use of ezyCourier requires the activation and continued use of Location Services while ordering and during your delivery, after which you may choose to turn off Location Services until you next wish to order a make a delivery order through ezyCourier. The location of your Smartphone or computer may also be sent to Easy Planet to help Easy Planet to improve the Software.
4.2 Location Data. Easy Planet will provide information through the Software on your Smartphone or computer that rely upon location information. To provide and improve these services, where available, Easy Planet may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your device or computer, location search queries, and location of where you purchase and activate the Software. The location data and queries collected may be used by Easy Planet and its partners and licensees to provide and improve location-based products and services. By using any location-based services on your Smartphone or computer, you herby agree and consent to Easy Planet and Easy Planet’s partners' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve the Software. You may withdraw this consent at any time by changing the settings on your Smartphone or computer or the settings in the Software itself. You should be aware however that in so doing you may disable vital components of the Software, without which the Software may not be able to function as specified and may not be able to receive Software Updates, in any such circumstance Easy Planet hereby disclaims any liability for the Software failing to function as expected, desired, specified, designed or warrantied.
5. Services and Third Party Materials
5.1 The Software requires Internet access and a User Account. By using this Software in connection with any third party content, services, products or materials (hereinafter “Third Party Services”) you agree to be bound by the applicable terms and conditions of Third Party Services for the country in which you access the Third Party Services.
5.2 You understand that by using any of the Third Party Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Third Party Services at your full, sole and absolute risk and that Easy Planet, Easy Planet’s affiliates, or licensors shall have no liability to you for content that may be found to be offensive, indecent, obscene, objectionable or violate any provisions of the T&Cs.
5.3 Third Party Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party apps or web sites. By using the Third Party Services, you acknowledge and agree that Easy Planet is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright or any other form of intellectual property rights compliance, legality, decency, quality or any other aspect of such Third Party Services, apps or web sites. Easy Planet, its officers, staff, affiliates and licensors do not warrant or endorse and do not assume and shall not have, and hereby disclaim and deny absolutely and to the fullest extent permissible by law, any liability to you or any other person for any Third Party Services.
5.4 Location data provided by any Third Party Services, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that, the results you receive from any such Third Party Service may vary from actual conditions and inaccuracy of data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety when using the navigation feature, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths.
5.5 To the extent that you upload any content through the use of ezyCourier and its Software, you represent that you own all rights in or to or over, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to Easy Planet or ezyCourier and its Software or Third Party Services. You agree that the Easy Planet Services, Third Party Services and Software contain proprietary content, information and material that is owned by Easy Planet, the website owner and/or their licensors, and is protected by applicable intellectual property and other laws. You agree that you will not use such Intellectual Property of Easy Planet or Third Party Services other than for uses permitted by Easy Planet or Third Party Services or Software or in any manner that is inconsistent with the terms of this Software License or that infringes any intellectual property rights of a third party or the Intellectual Property rights of Easy Planet. No portion of ezyCourier and its Software may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, whether for gain monetary or otherwise, license or sub-license, or create derivative works based on ezyCourier and its Software, in any manner, and you shall not exploit ezyCourier and its Software in any unauthorized manner whatsoever, including but not limited to, using ezyCourier and its Software to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use ezyCourier and its Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Easy Planet is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using ezyCourier. In addition, Third Party Services that may be accessed, linked to or displayed on the Software are not available in all languages or in all countries or regions. Easy Planet makes no representation that such Third Party Services are appropriate or available for use in any particular location. To the extent you choose to use or access such Third Party Services, you do so at your own initiative and risk and are responsible for compliance with any applicable laws, including but not limited to locally applicable laws and privacy and data collection laws. Easy Planet reserves the right to change, suspend, remove, or disable access to ezyCourier and its Software or Third Party Services at any time without notice. In no event shall Easy Planet be liable for the removal of or disabling of access to ezyCourier or Third Party Services. Easy Planet may also impose limits on the use of or access to ezyCourier and Third Party Services, in any event and without notice or liability to you.

6. Termination
6.1 This Software License is effective until terminated. Your rights under this Software License will determine automatically or otherwise cease to be effective without notice from Easy Planet if you fail to comply with any provisions of this Software License. Upon the termination of this Software License, you shall immediately discontinue use of the Software. In the event of termination the clauses of this Software License that are intended to survive termination shall survive.
7. Disclaimer of Warranties
7.1 NOTHING CONTAINED HEREIN CLAUSE 7 IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR COUNTRY OF RESIDENCE.  IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THIS CLAUSE 7 OR THIS SOFTWARE LICENSE MORE GENERALLY, YOUR RIGHTS UNDER LOCALLY APPLICABLE LAW SHALL PREVAIL.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED BY THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EASY PLANET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.4 EASY PLANET DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE SUPPORTED OR PROVIDED BY THE SOFTWARE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SOFTWARE OR SERVICES SUPPORTED OR PROVIDED BY THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AND IN ANY SUCH CIRCUMSTANCE EASY PLANET HEREBY DISCLAIMS AND DENIES FULLY AND ABSOLUTELY ANY LIABILITY.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
8. Limitation of Liability
8.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EASY PLANET OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE  SOFTWARE AND ANY SERVICES PROVIDED BY THE SOFTWARE OR ANY THIRD PARTY SERVICES AND SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE OR ANY SERVICES PROVIDED BY THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EASY PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Easy Planet’s total liability to you for all damages exceed the amount of HK$1000.00 (one thousand Hong Kong dollars only) or the equivalent value in the legal tender in the country in which you reside on the day when any such award is made. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Additional Provisions
9.1 Jurisdiction and Arbitration. You agree that any action at law or in equity arising out of or relating to this Software License or ezyCourier and its Software that is not subject to arbitration shall be filed, and that venue properly lies, only in the courts of Hong Kong and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. This Software License is governed by and construed in accordance with the laws of Hong Kong without giving effect to any conflict of law principles. Furthermore, you and Easy Planet agree to arbitrate all disputes between you and Easy Planet and its affiliates, except disputes relating to the enforcement of Easy Planet or its affiliates’ intellectual property rights.  “Dispute” includes any dispute, action or other controversy between you and Easy Planet concerning ezyCourier and its Software, or this Software License whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.  You and Easy Planet empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this Software License or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Software License is void or voidable. In the event of a dispute, you or Easy Planet must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to the address stated hereinbefore. Attention: Legal/Arbitration Notice. Easy Planet will send any notice of dispute to you at the contact information we have for you. You and Easy Planet will attempt to resolve a dispute through informal negotiation within 60 (sixty) calendar days from the date the notice of dispute is sent. After 60 (sixty) days, you or Easy Planet may commence arbitration. Any arbitration will take place before the Hong Kong Arbitration Tribunal, or if you are not able to attend hearings in Hong Kong, at an arbitration tribunal near your place of residence. If you and Easy Planet do not resolve a dispute by informal negotiation the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal in accordance with the law of Hong Kong or the law applicable in your usual place of residence in the country in which you reside. You and Easy Planet shall bear any and all legal costs that may be incurred in and associated with arbitration individually in full; and neither you nor Easy Planet may be entitled to any make any claim or have any right of action against the other for reimbursement of any legal costs so incurred.
9.2 Severability. If the existence or operation of this Software License should be called into question or doubt or any provision of this Software License should be judged unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision is to be deemed severable from this Software License and shall not affect the validity and enforceability of any remaining provisions.

9.3 No Waiver. No waiver of any right or provision of this Software License by you or Easy Planet shall be deemed a further or continuing waiver of any such right or provision or any other provision, and any failure to assert any right or provision under this Software License shall not constitute a waiver of such right or provision or the exercise of any such right or provision at any future time.
© Copyright Easy Planet Limited, 2015


IF YOU DO NOT AGREE TO BE SO BOUND AND ACCEPT IN ADVANCE, THIS SOFTWARE LICENSE, YOUR USE OF ezyCourier AND THIS SOFTWARE IS STRICTLY FORBIDDEN AND YOU SHOULD NOT USE ezyCourier AND THIS SOFTWARE OR PROCEED ANY FURTHER. THIS SOFTWARE LICENSE EXPRESSLY GOVERNS THE SOFTWARE AND WEBSITE, IT DOES NOT GOVERN THE USE OF THE OPERATING ENVIRONMENT FROM WHICH IT WAS DOWNLOADED AND PURCHASED, WHETHER THAT BE APPLE™ iSTORE OR GOOGLE™ PLAY. A SEPARATE LICENSING AGREEMENT GOVERNS YOUR USE OF THE OPERATING SYSTEM ENVIRONMENT IN WHICH THIS SOFTWARE OPERATES AND YOU SHOULD MAKE YOURSELF AWARE OF AND AGREE TO THOSE PROVISIONS AS WELL, IF THE OPERATING SYSTEM ENVIRONMENT IS NOT THE WEBSITE. THIS SOFTWARE LICENSE EXPRESSLY GOVERNS ezyCourier AND ITS SOFTWARE. IT DOES NOT GOVERN THE USE OF ANY THIRD PARTY SOFTWARE, PRODUCTS, APPLICATIONS, CONTENT AND SERVICES AND SEPARATE LICENSING AGREEMENTS GOVERN YOUR USE OF ANY SUCH THIRD PARTY SOFTWARE, PRODUCTS, APPLICATIONS, CONTENT AND SERVICES AND YOU SHOULD MAKE YOURSELF AWARE OF AND AGREE TO THOSE THIRD PARTY PROVISIONS AS WELL.
NOTHING CONTAINED HEREIN THIS SOFTWARE LICENSE IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR COUNTRY OF RESIDENCE.  IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THIS SOFTWARE LICENSE, YOUR RIGHTS UNDER LOCALLY APPLICABLE LAW SHALL PREVAIL.

1.1 The software, documentation, interfaces, content, fonts and any data that came with your Software, as may be updated or replaced by feature enhancements, Software Updates (hereinafter defined) or system restore software provided by Easy Planet, whether in read only memory, on any other media or in any other form are licensed, not sold, to you for use only under the provisions of this Software License. Easy Planet and its licensors retain full, sole, exclusive and absolute ownership of the Software and any and all Intellectual Property (hereinafter “IP”) rights, titles and interests of any kind or nature whatsoever, whether proprietary or otherwise, throughout the world in perpetuity (in which case the provisions of this Software License may also apply to any successors, novators and assigns of Easy Planet if Easy Planet has been restructured or so assigned any or all of its IP rights), including all present, future, contingent, beneficial, registered and unregistered rights which subsist in, but are not limited to, copyright, patents, trademarks, designs, databases, software codes, designs and models and circuit layouts, itself and reserve all rights not expressly granted to you.
1.2 Easy Planet, at its sole, absolute and exclusive discretion, may in future make available adaptations, improvements, revisions, bug fixes, or rewrites (hereinafter “Software Updates”) for your Software. The Software Updates, if any, may not necessarily include all existing Software features or new features that Easy Planet releases. The provisions of this Software License will govern any Software Updates provided by Easy Planet that replace and/or supplement the software code installed originally in the Software, unless such Software Update is accompanied by a separate license in which case the terms of that license shall prevail.
2. Permitted License Uses and Restrictions
2.1 Subject to you having legally downloaded, installed and activated and purchased the Software from Easy Planet or an officially authorized Easy Planet sales affiliate, and further subject to the terms and conditions of this Software License, you are granted a limited, non-transferrable, non-exclusive license to use the Software on a single Smartphone. Except as permitted in Section 2.2 hereinafter, and unless as provided in a separate agreement between you and Easy Planet, this Software License does not allow the Software to exist on more than 1 (one) device at any 1 (one) time, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. This Software License does not grant you any rights to use Intellectual Property of Easy Planet in the design, development, manufacture, licensing, sale or distribution of third party devices and accessories, or third party software applications.
2.2 Subject to the terms and conditions of this Software License, you are granted a limited, non-exclusive license to download Software Updates that may be made available by Easy Planet for your device or computer to update or restore the Software on any such device or computer that you own or have the right to control. This Software License does not allow you to update or restore any software that you do not have the right to control or own, and you may not distribute or make the Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download a Software Update to your Smartphone or computer, you may make 1 (one) copy of the Software Updates stored on your mobile device or computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.
2.3 YOU SHALL NOT AND ARE HEREBY EXPRESSLY FORBIDDEN FROM, UNDER PAIN OF ACTION BEING TAKEN AGAINST YOU BY EASY PLANET TO THE FULLEST EXTENT AVAILABLE UNDER THE LAW, AND YOU AGREE NOT TO OR NOT ATTEMPT TO OR ENABLE OTHERS TO, copy (except as expressly permitted by this Software License), decompile, reverse engineer, disassemble, attempt to derive the source code of or reduce to any human readable form, decrypt, modify, or create derivative works of the Software or any services provided by the Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).
2.4 Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to and over any such content belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except insofar as otherwise provided herein, this Software License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
2.5 You agree to use the Software in compliance with all applicable laws, including local laws of the country or region in which you usually reside or in which you download, install (in the event that you activate the Software in a country that is different from the one in which you downloaded the Software, you will be subject to the law that applied at the time of download at that time and subject to the law of the country that applied at time of activation, if different) or use the Software. Features of the Software may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi or cellular data connection is required for use of the Software.
2.6 Use of the Software requires a unique user name and password combination (hereinafter “User Account”), only in strict accordance with the Privacy Policy of Easy Planet. User Account is also required to access Software Updates and certain features of the Software. In addition, you acknowledge that many features and services of the Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges and that you shall have no absolutely claim against Easy Planet for the payment of any such charges.
2.7 If you choose to allow automatic Software Updates, your Smartphone will periodically contact Easy Planet for Software Updates, if 1 (one) is available, the Software Update will automatically download and install onto your Smartphone.


3. Transfer
YOU SHALL NOT AND ARE HEREBY EXPRESSLY FORBIDDEN FROM, UNDER PAIN OF ACTION BEING TAKEN AGAINST YOU BY EASY PLANET TO THE FULLEST EXTENT AVAILABLE UNDER THE LAW, AND YOU AGREE NOT TO OR NOT ATTEMPT TO RENT, LEASE, LEND, SELL, DISTRIBUTE, RESDISTRIBUTE, FOR GAIN MONETARY OR OTHERWISE, OR LICENSE OR SUB-LICENSE THE SOFTWARE.
4. Consent to Use of Data
4.1 Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that Easy Planet may collect, maintain, process and use diagnostic, technical, usage and related information (“Diagnostic and Usage Data”), including but not limited to unique system or hardware identifiers, information about your device, computer, system and application software, that is gathered periodically to provide and improve ezyCourier, facilitate the provision of Software Updates, and other services to you (if any) related to the Software, and to verify compliance with the conditions of this Software License. Easy Planet may use this information, for the purposes described above. Subject to the provisions of clause 4.2 hereinafter, use of ezyCourier requires the activation and continued use of Location Services while ordering and during your delivery, after which you may choose to turn off Location Services until you next wish to order a make a delivery order through ezyCourier. The location of your Smartphone or computer may also be sent to Easy Planet to help Easy Planet to improve the Software.
4.2 Location Data. Easy Planet will provide information through the Software on your Smartphone or computer that rely upon location information. To provide and improve these services, where available, Easy Planet may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your device or computer, location search queries, and location of where you purchase and activate the Software. The location data and queries collected may be used by Easy Planet and its partners and licensees to provide and improve location-based products and services. By using any location-based services on your Smartphone or computer, you herby agree and consent to Easy Planet and Easy Planet’s partners' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve the Software. You may withdraw this consent at any time by changing the settings on your Smartphone or computer or the settings in the Software itself. You should be aware however that in so doing you may disable vital components of the Software, without which the Software may not be able to function as specified and may not be able to receive Software Updates, in any such circumstance Easy Planet hereby disclaims any liability for the Software failing to function as expected, desired, specified, designed or warrantied.
5. Services and Third Party Materials
5.1 The Software requires Internet access and a User Account. By using this Software in connection with any third party content, services, products or materials (hereinafter “Third Party Services”) you agree to be bound by the applicable terms and conditions of Third Party Services for the country in which you access the Third Party Services.
5.2 You understand that by using any of the Third Party Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Third Party Services at your full, sole and absolute risk and that Easy Planet, Easy Planet’s affiliates, or licensors shall have no liability to you for content that may be found to be offensive, indecent, obscene, objectionable or violate any provisions of the T&Cs.
5.3 Third Party Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party apps or web sites. By using the Third Party Services, you acknowledge and agree that Easy Planet is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright or any other form of intellectual property rights compliance, legality, decency, quality or any other aspect of such Third Party Services, apps or web sites. Easy Planet, its officers, staff, affiliates and licensors do not warrant or endorse and do not assume and shall not have, and hereby disclaim and deny absolutely and to the fullest extent permissible by law, any liability to you or any other person for any Third Party Services.
5.4 Location data provided by any Third Party Services, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that, the results you receive from any such Third Party Service may vary from actual conditions and inaccuracy of data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety when using the navigation feature, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths.
5.5 To the extent that you upload any content through the use of ezyCourier and its Software, you represent that you own all rights in or to or over, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to Easy Planet or ezyCourier and its Software or Third Party Services. You agree that the Easy Planet Services, Third Party Services and Software contain proprietary content, information and material that is owned by Easy Planet, the website owner and/or their licensors, and is protected by applicable intellectual property and other laws. You agree that you will not use such Intellectual Property of Easy Planet or Third Party Services other than for uses permitted by Easy Planet or Third Party Services or Software or in any manner that is inconsistent with the terms of this Software License or that infringes any intellectual property rights of a third party or the Intellectual Property rights of Easy Planet. No portion of ezyCourier and its Software may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, whether for gain monetary or otherwise, license or sub-license, or create derivative works based on ezyCourier and its Software, in any manner, and you shall not exploit ezyCourier and its Software in any unauthorized manner whatsoever, including but not limited to, using ezyCourier and its Software to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use ezyCourier and its Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Easy Planet is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using ezyCourier. In addition, Third Party Services that may be accessed, linked to or displayed on the Software are not available in all languages or in all countries or regions. Easy Planet makes no representation that such Third Party Services are appropriate or available for use in any particular location. To the extent you choose to use or access such Third Party Services, you do so at your own initiative and risk and are responsible for compliance with any applicable laws, including but not limited to locally applicable laws and privacy and data collection laws. Easy Planet reserves the right to change, suspend, remove, or disable access to ezyCourier and its Software or Third Party Services at any time without notice. In no event shall Easy Planet be liable for the removal of or disabling of access to ezyCourier or Third Party Services. Easy Planet may also impose limits on the use of or access to ezyCourier and Third Party Services, in any event and without notice or liability to you.

6. Termination
6.1 This Software License is effective until terminated. Your rights under this Software License will determine automatically or otherwise cease to be effective without notice from Easy Planet if you fail to comply with any provisions of this Software License. Upon the termination of this Software License, you shall immediately discontinue use of the Software. In the event of termination the clauses of this Software License that are intended to survive termination shall survive.
7. Disclaimer of Warranties
7.1 NOTHING CONTAINED HEREIN CLAUSE 7 IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR COUNTRY OF RESIDENCE.  IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THIS CLAUSE 7 OR THIS SOFTWARE LICENSE MORE GENERALLY, YOUR RIGHTS UNDER LOCALLY APPLICABLE LAW SHALL PREVAIL.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED BY THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EASY PLANET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.4 EASY PLANET DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE SUPPORTED OR PROVIDED BY THE SOFTWARE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SOFTWARE OR SERVICES SUPPORTED OR PROVIDED BY THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AND IN ANY SUCH CIRCUMSTANCE EASY PLANET HEREBY DISCLAIMS AND DENIES FULLY AND ABSOLUTELY ANY LIABILITY.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
8. Limitation of Liability
8.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EASY PLANET OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE  SOFTWARE AND ANY SERVICES PROVIDED BY THE SOFTWARE OR ANY THIRD PARTY SERVICES AND SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE OR ANY SERVICES PROVIDED BY THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EASY PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Easy Planet’s total liability to you for all damages exceed the amount of HK$1000.00 (one thousand Hong Kong dollars only) or the equivalent value in the legal tender in the country in which you reside on the day when any such award is made. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Additional Provisions
9.1 Jurisdiction and Arbitration. You agree that any action at law or in equity arising out of or relating to this Software License or ezyCourier and its Software that is not subject to arbitration shall be filed, and that venue properly lies, only in the courts of Hong Kong and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. This Software License is governed by and construed in accordance with the laws of Hong Kong without giving effect to any conflict of law principles. Furthermore, you and Easy Planet agree to arbitrate all disputes between you and Easy Planet and its affiliates, except disputes relating to the enforcement of Easy Planet or its affiliates’ intellectual property rights.  “Dispute” includes any dispute, action or other controversy between you and Easy Planet concerning ezyCourier and its Software, or this Software License whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.  You and Easy Planet empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this Software License or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Software License is void or voidable. In the event of a dispute, you or Easy Planet must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to the address stated hereinbefore. Attention: Legal/Arbitration Notice. Easy Planet will send any notice of dispute to you at the contact information we have for you. You and Easy Planet will attempt to resolve a dispute through informal negotiation within 60 (sixty) calendar days from the date the notice of dispute is sent. After 60 (sixty) days, you or Easy Planet may commence arbitration. Any arbitration will take place before the Hong Kong Arbitration Tribunal, or if you are not able to attend hearings in Hong Kong, at an arbitration tribunal near your place of residence. If you and Easy Planet do not resolve a dispute by informal negotiation the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal in accordance with the law of Hong Kong or the law applicable in your usual place of residence in the country in which you reside. You and Easy Planet shall bear any and all legal costs that may be incurred in and associated with arbitration individually in full; and neither you nor Easy Planet may be entitled to any make any claim or have any right of action against the other for reimbursement of any legal costs so incurred.
9.2 Severability. If the existence or operation of this Software License should be called into question or doubt or any provision of this Software License should be judged unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision is to be deemed severable from this Software License and shall not affect the validity and enforceability of any remaining provisions.

9.3 No Waiver. No waiver of any right or provision of this Software License by you or Easy Planet shall be deemed a further or continuing waiver of any such right or provision or any other provision, and any failure to assert any right or provision under this Software License shall not constitute a waiver of such right or provision or the exercise of any such right or provision at any future time.
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