End User License Agreement
This End-User License Agreement (“EULA”) is a legal agreement between Quantum Inventions (“QI”) and the end-user (“User”) for the usage of QI’s servers, software, client applications, products, websites (collectively, “QI Services”) and all other related content and services essential and necessary for the provision and proper operation of QI Services whether provided by QI or other 3rd parties as the case may be.
By using or installing QI Services, the User acknowledges the terms of this EULA and further agrees to be legally bound by it. If the User does not agree to any of the terms in this EULA, the User may not install or use any of the QI Services.
1. GRANT OF LICENSE
QI grants the User the following rights and privileges under this EULA.
2.1 Acceptable Use. The User may install, use, and/or otherwise access QI Services from the Mobile, Web, Personal Navigation Devices (“PND”) and In-dash Navigation Systems solely for personal and noncommercial use.
2.2 Access of Service. The User may access the QI Services from any combination of the available platforms of which the QI Services are available.
2.3 No Reselling Rights. The User is explicitly prohibited from distributing, reselling or copying any part of QI Services unless otherwise authorized by an authorized agent of QI.
2.4 No Modifications. The User is explicitly prohibited from any attempts to reverse engineer, modify, hack, recreate, decompile or disassemble any part of the QI Services.2.5 No Copyrights. Copyrights and Data within QI Services remain the intellectual property of QI and relevant 3rd party providers and are protected by copyrights and other intellectual property laws and treaties. The User shall not, by any means, copy the data or content provided within QI Services for any purposes including but not limited to reselling, modification, research or not-for-profit purposes unless with explicit written permission from QI or QI’s 3rd party providers. 2.6 No Automated Access. The User shall not use any type of spiders, web crawlers, bots, automatic indexers, web robots, scripts or any other form of automated technology to access any of the QI Services. 2.7 All Other Uses Prohibited. Any other use of QI Services not explicitly stated in this Clause 2 is expressly prohibited unless with the prior written agreement from QI.
3. RESERVATION OF RIGHTS AND OWNERSHIP
3.1 No Assignment of Rights. QI reserves all rights not expressly granted to the User in this EULA. QI Services are protected by copyright and other intellectual property laws and treaties. Nothing in this EULA shall be deemed as any assignment of rights to any User or any other parties.3.2 No Assignment of Rights from 3rd Party Providers. QI’s suppliers and 3rd Party Providers own the title, copyright, and other intellectual property rights to their own services, trademarks, logos, content, product within the QI Services and nothing in this EULA shall be deemed as assignment of any rights to any User or any other parties.
QI Services are provided to users on an AS-IS basis and QI makes no warranties whatsoever of any kind in any form as to quality, accuracy, availability or any other measure of the service. The User agrees not to hold liable QI and its employees in the event of any loss resulting from the use of QI Services.
4.1 Availability of QI Services. QI expresses no warranties on the service level of availability of any of QI Services. Moreover, decreases in the level of availability arising from, but not limited to handset malfunction, outages from network service providers, lack of network coverage, server crashes or any other third party dependencies shall not be construed as the failure of QI and QI shall not be held liable for any of such claims, compensations, damages (consequential, direct or indirect) which may be sustained or incurred or suffered from such failures.
4.2 Compatibility. While QI takes every measure possible to ensure that QI Services is compatible with as many versions of the relevant mobile Operating Systems, firmware versions, mobile browsers and web browsers, QI expresses no warranties regarding the compatibility of any QI Services on any of the respective mobile Operating Systems, firmware versions, mobile browsers and web browsers, or any forward or backward compatibility whatsoever.
4.3 Fitness for Purpose. QI expresses no warranty, implied or explicit regarding the suitability of use of any of QI Services for any purposes.
QI reserves the rights to push third party advertisements to users of QI Services through any of the supported platforms of which the QI Services are made available on.
5.1 Quality of Advertisements. QI expresses no warranties regarding the accuracy, relevancy or dependability of the third party advertisements displayed within the application. Users agree not to hold QI liable to the quality of the advertisements.
5.2 Quality of Advertisers Products or Services. QI expresses no warranties regarding the quality of the products or services advertised on QI Services. Users agree not to hold QI accountable to the claims, promises, or any other form of description made by said advertisers of their products or services.
5.3 Rights of Advertisers. All trademarks, copyright, designs and other intellectual property comprised in the 3rd party advertisements belong to the respective advertisers. No use and reproduction of any part of the same in any manner is allowed without the Advertiser’s prior explicit consent.
QI implements various tracking features to collect information regarding the User’s activity or usage of QI Services. Such tracking may include, but are not limited to the tracking of user’s position, search history, user profile and any other activity within the QI Services. QI will use these information for purposes such as data mining, user profiling, advertising, to improve the Quality of Service (QoS) for QI Services and any other purposes as deemed necessary or important by QI. However, QI will not resell, offer, nor make available in any means to any 3rd parties, any personally identifiable information without the prior written consent of the User.
7. THIRD PARTY RIGHTS, TERMS AND POLICIES
QI leverages upon several 3rd Party Providers in the provision of QI Services to Users. By using QI Services, the User agrees to be bound by the terms and conditions of these third parties. Notwithstanding anything to the contrary in the foregoing, all data, services or content provided by these 3rd Party Providers to the User, through QI’s Services are provided on an AS-IS basis and the 3rd Party Providers make no warranties whatsoever of any kind in any form as to the quality, accuracy, availability, fitness for purpose, or any other measure of the data, services or content and the User further agrees not to hold liable any of these 3rd Party Providers for any loss resulting from the use of QI Services.
Data and all other information provided or submitted by the user through the usage of QI Services or via any forms of communication with QI constitute user information (User Information). QI treats User Information which by its very nature is sensitive, in the strictest confidence. For the avoidance of doubt, any personal data as defined in the Personal Data Protection Act 2010 (PDPA) that is provided to QI in the User’s regular use of QI Services, shall also constitute User Information. In the treatment of User Information, QI will at all times comply with PDPA and the principles set out therein.
Users agree that QI and/or its affiliates may collect and use such User information including but not limited to the user’s Name, Age, Gender, and location gathered from QI Services to profile users as part of QI’s ongoing measures to provide better and more relevant services including but not limited to advertising, R&D, data mining and user profiling.
QI will not use this User Information to personally identify the user. However, QI may share aggregated User Information that is not personally identifiable with partners, governmental organizations, clients, other users of QI Services and the general public.
QI will not resell nor provide personally identifiable User Information to third parties without the written consent of the user, unless required by statutory requirements, regulatory requirements or through a discovery process in legal proceedings initiated in a court of competent jurisdiction.
9. TERMINATIONWithout prejudice to any other rights or any of the foregoing, QI may at its own discretion terminate this EULA for any reasons including but not limited to the User’s failure to comply with the terms and conditions of this EULA or any of the 3rd parties terms and conditions. As such, QI may remove, block or otherwise stop access to any or all of the QI Services for the User and the User must remove all instances of QI Services on all devices and platforms that the User is in possession of.
Additionally, QI may at its own discretion, stop the provisioning of part or all of the QI Services without giving any prior notice to the User. At such the onset of such an event, this EULA would be terminated with immediate effect and deemed NULL and VOID. The User agrees not to hold QI or any of QI’s agents, officers, affiliates, subsidiaries or parent companies, responsible or liable for any damages or compensation that may result from QI’s termination of part or all of the QI Services or this EULA.
10. LIMITATION OF LIABILITY AND INDEMNITY
Except as expressly stated herein, (a)QI grants no other warranties relating to the provision of the QI Services and all other conditions, warranties, stipulations or other statements whatsoever, whether express or implied, by statute at common law or otherwise howsoever, relating to the application, are hereby excluded: in particular (but without limitation to the foregoing), QI grants no warranties regarding the fitness for purpose, accuracy of the data or performance that may be provided hereunder, whether express or implied, by statute at common law or otherwise howsoever; and (b) no claims shall be made against QI in respect of any inaccuracy of the data, usability of QI Services, availability of QI Services or any other forms or for any other reasons not stated herewith. QI shall not be subjected to any liability for any costs, expenses or claims, damages or losses to the User or any other third parties resulting from any reason or cause howsoever and whatsoever arising from the use of the QI Services under this EULA.
11. AMENDMENTS TO EULA
QI reserves the right and without notice to impose such further terms and conditions and changes to this EULA as it may in its discretion deem fit. The User’s continued use of QI’s Services shall be deemed as acceptance of the amendments or changes. Any amendments or changes to the EULA will be updated to the copy available at http://cms.quantuminventions.com/eula and this copy is the sole and authoritative source of the EULA. In the case of any discrepancies or inconsistencies between any versions of QI’s EULA found at any other place whether in a digital or physical format, the EULA at http://cms.quantuminventions.com/eula shall prevail in favor of QI.
The User is advised to review the EULA periodically.
12. ENTIRE AGREEMENT
This Agreement is an entire agreement and supersedes any conditions, warranties, representations expressed or implied not contained herein. The terms and conditions stated in this EULA are final and conclusive. If any clause herein shall be found by any Court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall be removed but shall not affect the other provisions of this EULA which shall remain in full force and effect.
13. APPLICABLE LAW
This EULA is governed and construed in accordance with the laws of the Republic of Singapore and both QI and the User hereby agree to submit to the exclusive jurisdiction of the Singapore Courts.