This End-User License Agreement (“EULA”) is between Panda Technology Holdings Limited and any of its subsidiaries and/ or affiliates, (“Panda”) and you, the end-user (“User”) of the Panda Platform, including the Panda mobile application and the Panda Insights Portal, as well as any associated software components, media, printed materials and “online” or electronic documentation (collectively referred to as the “Software Product”).
The User acknowledges that by downloading, installing, or using the Software Product, they agree to be bound by the terms and conditions of this EULA.
- License Grant. Panda grants the User a limited, non-exclusive, non-transferable license to use the Software Product. The User may not modify, reverse-engineer, decompile, or create derivative works based on the Software Product.
- Support Services. Panda may provide you with support services related to the Software Product ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.
- Data Collection and Privacy. The User acknowledges that the Software Product may collect certain data, including but not limited to, User’s personal information, usage data, and location data. Panda will use such data in accordance with its Privacy Policy. The governing privacy policy and acceptable use policy applicable between the parties are available on Panda’s website and mobile application from time to time. These policies are subject to change as described therein. By accessing, using, and providing information to or through the Software and Services, you acknowledge that you have reviewed and accepted our policies, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our policies.
- Business Offering. The Panda Insights Portal is an additional offering to businesses, which may be subject to separate terms and conditions and fees. By using the Panda Insights Portal, the User represents and warrants that they have the authority to bind the business to these terms and conditions.
- Warranties. Panda warrants that it has the right to grant the license set forth in this EULA and that the Software Product will perform substantially in accordance with its documentation. The User agrees that the entire risk as to the quality and performance of the Software Product is borne by the User.
- Disclaimer of Warranties. THE SOFTWARE PRODUCT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SOFTWARE PRODUCT, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE USER AND THE RESULTS OBTAINED THROUGH THE SOFTWARE PRODUCT. SPECIFICALLY, PANDA DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND 2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PANDA BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SOFTWARE PRODUCT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOFTWARE PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SOFTWARE PRODUCT OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
- Availability. If access to the Services is temporarily unavailable due to suspension, interruption, or a technical issue, Panda will strive to restore access. However, Panda will have no liability to you for the unavailability of the Services at any time. You acknowledge that the Software Product has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software Product meet your requirements.
- Intellectual property rights. You acknowledge that all intellectual property rights in the Software Product belong to Panda, that rights in the Software Product are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software Product other than the right to use the Software Product in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the Software Product in source code form other than as expressly provided in this Licence.
- Modification. You acknowledge and agree that we have the right, in our sole discretion, to modify this EULA from time to time, and that modified terms become effective on posting. You will be notified of modifications through online notifications or direct email communication from us. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Software and Services after the effective date of the modifications will be deemed acceptance of the modified terms.
- Termination. We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so. Upon termination for any reason: all rights granted to you under this Licence shall cease; you must cease all activities authorised by this Licence; and you must immediately delete or remove the Software from all computer and mobile equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so. You may also terminate this EULA at any time by removing the Software from your system and destroying all copies of the Software on your hard drive(s) and other storage media.
- Governing law. To the extent permitted by applicable local laws and regulations, any disputes that may arise concerning the App and/or the Services and the information contained herein shall be governed by the laws of England and Wales. All proceedings, which may arise out of, or in connection with, this App and/or the Services shall be resolved by final and binding arbitration in London in accordance with the rules of the International Court of Arbitration of the International Chamber of Commerce ("Rules"). One or more arbitrators shall be appointed in accordance with the Rules.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “OK” BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY AND IRREVOCABLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS EULA.