USER PRIVACY STATEMENT AND END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Uphardigital(“Software”) containing this software, you agree that this End User 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.
Unless you have a different license agreement signed by Uphardigital your use of Uphardigital indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Uphardigital grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Uphardigital in accordance with this Agreement and any other written agreement with Uphardigital. Uphardigital does not transfer the title of Uphardigital to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Uphardigital and the purchasers or users of Uphardigital.
If you do not agree to be bound by this agreement, remove Uphardigital from your computer now and, if applicable, promptly return to Uphardigital by mail any copies of Uphardigital and related documentation and packaging in your possession.
Uphardigital 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. For information about redistribution of Uphardigital contact Uphardigital.
Your license to use Uphardigital is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Uphardigital.
You shall use Uphardigital in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Uphardigital together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Uphardigital may be used on one single computer location by one user. Use of Uphardigital means that you have loaded, installed, or run Uphardigital on a computer or similar device. If you install Uphardigital onto a multi-user platform, server or network, each and every individual user of Uphardigital must be licensed separately.
You may make one copy of Uphardigital for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Uphardigital . The assignment, sublicense, networking, sale, or distribution of copies of Uphardigital are strictly forbidden without the prior written consent of Uphardigital. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Uphardigital. If any person other than yourself uses Uphardigital registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
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 Uphardigital. Nor can you create any derivative works or other works that are based upon or derived from Uphardigital in whole or in part.
You will indemnify, hold harmless, and defend Uphardigital , 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 Uphardigital’s Software.
In no event (including, without limitation, in the event of negligence) will Uphardigital , 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, Uphardigital or the use or inability to use Uphardigital or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Uphardigital’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Uphardigital ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Uphardigital.
Except as expressly stated in writing, Uphardigital 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.
This Agreement shall be governed by the law of the India applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of India 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.
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 Uphardigital and destroy all copies of Uphardigital supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
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 Uphardigital AS WELL.
You agree that Uphardigital may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Uphardigital.Uphardigital may also use this information to provide notices to you which may be of use or interest to you.
We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information you choose to provide.
If you permit the Free Recharge app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and verions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
Our Services facilitate communications between Users and recharge offers. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message.
We will not going to share information collected about you to any thirdparty vendor or company. It will be used to ortimize communication with you.