END-USER LICENSE AGREEMENT (EULA) FOR THE PUNDI XPOS AND RELATED SOFTWARE
This End-User License Agreement ("EULA") is a legal agreement between you and Pundi X Labs Pte Ltd.
This EULA agreement governs your acquisition and use of our point-of-sales device (“Pundi XPOS”), and related software and firmware (herein referred to together as "Software") directly from Pundi X Labs Pte Ltd or indirectly through a Pundi X Labs Pte Ltd authorized reseller or distributor ("Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Pundi XPOS and related Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
If you register for a free trial of the Pundi XPOS and related Software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Pundi XPOS and related Software, you are confirming your acceptance of and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not use the Pundi XPOS or install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Pundi X Labs Pte Ltd herewith regardless of whether other software is referred to or described herein. The terms also apply to any Pundi X Labs Pte Ltd updates, supplements, Internet-based services, and support services for the XPOS and Software, unless other terms accompany those items on delivery. If so, those terms apply.
Pundi X Labs Pte Ltd hereby grants you a personal, non-transferable, non-exclusive licence to use the Software on your Pundi XPOS in accordance with the terms of this EULA agreement.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;
- Allow any third party to use the Software on behalf of or for the benefit of any third party;
- Use the Software in any way which breaches any applicable local, national or international law; or
- Use the Software for any purpose that Pundi X Labs Pte Ltd considers is a breach of this EULA agreement.
Intellectual Property and Ownership
Pundi X Labs Pte Ltd shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you, including updates, supplements, Internet-based services, and support services for the Software. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Pundi X Labs Pte Ltd.
Pundi X Labs Pte Ltd reserves the right to grant licences to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Pundi X Labs Pte Ltd.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
In no event shall Pundi X Labs Pte Ltd, nor its affiliates, nor its suppliers be liable for any coincidental, special, consequential, or indirect damages of all kinds (including without limitation damages for lost profits, the interruption of business or data required for the conduct of business or the like) regardless of the form of action, whether in contract, tort (including without limitation negligence), product liability, or other theory, even if advised of the possibility of such damages. In no event will the cumulative liability of Pundi X Labs Pte Ltd arising out of or related to this agreement exceed the amount you have paid to Pundi X Labs Pte Ltd. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing exclusion and limitation may not apply to you. This limitation of liability will apply notwithstanding the failure of the essential purpose of any limited remedy set forth herein. This limitation of liability is a fundamental element of the basis of the bargain between you and Pundi X Labs Pte Ltd. Pundi X Labs Pte Ltd would not provide the Software to you without such limitation.
The Software may be extended to include additional services and applications for the XPOS. Various additional services may be offered at a cost where available via or as integrated into the Software (“Services”). By using any of the Services, you agree to the terms of services outlined (“Terms of Service”) that will be provided if and when the Services are offered. Pundi X Labs Pte Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Pundi X Labs Pte Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Singapore.