EULA for mobile application

End User License Agreement (EULA)

IMPORTANT – READ CAREFULLY: This End User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Eklipse (hereinafter referred to as “Licensor” or “Eklipse”) for the use of Eklipse software, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (the “Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.

License Grant

Subject to the terms and conditions of this EULA, Licensor hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your personal use.

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 into 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;
Use the Software for any purpose that Eklipse considers a breach of this EULA agreement.
Ownership
The Software and any intellectual property rights associated with it are the sole property of Eklipse. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Eklipse retains all rights, title, and interest in and to the Software, including all intellectual property rights therein. This EULA does not convey to you any rights of ownership in or related to the Software.

Intellectual Property and Ownership

Eklipse shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. 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 Eklipse.

Eklipse reserves the right to grant licenses to use the Software to third parties.

Term and Termination

This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software in your possession. This EULA will terminate immediately if you fail to comply with any of its terms or conditions. Upon termination of this EULA, you must cease all use of the Software and destroy all copies of the Software in your possession.

Restrictions

Users are not allowed 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 into any other software, nor decompile, disassemble, or reverse engineer the Software or attempt to do any such things. Reproduction, copying, distribution, reselling, or otherwise using the Software for any commercial purpose is strictly prohibited.

Any use of the Software in a way that breaches any applicable local, national, or international law is not allowed. Eklipse may terminate this agreement immediately if the user fails to comply with any of the terms or conditions.

Support and Maintenance

Eklipse may provide support and maintenance services for the Software at its sole discretion. Eklipse is not obligated to provide any support or maintenance services for the Software.

Payment and Fees

Certain services are paid services. This section explains how we handle payments for those paid services. For certain paid services, such as domain registrations and subscriptions, we will automatically charge you periodically (such as monthly or annually) unless you cancel your subscription. You can cancel your subscription at any time through your account payment settings; Log in to your Account > Account Settings> Premium Plan> Cancel. If you need assistance with canceling your subscription, please contact our customer support team via email at [email protected] and they will guide you through the process. Please note that canceling your subscription will not result in a refund of any fees already paid.

Miscellaneous Provisions

This agreement is governed by and construed in accordance with the laws of Singapore.

Any dispute arising out of or in connection with this agreement shall be resolved by arbitration in Singapore.

The award of the arbitral tribunal shall be final and binding upon the parties.

Eklipse reserves the right to grant licenses to use the Software to third parties.

Warranty Disclaimer

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Eklipse OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF Eklipse OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

This EULA shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice of law or conflict of law provisions.

Any dispute arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English.

The parties agree that the award of the arbitral tribunal shall be final and binding upon them. Judgment upon the award may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, either party may seek interim relief or injunctive relief from any court of competent jurisdiction in Singapore.