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Terms and Conditions

END-USER LICENSE AGREEMENT FOR YOCARD IMPORTANT. PLEASE, READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: yoCard’s Ltd End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and yoCard Ltd (yoCard™) for the yoCard’s™ software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and yoCard™, (referred to as "licenser"), and it supersedes any prior proposal, representation or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. DESCRIPTION OF SOFTWARE
yoCard provides mobile application designed to receive and carry on virtual cards as (but not limited to) discount, membership and others that can be used in point of sales in the same way as plastic discount cards are usually used.
(a) Third Party Software
yoCard™ SOFTWARE PRODUCT may include software under license from third parties (“Third Party Software” and “Third Party License”). Any Third Party Software is licensed to you subject to the terms and conditions of the corresponding Third Party License. Please contact yoCard™ support if you cannot find a Third Party License.

2. GRANT OF LICENSE.

The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
yoCard™ grants you the right to install and use copies of the SOFTWARE PRODUCT on your mobile device running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., iOS 6.0 or any other, Android™ ].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
You agree that SOFTWARE PRODUCT contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the SOFTWARE PRODUCT. No portion of the SOFTWARE PRODUCT may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the SOFTWARE PRODUCT, in any manner, and You shall not exploit the SOFTWARE PRODUCT in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the SOFTWARE PRODUCT in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that yoCard™ is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of SOFTWARE PRODUCT.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may distribute copies of the SOFTWARE PRODUCT to third parties. Versions available for download from official web site www.yocard.com, AppStore and/or Android Market may be freely distributed.  Distribution in binary form must reproduce the above copyright notice, disclaimer, and this list of conditions in the documentation and/or other materials with the distribution.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
yoCard™ 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.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(g) Reference.
All advertising materials mentioning features or use of this software must always display the following acknowledgement and refer to www.yocard.com

4. TERMINATION
Without prejudice to any other rights, yoCard™ may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

5. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by yoCard™. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by yoCard™.

6. PROPRIETARY RIGHTS.
All intellectual property rights in the Software and User Documentation are owned by yoCard™ or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the SOFTWARE PRODUCT.

7. CONSENT TO USE OF DATA
(a) Data usage
yoCard™ and its affiliates may collect and use technical information you provide in relation to (i) your Use of the Software or the yoCard™ SOFTWARE PRODUCT, or (ii) the provision of support services related to the SOFTWARE PRODUCT or the yoCard™ SOFTWARE PRODUCT. All such information will be subject to yoCard’s™ privacy policy. yoCard’s™ will not use such information in a form that personally identifies you except to the extent necessary to enhance your Use or provide support services.
(b) Content and Information accuracy
You understand that by using SOFTWARE PRODUCT, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain INFORMATION may display, include or make available content, data, information, applications or materials from PUBLISHERS or provide links to certain third party web sites. By using the SOFTWARE PRODUCT, You acknowledge and agree that the yoCard™ is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such PUBLISHERS Materials or web sites. yoCard™ does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any PUBLISHER Services, PUBLISHER Materials or web sites, or for any other materials, products, or services of PUBLISHERS. PUBLISHER Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any PUBLISHER is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the SOFTWARE PRODUCT, You should consult with a financial professional. Location data provided by any SOFTWARE PRODUCT is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the yoCard™, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed SOFTWARE PRODUCT.
(c) Personal data sharing
Downloading any content by using SOFTWARE PRODUCT published by third party publisher (PUBLISHER), you allow PUBLISHER to use the any information shared by you in the application, as, but not limited to, registration information, content usage information, what may include data related to your geographical location, mobile device model, operation system versions in any way applicable with relevant laws.
In no event shall yoCard™ be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out by sharing information with PUBLISHERs, even if yoCard™ has been advised of the possibility of such damages. In no event will yoCard™ be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise.

8. NO WARRANTIES
yoCard™ expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. yoCard™ does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. yoCard™ makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. yoCard™ further expressly disclaims any warranty or representation to Authorized Users or to any third party.

9. LIMITATION OF LIABILITY
In no event shall yoCard™ be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if yoCard™ has been advised of the possibility of such damages. In no event will yoCard™ be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. yoCard™ shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, and loss of privacy, moral rights or the disclosure of confidential information.

10. COMPLIANCE WITH EXPORT LAWS
You will comply with all laws, rules, and regulations (i) applicable to the export or import of the Software, or (ii) restricting the Use of the SOFTWARE PRODUCT, including any restrictions on nuclear, chemical, or biological weapons proliferation.