HUA LAMPONG SOFTWARE LICENSE TERMS
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BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS OF THIS AGREEMENT. BY DOWNLOADING THE SOFTWARE AND CLICKING ON THE "I AGREE" BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "DECLINE" BUTTON. IF YOU DO NOT AGREE, PLEASE DESTROY OR DELETE ALL COPIES IN YOUR POSSESSION.
These license terms are an agreement between you and
· the mobile phone manufacturer that distributes the software with the mobile phone, or
· the software installer that distributes the software with the mobile phone.
Please read them. They apply to the software named above, which includes the media on which you received it, if any. Printed-paper license terms, which may come with the software take the place of any on-screen license terms. These terms also apply to any Hua Lampong
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those other terms apply.
If you obtain updates or supplements directly from Hua Lampong, Hua Lampong, and not the manufacturer or installer, licenses those to you.
By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, contact the manufacturer or installer to determine its return policy. You must comply with that policy, which might limit your rights or require you to return the entire system on which the software is installed.
As described below, using the software also operates as your consent to the transmission of certain system information during activation, validation and for Internet-based services.
If you comply with these license terms, you have the rights below for each license you acquire.
1. OVERVIEW. The software is licensed on a per copy per mobile phone basis. A mobile phone is a physical hardware system with an internal storage device capable of running the software.
2. INSTALLATION AND USE RIGHTS.
a. One Copy per Mobile Phone. The software license is permanently assigned to the mobile phone with which the software is distributed. That mobile phone is the "licensed mobile phone."
b. Number of Users. Unless otherwise provided in these license terms, only one user may use the software at a time on the licensed mobile phone.
c. Alternative Versions. The software may include more than one version. You may use only one version at one time. If the manufacturer or installer provides you with more than one language version, you may use only one language version at one time.
3. ACTIVATION.
The software may require activation. Activation associates the use of the software with a specific mobile phone. During activation, the software will send information about the software and the mobile phone to Hua Lampong. This information includes the version, language and product key of the software, the Internet protocol address of the mobile phone, and information derived from the hardware configuration of the mobile phone. By using the software, you consent to the transmission of this information. If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. Unless the software is activated, you have no right to use the software after the time permitted for activation. This is to prevent its unlicensed use. You are not permitted to bypass or circumvent activation. If the mobile phone is connected to the Internet, the software may automatically connect to Hua Lampong for activation, Internet and telephone service charges may apply. The software will remind you to activate it until you do.
4. VALIDATION.
a.Validation verifies that the software has been activated and is properly licensed. It also verifies that no unauthorized changes have been made to the validation, licensing, or activation functions of the software. Validation may also check for certain malicious or unauthorized software related to such unauthorized changes. A validation check confirming that you are properly licensed permits you to continue to use the software, certain features of the software or to obtain additional benefits. You are not permitted to circumvent validation. This is to prevent unlicensed use of the software.
b.The software will from time to time perform a validation check of the software. The check may be initiated by the software or Hua Lampong. To enable the activation function and validation checks, the software may from time to time require updates or additional downloads of the validation, licensing or activation functions of the software. The updates or downloads are required for the proper functioning of the software and may be downloaded and installed without further notice to you. During or after a validation check, the software may send information about the software, the mobile phone and the results of the validation check to Hua Lampong. This information includes, for example, the version and product key of the software, any unauthorized changes made to the validation, licensing or activation functions of the software, any related malicious or unauthorized software found and the Internet protocol address of the mobile phone. Hua Lampong does not use the information to identify or contact you. By using the software, you consent to the transmission of this information.
c.If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non-genuine Hua Lampong product, or if it includes unauthorized changes, then the functionality and experience of using the software will be affected. For example:
Hua Lampong may
· repair the software, and remove, quarantine or disable any unauthorized changes that may interfere with the proper use of the software, including circumvention of the activation or validation functions of the software; or
· check and remove malicious or unauthorized software known to be related to such unauthorized changes; or
· provide notice that the software is improperly licensed or a non-genuine Hua Lampong product;
and you may
· receive reminders to obtain a properly licensed copy of the software; or
· need to follow Hua Lampong's instructions to be licensed to use the software and reactivate;
and you may not be able to
· use or continue to use the software or some of the features of the software; or
· obtain certain updates or upgrades from Hua Lampong.
d.You may only obtain updates or upgrades for the software from Hua Lampong or authorized sources.
5. INTERNET-BASED SERVICES. Hua Lampong provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below connect to Hua Lampong or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. By using these features, you consent to the transmission of the information described below. Hua Lampong does not use the information to identify or contact you.
Mobile Phone Information. The following features use Internet protocols, which send to the appropriate systems information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the mobile phone where you installed the software. Hua Lampong uses this information to make the Internet-based services available to you.
· Software Update. To enable the proper functioning of the Hua Lampong Update service in the software (if you use it), updates or downloads to the Hua Lampong Update service will be required from time to time and downloaded and installed without further notice to you.
· Web Content Features. Features in the software can retrieve related content from Internet and/or Hua Lampong and provide it to you. Examples of these features are RSS Feeds, Website contents, XMLs, Images, Videos, Audios, Movie Feeds, Movie Information, Movie Clips, Showtime Feeds, Cinema Informations, Promotion & Advertisements, Google Translate service, Google Dictionary service, Wikipedia and Wiktionary contents, Maps, Social Services including but not limited to TaxiSafe™, Twitter™, Facebook™
· Network Awareness. This feature determines whether a system is connected to a network by either passive monitoring of network traffic or active DNS or HTTP queries. The query only transfers standard TCP/IP or DNS information for routing purposes.
b. Use of Information. Hua Lampong may use the Mobile Phone information, usage information, and error reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Hua Lampong software.
c. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else's use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. The manufacturer or installer and Hua Lampong reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· use components of the software to run applications not running on the software;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy; or
· rent, lease or lend the software.
7. BACKUP COPY. You may not make any backup copy of the software.
8. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from.
9. TRANSFER TO A THIRD PARTY. You may not transfer the software to any third party.
10. THIRD PARTY PROGRAMS. The software may contains third party programs. The license terms with those programs apply to your use of them.
11. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
12. SUPPORT SERVICES. For the software generally, contact the manufacturer or installer for support options. For updates and supplements obtained directly from Hua Lampong, Hua Lampong provides support as described at http://apps.hlpth.com/support
13. ENTIRE AGREEMENT. This agreement, additional terms (including any printed-paper license terms that accompany the software and may modify or replace some or all of these terms), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
14. APPLICABLE LAW.This agreement is governs by the law of Kingdom of Thailand, and applies to claims for breach of it, regardless of conflict of laws principles.
15. LIMITATION ON AND EXCLUSION OF DAMAGES. Except for any refund the manufacturer or installer may provide, you cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
· repair, replacement or a refund for the software does not fully compensate you for any losses; or
· Hua Lampong knew or should have known about the possibility of the damages.