End-User License Agreement for “Real Protection” WARNING
Real Smart use of information received from Client data APIs will adhere to Google API Services User Data Policy, YouTube Terms of Service (ToS) including the Limited Use requirements. For more information, please see our Privacy Policy for details on how we keep your account and all of its data private. Please direct any questions to our support team, developer@realsmart.co.th
1. Grant of License for Personal Use Real Smart Co.,Ltd,.
("Real Protection") grants you a non-exclusive, non-sublicense, non-transferable license to use the program with which this license is distributed (the "Software"), including any documentation files accompanying the Software ("Documentation"), for internal business use only, for up to the number of users specified in sales order and invoice. You have the right to make one backup copy of the Software and Documentation solely for archival, back-up or disaster recovery purposes. You shall not exceed the scope of the license granted hereunder. Any rights not expressly granted by Real PR to you are reserved by Real PR, and all implied licenses are disclaimed.
2. Ownership.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Real PR. Any other use of the Software by any other entity is strictly forbidden and is a violation of this License Agreement.
3.Copyright.
The Software and Documentation contain material that is protected by international copyright law, trade secret law, international treaty provisions, and the applicable national laws of each respective country. All rights not granted to you herein are expressly reserved by Real PR. You may not remove any proprietary notice of Real PR or any of its licensors from any copy of the Software or Documentation.
4. Restrictions.
You may not publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, or create derivative works of the Software, or any part thereof. You may not assign, sublicense, convey or otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder with respect to the Software. Real PR is not obligated to provide any maintenance, technical or other support for the resultant modified Software. You may not copy, reverse engineer, decompile, reverse compile, translate, adapt, or disassemble the Software, or any part thereof, nor shall you attempt to create the source code from the object code for the Software. Except as and only to the extent expressly permitted in this License, you may not market, co-brand, and private label or otherwise permit third parties to link to the Software, or any part thereof. You may not use the Software, or any part thereof, in the operation of a service bureau or for the benefit of any other person or entity. You may not cause, assist or permit any third party to do any of the foregoing. Portions of the Software utilize or include third party software and other copyright material. Acknowledgements, licensing terms and disclaimers for such material are contained in the License Notice as below for the third party software, and your use of such material is exclusively governed by their respective terms. Real PR has provided, as part of the Software package, access to certain third party software as a convenience. To the extent that the Software contains third party software, Real PR has no express or implied obligation to provide any technical or other support for such software other than compliance with the applicable license terms of such third party, and makes no warranty (express, implied or statutory) whatsoever with respect thereto. Please contact the appropriate software vendor or manufacturer directly for technical support and customer service related to its software and products.
5. Confidentiality.
You acknowledge that the Software contains proprietary trade secrets of Real PR and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software for the purpose of deriving the source code of the Software.
6. No Warranty.
No Warranty THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Real PR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Real PR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. IF THIS EXCLUSION IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN ALL EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.
7. Limitation of Liability.
Limitation of Liability IN NO EVENT WILL Real PR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF Real PR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Real PR's TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT SHALL IN NO EVENT EXCEED THE PRODUCT’S PRICE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Export Restrictions.
Export Restrictions THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY APPLICABLE LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT COMPLYING WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. YOU AGREE TO INDEMNIFY Real Protection AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, TO THE EXTENT SUCH CLAIMS ARISE OUT OF ANY BREACH OF THIS SECTION 8.
9. The rights of Users.
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above. This Application does not support “Do Not Track” requests. To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.
10. Audit.
Audit Rights Real PR SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE PRIOR NOTICE, TO PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO ENSURE YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
11. Termination This License Agreement is effective until it is terminated.
You may terminate this License Agreement at any time by destroying or returning to Real PR all copies of the Software and Documentation in your possession or under your control. Real PR may terminate this License Agreement for any reason, including, but not limited to, if Real PR finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Real PR all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
12. General.
This License Agreement shall be construed, interpreted and governed by the laws of Republic of China without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court or Commercial Arbitration Association sitting in ROC, Taiwan if the parties agree to a binding arbitration. This License Agreement shall constitute the entire Agreement between the parties hereto. This License Agreement, the rights granted hereunder, the Software and Documentation shall not be assigned by you without the prior written consent of Real PR. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.
NOTE:
Some components of this product incorporate free software programs covered under the open source code licenses which allows you to freely copy, modify and redistribute the software. For at least three (3) years from the date of distribution of the applicable product or software, we will give to anyone who contacts us at the Real PR Technical Support (support@Real Protection.com.tw), for a charge of no more than our cost of physically performing source code distribution, a complete machine-readable copy of the complete corresponding source code for the version of the Programs that we distributed to you if we are in possession of such.
Real PR Notice and Conditions Real PR (the “Company”) is appreciated you who use and enter to our web site for viewing and using our services to do general transactions via the Company’s application. For your confidence and understanding with respect to our service and application, the Company desires to inform you our policies to protect your personal information as listed below:
Privacy Notes You accept and agree that personal information you give or provide through our computer stored and processed that controls the service and application of the Company are the exclusive rights and proprietary rights and property of the Company. The Company will use its best effort to carefully protect the security of your personal information. The Company wishes to inform you that the Company uses the international standard security system to protect the security of your personal information. However, for the security of your personal information, you must strictly adhere the terms and conditions of using the Service and application of the Company.
In case you are damaged by the result of the lost or damage of the personal information and/or whatsoever resulting from any circumstances, including (but not limited to) by hacking or by force majeure, or by any reason. The Company reserves its rights to refuse any defaults caused thereby, and the Company has no obligation to responsible for any and all losses or damages thereof.
For the security of your and others personal information and sensitive data, as well as for the regulations of the Service usage, User Submissions, you agree that: you must not take any actions that may infringement any personal rights or others rights of the third party and/or the intellectual property rights of the Company or the third party, as well as must not do any acts and things that prohibits by applicable laws and/or public morals. It is therefore important that you must not upload, post and publish on or through the Service any information, messages, photographs, images, pictures, clip video and other materials that may violate any applicable laws and public morals or containing, or otherwise use, any inappropriate, obscene, indecent, defamatory, disruptive, confidential or untrue language. You further agree not to do any acts and things that may cause any losses or damages to the Company and/or the third party. If you upload, post any information that is untrue, inaccurate, not correct, infringement any law or detail as specifies in first paragraph or Real PR! has reasonable grounds to suspect that such information is untrue, not correct or incomplete, Real PR! reserves the rights to delete, suspend, publish or verify any information at any time as required by laws, or for other purposes without prior notice, and in no event shall Real PR! be liable to any and all damages incurred thereby. Private Right You acknowledge, consent and agree that Message Centre may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Terms and Conditions;
(c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of Message Centre, its users and the public. Disclaimer Policy The Company will use your suggestion and advice for the benefit of further developing and modifying our Service more sufficiency and makes the maximum profits to you.
The service and application provided by the Company is available solely for the purpose of collection, posting, publishing and exchanging any information, data, news, contents, messages, ideas and opinions between and among the users. Thus, the Company has no warranty that the service and any information, data, news, content or message published through the service and on the application are correct, complete, free of defects, or merchantable for a particular purpose.
Please be informed that the Company is not an agent, a partner or have any legal relation with the owner or licensor of any information, data, news, content or message published through the service and on the application of the Company. The service and application is provided as a media to transmit any information and message between and among the users and the owner of such information and message. The Company is unable to either monitor or recognizes the origins and/or details of such information, data, news, contents, messages, ideas and opinions published via the service and application. If the service, application and/or any information, data, news, content or message cause any damages to other users or a third party, the Company shall not be liable to the users or that third party, and in no event shall the Company be liable to any party for any and all damages incurred thereby. Copyrights Please be informed that all contents, photographs, images, pictures, sounds and all other materials and components of the Service and application, include but not limited to trademarks, service marks, names, trade names, patent, know-how and any intellectual properties on the application are exclusively owned by the Company and are legally protected and governed by the Intellectual Property Law of Thailand.
If any persons or entities copy, reproduce, modify, publish, distribute, rent, lease or otherwise execute for any commercial or other unlawful interests or purposes, whether in any manner, from the said intellectual properties without the consent of the Company, the Company reserves the right to promptly prosecute to the maximum extent of the applicable laws to the users who infringe such rights.
The Company reserves the right to change, modify and alter any and all Legal Notice contained herein at any time as appropriate without prior notice.