Last updated: 1st April, 2022

This End-User License Agreement (referred to as the “EULA”) is a legally binding agreement between you, the Licensee, an individual customer or entity, and the JL World Corporation Limited, the company, and the author of Weminder, the Software, which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensor’s liability to you, and shall govern all access to and use of this Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.

By installing, copying, or otherwise using the Licensed Product (Software), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use Software.

Definitions

EULA shall refer to this End-User-License-Agreement, including any amendment to this Agreement.

Licensee shall refer to the individual or entity that downloads and uses the Software.

Licensor shall refer to the company or author, JL World Corporation Limited.

Software/Licensed Product shall mean Weminder, the Licensed Product provided pursuant to this EULA.

Device shall refer to the hardware that the Licensed Product provided pursuant to this EULA is installed.

Scope of License

Subject to the terms of this EULA, the Licensor hereby grants to the Licensee, a non-transferable, royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Software as well as upgrades provided by Licensor that replace or supplement the original Software, unless such upgrade is accompanied by a Custom EULA. The Software is being distributed by JL World Corporation Limited. The Licensee is not allowed to transfer, redistribute or sublicense the Software and, if you sell your Device to a third party, you must remove the Software from the Device before doing so. The Licensee may not use the Licensed Product for any illegal or unlawful purpose and may not reverse engineer, decompile or dissemble Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.

Intellectual Property

You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensor. The trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of Licensor.  Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product.

Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.

Collection of Usage Data

You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Termination

In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed Product. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms and conditions under this EULA.

Either JL World Corporation Limited or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.

Notice

Any notice, report, approval or consent required under this EULA shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses of the parties.

Integration

Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgement of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.

Severability

No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.

Warranty and Disclaimer

JL World Corporation Limited, and author of this Software, expressly disclaim any warranty for the Weminder. The Licensed Product and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Software.

Limited Liability

The Licensee agrees that the JL World Corporation Limited shall not be liable to Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if JL World Corporation Limited has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall JL World Corporation Limited aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee to JL World Corporation Limited for the Software.

Indemnification

You hereby agree to indemnify and hold JL World Corporation Limited harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against JL World Corporation Limited, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.

Entire Agreement

This Agreement rightly constitutes the entire understanding between the JL World Corporation Limited and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.

Governing Law and Jurisdiction

This EULA shall be deemed to be construed under the jurisdiction of the courts located in Hong Kong, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought exclusively in the courts of Hong Kong, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this EULA is made within the exclusive jurisdiction of the Hong Kong, and its jurisdiction shall supersede any other jurisdiction of either party’s election.