END USER LICENSE AGREEMENT
DEFINITIONS
The following definitions apply to the terms and conditions included in this Agreement.
BuddiRewards means a social rewards application, developed by Mediawire Pty Ltd for reading and writing files to and from a network and/or file system.
Software means BuddiRewards, all program, information and advertising media which are part of the BuddiRewards software program.
Third Party Applications are the software applications, games, ringtones, full music tracks and other associated media file that are obtained by redeeming Reward points in the BuddiRewards Store.
Individual means a particular person.
TERMS OF AGREEMENT
This is a legal agreement between you, the users, and Mediawire Pty Ltd. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to these terms, you may not use or install the Software.
All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in Mediawire Pty Ltd and its suppliers.
You may not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereoff or otherwise attempt to derive source code or create derivative works therefrom.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. MEDIAWIRE PTY LTD OR ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.
MEDIAWIRE PTY LTD AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL MEDIAWIRE PTY LTD, ITS SUPPLIERS, OR ITS PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BY NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEDIAWIRE PTY LTD ALSO DISCLAIMS ALL LIABILITY FOR INDIRECT CONSEQUENCES, ACTS OR MATERIAL PRESENTED BY THE ADVERTISERS, AD-SERVING PARTNERS, THIRD PARTY SOFTWARE PARTNERS, OR OTHERS (INCLUDING UNAUTHORISED USERS, OR "CRACKERS").
REGARDLESS OF THE FORM OF ACTION, MEDIAWIRE PTY LTD, ITS SUPPLIERS AND ITS PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
The Software may be subject to export or import regulations, and the user agrees to comply strictly with all such laws and regulations. The user agrees not to export or re-export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval.
PRIVACY STATEMENT
Mediawire Pty Ltd strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users' personal information, within the confines of the BuddiRewards Internet domain. The Mediawire Pty Ltd privacy statement found at <http://www.buddirewards.com/privacy.htm> is incorporated in this agreement by reference.
Any variation to the terms of this Agreement shall only be valid if made in writing to Mediawire Pty Ltd.
Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept the Brisbane Supreme Court as the legal venue under this Agreement.
This agreement shall be governed by law in Queensland, Australia.
DATA USAGE ADVICE
This software uses your phones 3G/3.5G, EDGE, GPRS or WiFi Internet connection. When you register and activate the BuddiRewards software in your mobile phone, you will incur connectivity and data transfer costs. These costs are beared by the BuddiRewards software client user. The total use cost depends on your mobile data plan with your operator and the wireless network(s) you are using/roaming across. Using the BuddiRewards settings you can reduce your data transfer costs by setting the frequency with which you access our authentication and media server.
As the cost of all incurrring mobile data traffic is beared by you, we recommend to use of an unlimited data plan with your wireless network operator. To avoid unpleasant surprises with your network operators mobile data bill, Mediawire Pty Ltd recommends you to familiarise yourself with all aspects regarding your mobile data costs, both in domestic and international use contexts.
If you are billed by transfer amounts per megabit or if you are using BuddiRewards while travelling overseas, the use of BuddiRewards may become costly depending on your data plan and the operator whose 3G network you are using. Mediawire Pty Ltd is not liable for any of the costs incurred as a result of the use of BuddiRewards.
Please also be aware that even if you have an unlimited data plan and when using BuddiRewards while travelling, the foreign operators typically charge you for the use of their networks in addition to your monthly plan costs with your network operator.
We recommend that you endeavour to use a WiFi network connection on your mobile phone as an alternative method of connecting BuddiRewards to the Mediawire authentication and media server. Typically, the costs of a WiFi connection are significantly lower than a mobile network connection.
Mediawire Pty Ltd, Australia
Website: www.buddirewards.com
Email: support@mediawire.zendesk.com