This End-User License Agreement ("EULA") is a legal agreement between you and KaibaWare LLC.This EULA agreement governs your acquisition and use of our FairEats application ("Licensed Application") directly from KaibaWare LLC or indirectly through a KaibaWare LLC authorized reseller or distributor (a "Reseller").

 

Please read this EULA agreement carefully before completing the installation process and using the FairEats application. It provides a license to use the FairEats application and contains warranty information and liability disclaimers. By installing and/or using the FairEats application, you are confirming your acceptance of the Licensed Application and agreeing to become bound by the terms of this EULA agreement.

 

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Licensed Application.

 

This EULA agreement shall apply only to the Licensed Application supplied by KaibaWare LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any KaibaWare LLC updates, supplements, Internet-based services, and support services for the Licensed Application, unless other terms accompany those items on delivery. If so, those terms apply.

 

License Grant

 

KaibaWare LLC hereby grants you a personal, non-transferable, non-exclusive license to use the FairEats application on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the FairEats application to devices under your control. You are responsible for ensuring your device meets the minimum requirements of the FairEats application.

You are not permitted to:

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Licensed Application nor permit the whole or any part of the Licensed Application to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Licensed Application or attempt to do any such things

• Reproduce, copy, distribute, resell or otherwise use the Licensed Application for any commercial purpose

• Allow any third party to use the Licensed Application on behalf of or for the benefit of any third party

• Use the Licensed Application in any way which breaches any applicable local, national or international law

• Use the Licensed Application for any purpose that KaibaWare LLC considers is a breach of this EULA agreement

 

Intellectual Property and Ownership

 

KaibaWare LLC shall at all times retain ownership of the Licensed Application as originally downloaded by you and all subsequent downloads of the Licensed Application by you. The Licensed Application (and the copyright, and other intellectual property rights of whatever nature in the Licensed Application, including any modifications made thereto) are and shall remain the property of KaibaWare LLC.

KaibaWare LLC reserves the right to grant licenses to use the Licensed Application to third parties.

 

Termination

 

This EULA agreement is effective from the date you first use the Licensed Application and shall remain in effect until terminated by you or KaibaWare LLC. This Agreement will terminate immediately, without prior notice from KaibaWare LLC in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

 

NO WARRANTY

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSEDAPPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THELICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

 

Limitation of Liability

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Severability

 

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.