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All of us at Tagit thank you for using the Tagit mobile software application. By using this software, including any third party software made available in conjunction with this software, ("Tagit Application") you agree to be bound by the following terms and conditions (the "Terms and Conditions").
Non-Commercial Use Only
Once you have said yes to download Tagit Application you agree to pay the local mobile service provider charges for your Wap or GPRS data connection. If you are downloading the software via sms which Tagit sends a wap link then we will cover the charges. However, it is possible that certain mobile service providers might also charge you for receiving this text message. Also, depending on your plan and your mobile service provider, you may be charged for use of your mobile phone when you access Tagit Application over GPRS or 3G network.
Tagit application for mobile phones is made available to you for your non-commercial use only. This means that you may use it at work or at home, to access any service which is provided by Tagit. You need to get Tagit's permission if you want to re-sell Tagit Application, services, or software associated with or derived from it, or if you want to modify, copy, license, or create derivative works from Tagit Application platform.
Please send an email to info@tagit.tv for request for permission. Furthermore, you may not use Tagit Application in any manner that could damage, disable, overburden, or impair Tagit's service; for e.g., you shall not use the Tagit Application running in an automated manner, nor shall you use Tagit Application in any manner that could interfere with any other party's use and enjoyment of the services.
You can give us comments and ideas to improve Tagit, Please note that we will try to give you credit or some appreciation which deem fit by Tagit if we incorporate your ideas, please note that you shall grant Tagit and third parties permission to use and implement your ideas without any monetary or equity compensation.
Intellectual Property
You shall acknowledge that Tagit or third parties own all rights, title and interest in and to the Tagit application service and software and portions thereof, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Tagit Applications. You also agree to not remove, obscure, or alter Tagit's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Tagit Application.
Disclaimer of Warranties
Tagit and any third party who makes its software available in conjunction with or through Tagit Application disclaim any responsibility for any harm resulting from your use of Tagit Application and/or any third party software accessed in conjunction with or through Tagit Application.
TAGIT APPLICATION AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TAGIT APPLICATION ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. TAGIT AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TAGIT AND ANY THIRD PARTIES WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH TAGIT APPLICATION DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF TAGIT APPLICATION AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE TAGIT APPLICATION AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TAGIT APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF TAGIT APPLICATION AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TAGIT OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TAGIT APPLICATION BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF TAGIT APPLICATION OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TAGIT AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON TAGIT APPLICATION AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TAGIT APPLICATION, FROM INABILITY TO USE TAGIT APPLICATION AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TAGIT APPLICATION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF TAGIT APPLICATION AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH TAGIT APPLICATION (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of Singapore. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Tagit and/or a third party who make its software available in conjunction with or through the Tagit Application.
January 2006
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