Agees Block Estimator -LICENSED APPLICATION END-USER LICENSE AGREEMENT
Your use of the licensed mobile Application
is subject to the terms and conditions as laid out below and updated from time
to time by Application provider in its sole discretion without further notice
(the “Agreement”). Any updates to this Agreement along with the date on which
it was last updated will be accessible through the Licensed Application. If
applicable, this agreement may also be accessible through the app store from
which you downloaded and installed the Licensed Application.
Application Provider license the
use of this Licensed Application to you on the basis of this EULA and subject
to any rules or policies applied by the google Android Application Store from
whose site, located at https://play.google.com/store/apps
(Appstore), the End-User downloaded the App (Appstore Rules). Application
Provider(s) do not sell the App or Document to you. Application Provider and/or
the owners of the App and Documents remain the owners of the App and Documents
at all times.
Please review carefully as it
contains important information regarding your legal rights, remedies and
obligations including limitation and exclusion clauses, in connection with the
use of this Licensed Application. By accessing, browsing, subscribing,
accepting, or otherwise using this Licensed Application, you agree to be
unconditionally bound by and to follow the terms and conditions of this
Agreement. In the event of any update to this Agreement, your continued use of
the Licensed Application after any such updates constitutes your acceptance of
the revised Agreement.
IF YOU DO NOT AGREE TO THIS
AGREEMENT, YOU MAY NOT USE THIS LICENSED APPLICATION.
“Affiliate” means, with respect
to and entity, any person or entity that directly or indirectly owns, is owned
by, or is under common ownership with that entity. For purpose of this
definition, ownership means control of more than a 50% interest in an entity.
“Agreement” means, this Licensed
Application End-User License Agreement.
“Application Provider” means
Agees Block Estimator, the owner and operator of the Licensed Application and
the licensor of this Licensed Application, having its Principal office at 25,
Ehiakhamen Street, Off Benin-Agbor Road, Ikpoba Hill, Benin City, Edo State,
“Licensed Application” means this
application, and the services performed or provided by this application that is
delivered to you hereunder, together with any update.
“Update” means any improvements,
modifications, enhancements, fixes, updates, upgrades and future versions of
the Licensed Application.
- SCOPE OF
LICENSE AND LICENSE RESTRICTIONS
- Subject to the terms and conditions of this Agreement, you are
granted a limited, revocable, non-exclusive, non-transferable and
non-sublicensable license to use the Licensed Application for personal and
non-commercial use provided that you keep all copyright, trademark, patent and
other proprietary notice intact (“License”) and to install and use the Licensed
Application as permitted herein.
- Use or otherwise permit the use of the Licensed Application on
any device that you do not own or control;
- Distribute or make the Licensed Application available over a
network where it could be used by multiple devices at the same time;
- Rent, lease, assign, sell, redistribute, sublicense, transfer or
otherwise grant rights in Licensed Application to any third party;
- Violate, circumvent, reverse-engineer, decompile, disassemble or
otherwise tamper with the security of the Licensed Application;
- Copy emulate, attempt to derive the source code of, modify, or
create derivative works of the Licensed Application;
- Republish, post, transmit, distribute or otherwise make
available the Application Content on any internet, intranet or Extranet
- Incorporate, merge, combine or otherwise include the Application
in any commercial product or services;
- Download, copy, capture, scrape or otherwise obtain the
Application Content not otherwise expressly permitted through the Licensed
- Modify, change, mutilate or otherwise alter the Application
- If the Licensed Application is installed on Android Handheld
Devices that you own or control, your use of the Licensed Application is also
subject to any rules or policies applied by the google Android Application
Store (Appstore). Any conflicts between the Usage rules shall be resolved in
favour of the App store usage rules.
- Any use or installation outside of the scope of the License is a
violation of the rights of the Application Provider and its licensors. If you
breach this restriction, Application Provider will terminate this License
granted herein and you may be subject to prosecution and damages. Such
unauthorized use may also violate applicable laws, including copyright and
trademark laws and applicable communications regulations and status, unless
explicitly stated herein, nothing in this Agreement shall be construed as
conferring any license to intellectual property rights, whether by implication
- The terms of this Agreement will govern any update provided by
the Application Provider, unless such update is accompanied by a separate
license in which case the terms of that license will govern. You may be
required to enter into an updated version of this Agreement to be able to
download or otherwise take advantage of the update.
COMMENTS AND FEEDBACK
- You are not obligated to provide any suggestions, comments or
other feedbacks (“Feedback”) to the Application Provider. By providing any such
Feedback, you hereby sell, assign and transfer all rights, titles and interests
in the Feedback to the Application Provider and waive all moral rights in the
Feedback. You agree to execute any document to confirm and give effect to such
sale, assignment, transfer and/or waiver.
- You represent that the feedback you provide to Application
Provider is entirely without obligation or restriction of any king on account
of intellectual property rights or otherwise, and that the Feedback complies
with this Agreement. You further represent that the Feedback will not cause
injury to any person or entity and that it will not contain any harmful,
threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity
rights, hateful, or racially, ethnically or otherwise objectionable content.
- Notwithstanding anything in this Section 3, Application Provider
shall have no obligation: (i) to display, maintain or use the Feedback in
anyway; (ii) to keep your Feedback confidential; or (iii) to notify you that
Application Provider has resolved, used, licensed, sub-licensed, disclosed or
otherwise used the Feedback.
- If you do not agree with this Section 3, do not send us any
- This Licensed Application contains proprietary materials,
including images, marks, links, texts, illustrations, graphics, logos, pages
headers, buttons, icons, scripts. Such Application Content is provided “as-is”
and you agree not to use Application Content in any manner that would infringe
or violate the rights of any other party.
- Objectionable Material: You acknowledge and agree that by using
the Licensed Application, you may encounter Application Content that may be
deemed misleading or otherwise as judged by you or others. Nevertheless, you
agree to use the Licensed Application at your sole risk and that Application
Provider or the Content Rightsholder shall have no liability to you for
Application Content that may be found as such.
- Content Rightsholder: You acknowledge and agree that Content
Rightsholder and its Affiliates are third party beneficiaries of this
Agreement, and that your acceptance of this Agreement constitutes your
acceptance that Content Rightsholder and its subsidiaries will have the right
to enforce the terms of this Agreement against you as a third party beneficiary
- Survival: This Section 4 shall survive termination of this
TO COLLECT AND USE DATA
- You agree that Application Provider may collect and use data in
connection with the provision of the Licensed Application, including the
collection and use of (i) user data such as emails, passwords, parameters
pertaining to your use of the Licensed Application, and (ii) technical data and
related information, including technical information about your device, system,
application software and peripherals. All such collection and use are governed
by its privacy (https://agees.com/terms-and-conditions) as updated
from time to time.
- This Section 5 shall survive termination of this Agreement.
- This License is effective until terminated by you or Application
Provider. Your rights under this License will terminate automatically without
notice from the Application Provider if you fail to comply with any term(s) of
this Agreement. Upon termination of the License, you shall cease all use of the
Licensed Application and destroy all copies, full or partial, of the Licensed
Application and any information permissibly downloaded or otherwise obtained
from the Licensed Application.
- Application Provider may in its sole discretion and at any time
discontinue or modify the provision of the Licensed Application, or any part
thereof, with or without notice. You agree that any termination of your access
to the Licensed Application under any provision of this Agreement may be
effected without prior notice.
- Upon termination of this Agreement, all provisions indicated
herein as surviving termination of this Agreement shall remain in full force
OF WARRANTIES; LIMITATION OF LIABILITIES; INDEMNITIES
- No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
LICENSED APPLICATION IS PROVIDED “AS-IS”. YOUR USE OF THE LICENSED APPLICATION
IS AT YOUR SOLE RISK WITH NO WARRANTIES (INCLUDING IMPLIED, EXPRESS OR
STATUTORY) WHATSOEVER. FOR CLARITY, APPLICATION PROVIDER MAKES NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ITS ACCURACY, VALIDITY OR
COMPLETENESS OF THE APPLICATION CONTENT, OR WHETHER THE PERMITTED USE OF THE
APPLICATION CONTENT INFRINGES THE RIGHTS OF ANY THIRD PARTY, INCLUDING
INTELLECTUAL PROPERTY RIGHTS.
- Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW,
APPLICATION PROVIDER SHALL HAVE NO LIABILITY TO YOU FOR PERSONAL INJURY,
PRODUCT CLAIM (INCLUDING PRODUCT LIABILITY CLAIMS, ANY CLAIM THAT THE LICENSED
APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT,
AND CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION) OR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, IN
CONNECTION WITH OR ARISING FORM YOUR USE OF (INABILITY TO USE) THE LICENSED
APPLICATION, HOWEVER SUCH DAMAGES WERE CAUSED, EVEN IF APPLICATION PROVIDER HAS
BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY
OF LIABILITY ‘TORT’ (INCLUDING NEGLEGENCE AND MISCONDUCT), CONTRACT, STRICT
LIABILITY OF THE APPLICATION PROVIDER NOT LIMITED BY THIS SECTION 7.2, BUT TO
THE EXTENT NOT PROHIBITED BY LAW, APPLICATION PROVIDER’S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES SHALL BE LIMITED TO TWENTY DOLLARS ($20.00). THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IF IT FAILS ITS ESSENTIAL PURPOSE.
- Indemnity: You agree to indemnify, defend and hold harmless
Application Provider and its Affiliates, directors, officers, employees,
contractors, representatives, licensors and licensees, from any damages, losses
costs and expensed (including legal fees), incurred in connection with or
arising from your use of the Licensed Application and/or breach of or
misrepresentation under this Agreement. Application Provider reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you hereunder, and you shall
cooperate fully as reasonably required by Application Provider.
- This Section 7 shall survive termination of this Agreement.
- You may not use or otherwise export or re-export the Licensed
Application except as authorized by United States law and the laws of the
Jurisdiction in which the Licensed Application was obtained. In particular, but
without limitation, the Licensed Application may not be exported or re-exported
(a) into any U.S embargoed countries or (b) to anyone on the U.S Treasury
Department’s list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’s List or Entity List. By using the Licensed
Application, you represent and warrant that you are not located in any such
country or on any such list. You also agree that you will not use the Licensed
Application for any purposes prohibited by United States law, including the
development, design, manufacture or production of nuclear missiles or chemical
or biological weapons.
- This Agreement and your use of the Licensed Application shall be
governed and construed in accordance with the laws of Edo State and the Federal
laws of the Republic of Nigeria applicable therein, excluding the application
of any rule or principal of conflict of law that might otherwise refer
construction, interpretation, or the resolution of any dispute to the laws of
another jurisdiction. Where any dispute arises from this Agreement, including
breach of this Agreement, both parties agree not to bring any legal action
against the other party in any jurisdiction except in Edo State, in particular
the courts located in Benin City, Edo State. With respect to matters that are
exclusively the jurisdiction of the Federal Courts, both parties agree to
adjudicate the matter in Benin City, Edo State.
- This Section 9 shall survive termination of this Agreement.
- This Agreement constitutes the entire agreement between you and
Application Provider and governs your use of the Licensed Application, thereby
superseding and replacing any prior agreements you may have with Application
Provider, If any part of this Agreement is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties and the
remaining portions shall remain in full force and effect. Any waiver of any
provision of the Agreement will be effective only if in writing and signed by
- Your use of the Licensed Application is not intended and shall not
be deemed to create any agency, joint venture or other legal relationship of
any kind between you and Application Provider.
- Headings are inserted for convenience of reference only and
shall not affect the construction or interpretation of this Agreement. The term
“including” or “include(s)” shall mean “including (or includes), but not
- You may not assign this Agreement to any party without
Application Provider’s express written permission. Application Provider may
assign this Agreement as necessary to provide you the Licensed Application.
- This Section 10 shall survive termination of this Agreement.
- All notices required under this Agreement shall be given as
follows: (a) in the case of notices to Application Provider, by e-mail to the following
address to the attention of General Counsel: email@example.com such
notice shall be deemed effective the later of two (2) Business days after such
e-mail, or receipt of such e-mail by the General Counsel; and (b) in the case
of notice to you, by e-mail to the e-mail address that you provided to
Application Provider prior to initiating the download of the Licensed
Application, such notice deemed effective the earlier of one (1) day after sending
such e-mail, or receipt to such e-mail by you.
- The provisions below apply to the owner and operator of the
operating system (“OS Provider) on which this Licensed Application is installed
and executed and are in addition to the terms and conditions set out above. In
the event that the Licensed Application is installed on Apple Handheld Devices,
the OS Provider shall be apple. In the event that the Licensed Application is
installed on Android Devices, the OS Provider shall be Google Inc. In the event
that the Licensed Application is installed on BlackBerry Limited. In the event
that the Licensed Application is installed on Windows devices, the OS Provider
shall be Microsoft Corporation.
- You shall acknowledge and agree that OS Provider has no
obligation whatsoever to furnish any maintenance and support services with
respect to the Licensed Application. Please note that pursuant to Section 7.1,
the Licensed Application is provided “as-is”.
- You acknowledge and agree that, to the maximum extent permitted
by applicable law, OS Provider has no warranty obligation with respect to the
Licensed Application. Subject to Section 7.1, any warranty obligations shall be
the responsibility of the Application Provider. In the event that Application Provider
fails to conform to any application warranty obligations, you shall notify OS
Provider and OS Provider will refund the purchase price, if any, for the
- You acknowledge and agree that OS Provider is not responsible
for addressing any claims relating to the Licensed Application or your
possession and/or use of the Licensed Application, including: (i) product
liability claims; (ii) any claim that the Licensed Application fails to conform
to any application legal or regulatory requirement; and (iii) claims arising
under consumer protection or similar legislation. Please note the limitation of
liability in Section 7.2.
- You acknowledge and agree that OS Provider is not responsible
for any third-party infringement claims that the Licensed Application or your
possession and use of the Licensed Application infringe a third party’s
intellectual property rights. Please note the limitation of liability in
- You acknowledge and agree that OS Provider and its Affiliates
ate third party beneficiaries of this Agreement, and that your acceptance of
this Agreement constitutes your acceptance that OS Provider and its Affiliates
will have the right to enforce the terms of this Agreement against you as a
third party beneficaiary thereof. Please note additional third party
beneficiaries of this Agreement in Section 4.3.
- This Section 12 shall survive termination of this Agreement.