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End User License Agreement

Please read all of this Agreement.

April 2018

The Blockpass App is provided by Blockpass IDN Limited (“​Blockpass​” or “​we​”). This End User License Agreement (the “​EULA​”) is a legally binding agreement between you (“​you​” or “​User​”) and Blockpass and applies to your use of this App and related technology made available by Blockpass. By using the software that is embedded in the Blockpass App product (the “​App​”), you agree to the terms of this EULA between you and Blockpass.

Blockpass is the trading name of Blockpass IDN Limited, a limited liability company incorporated in Hong Kong (company registration number 2566786), whose registered address is Suite 1701-02, 17/F FWD Financial Centre, 308 Des Voeux Road, Central, Hong Kong.

Blockpass grants you a non-exclusive, revocable, non-transferable license to use the App on a mobile device that you own, control or use. We grant you this license on the basis of this EULA and subject to any rules or policies applied by the Apple/ Google Play application store from whose site, located at https://itunes.apple.com/us/app/blockpass/id1322917010 and https://play.google.com/store/apps/details?id=com.blockpass_mobile (the “​App Store​”), the End User downloaded the App (the “​App Store Rules​”). We reserve the right to revoke this license and your access to the App by notice to you. Blockpass does not sell the App to you. Blockpass remains the owner of the App at all times.
Before using this App, Users should read this EULA carefully.

By clicking “I Accept” when installing the App, you agree to the terms of this EULA and to the App’s Privacy and Cookie Policy, and agree to be bound by them

1 DISCLAIMERS

1.1 To the maximum extent permitted by applicable law, this App is provided “as is” and “as available”, with no representation, warranty, guarantee or agreement of any kind as to its functionality, quality or fitness for purpose. We hereby disclaim all warranties and conditions with respect to the App, either express, implied or statutory, including, but not limited to, any implied
warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, non-infringement of third party rights, and freedom from computer virus or other harmful code. We do not warrant that any information provided by Blockpass is accurate, complete, or useful. We do not warrant that access to the App will be uninterrupted or that there will be no delays or failures, or that our services will be operational, error free, secure or safe at all times.

2 Intellectual Property Rights

2.1 Intellectual Property Rights in the App belong to us and the rights in the App are licensed, not sold, to you. You have no Intellectual Property Rights in, or to, the App other than the right to use it in accordance with these terms.

2.2 You acknowledge that you have no right to have access to the App in source-code form.

2.3 Users must not:
(a) copy or reproduce all or any part of the App;
(b) alter, modify or adapt all or any part of the App;
(c) give remove or tamper with any copyright notice attached to or contained with the App (all ownership remains with Blockpass); or
(d) carry out reverse engineering of the App.

3 Limitation of Liability​.

3.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.

3.2 We shall not be liable for any indirect or consequential losses relating to, arising out of, or in any way in connection with our EULA, us, or our App. We shall not be liable for any direct or indirect loss of profit, loss of business, business interruption, or loss of business opportunity.

3.3 The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.

3.4 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by Hong Kong law.

4 Acceptable Use Restrictions 4.1 You must not:
(a) use the App in any unlawful manner for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;
(b) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

5 Variation

5.1 Blockpass may change the terms of this EULA at any time and will provide
you with notice by way of a notice within this App.

5.2 If Blockpass provides you with notice that it is going to make a change to this EULA, you can terminate this EULA before that change takes effect without charge by deleting the App. If you continue to use this App after the relevant notice period ends, then Blockpass will assume that you have accepted the change and it will take effect immediately.

6 Updates to the App

6.1 From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security concerns. Alternatively we may ask you to update the App for these reasons.

6.2 If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App.

7 Termination

7.1 Blockpass may terminate this EULA immediately if:
(a) a User has seriously or persistently breached any of the terms of this EULA, including where Blockpass reasonably suspects that:
(i) a User has committed fraud or may be acting fraudulently in connection with the App;
(ii) a User was not entitled to download the App, or his/ her eligibility to download and/or use the App changed;
(iii) a User is using the App for an illegal purpose.
(b) the App is withdrawn by the manufacturer of your mobile device operating system or Apple, Google, Microsoft, BlackBerry or any App Provider or other intermediary.

7.2 Blockpass will notify you if it terminates this EULA. This can include notification by SMS, a message when you log onto the App, by post, by e-mail, by secure e-message, or in any other way that will be sent to you.

7.3 You can terminate this EULA at any time by deleting the App from your mobile device(s).

7.4 Upon termination of this license for any reason, you must remove the App from your mobile device and destroy all copies of the App including all components of it in your possession. All rights you have in respect of the App will immediately end.

8 Jurisdiction

8.1 This EULA is governed by the laws of the Hong Kong Special Administrative Region and shall be construed in accordance with these laws.

9 No Rights for Third Parties

9.1 This EULA is personal to the Parties. The provisions of the Contracts (Rights of Third Parties) Ordinance (Cap 623) do not apply to this Agreement. No person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified in this Agreement) shall have any right under the Contracts (Rights of Third Parties) Ordinance to enforce this Agreement or to enjoy the benefit of any term of this Agreement.

10 Miscellaneous Terms

10.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA

10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

10.3 Each of the terms of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.