READ THIS AGREEMENT CAREFULLY BEFORE USING THIS GIDI MOBILE LTD APP. GIDI MOBILE LTD AND ITS AFFILIATES AND SUBSIDIARIES (“GIDI MOBILE”) WILL ONLY LICENSE THE GIDI MOBILE LTD APP WITH WHICH THIS LICENSE AGREEMENT HAS BEEN ASSOCIATED (THE “APP”) TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT BY CLICKING “ACCEPT” OR LOGGING INTO, ACCESSING OR USING THE APP. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP. Gidi Mobile Ltd does not intend for this App to be used by individuals who are less than 12 years old. If you are less than 12, do not use this App. This End User License Agreement (“Agreement”) is between Gidi Mobile Ltd and you and/or your company (“you” or “Licensee”) and governs your use of any App from Gidi Mobile Ltd that you access and/or download for use in Nokia® phone or product, an iPhone®, iPad®, Android®, BlackBerry® or other similar mobile environment for which Gidi Mobile Ltd makes the App available (“Mobile Platform”). You may view the terms of this Agreement at any time by accessing: www.gidimo.com/1. Acceptance of Terms and Conditions; Charges.
By accessing, downloading and/or using the App, you acknowledge having read and understood, and you hereby agree, to be bound by and comply with these terms. If you do not agree to these terms, you must not install or use the App. The App is protected by law, including, but not limited to, the copyright laws of Nigeria and other countries as well as other laws protecting intellectual property, and international treaties. The App is controlled and made available by Gidi Mobile Ltd from its offices within Lagos State, Nigeria. Gidi Mobile Ltd does not collect any fees from you for the App. However, you may incur network or data charges, roaming charges or other costs or fees when you download or use the App or certain of its features, such as location-based services like store locators ("Network Charges"). Gidi Mobile Ltd has no liability to you for any of the Network Charges.2. License Grant.
The term "App" includes the mobile applications computer programs (software) that you access and/or download, and associated data and information (including any user guide, updates and revisions) available to you. With limited exceptions with respect to software or elements of the App that Gidi Mobile Ltd has licensed from third parties, the App is owned by Gidi Mobile Ltd. The App is licensed, not sold, to you. Gidi Mobile Ltd considers the App to be its confidential and proprietary information. Subject to the terms of this Agreement, Gidi Mobile Ltd grants you a limited, revocable, terminable, non-exclusive license to use the App solely as described in this Agreement, and solely on the Mobile Platform for which the App was specifically designed by Gidi Mobile Ltd. Gidi Mobile Ltd may, in its sole discretion, make available to you updates to the App and related data and information, but has no obligation to do so; any updates provided by Gidi Mobile Ltd are subject to the terms of this Agreement. Except as expressly stated herein, no other rights are granted to you by implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or other intellectual property right of Gidi Mobile Ltd or any of its licensors.3. License Limitations.
You are authorized to use the App solely an individual for the limited purpose of determining and selecting applicable Gidi Mobile Ltd Products. "Gidi Mobile Ltd Products" means products and associated hardware manufactured by Gidi Mobile Ltd or sold or marketed under any Gidi Mobile Ltd label. You must not copy, modify, transfer, rent, lease, sublicense, assign, reverse assemble, reverse compile or create derivative works of the App; nor may you disclose the App to third parties, nor may you access, download or use the App in any environment or any platform other than a Mobile Platform for which it was designed. You must not attempt to derive any confidential information, processes, data or algorithms from the App. To the extent any of the foregoing restrictions on reverse engineering, decompiling or other use of the App are not enforceable under applicable law, then the restriction will apply to the greatest extent consistent with applicable law. Further, you will not engage in such activities unless you first give Gidi Mobile Ltd advanced written notice of your intended action, and you agree to allow Gidi Mobile Ltd to provide you any relevant assistance or information that might obviate the need for such action. Gidi Mobile Ltd reserves the right to modify the App and related data and information at any time, and to change its functionality. You acknowledge and agree that Gidi Mobile Ltd retains sole ownership of all intellectual property rights in the App, Gidi Mobile Ltd Products and related information, including but not limited to patent, copyright, trade dress, trade secret, and trademark rights.4. Termination of License Rights.
This Agreement and the license granted to you will terminate automatically upon your breach of this Agreement. Gidi Mobile Ltd may terminate your license rights, and/or may stop offering the App, data and/or information, at any time for any reason without notice and without liability. Upon any termination, you agree to cease all use of the App and to remove the App from the Mobile Platform(s).5. Protection of Confidential Information.
You agree to hold all Confidential Information in confidence indefinitely. "Confidential Information" shall mean the App and any and all information, technology, algorithms, data, specifications, designs, constructions, techniques, formulae, materials, and manufacturing processes of Gidi Mobile Ltd or concerning Gidi Mobile Ltd Products, except information that is: published or otherwise becomes part of the public domain through no act or omission by you; received by you from a third party who is legally in possession of the information and not under an obligation of confidentiality with respect the information; or, was already in your possession, with no duty of confidentiality attached thereto, prior to its receipt from Gidi Mobile Ltd, as evidenced by written records. This obligation of confidentiality shall survive termination, cancellation, or expiration of this License Agreement.6. Trademarks and Copyrights.
Gidi Mobile Ltd, gidimo and other trademarks, service marks, slogans, and logos (the "Trademarks") used and displayed in the App, and other designations Gidi Mobile Ltd uses in connection with its products and services are registered and unregistered Trademarks of Gidi Mobile Ltd and others. Nothing in this Agreement or the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of the Trademark owner. Trademarks of Gidi Mobile Ltd may not be used in any way without prior written permission of Gidi Mobile Ltd. The copyrights in the App and all data and information provided in connection with the App are held by Gidi Mobile Ltd or by the original creator. Except as stated herein, none of the App, data or information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Gidi Mobile Ltd or the copyright owner.7. Links To Third Party Sites.
The App may contain links to third-party sites. Any linked sites are not under the control of Gidi Mobile Ltd, and Gidi Mobile Ltd is not responsible for the contents of any linked site, any link contained in a linked site, any changes or updates to such linked sites, or any transmission from any linked site. Gidi Mobile Ltd is providing these links to third-party sites only as a convenience, and the inclusion of any link does not imply endorsement by Gidi Mobile Ltd of the site.8. NO WARRANTY; DISCLAIMER.
GIDI MOBILE LTD DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE APP, INFORMATION AND/OR DATA WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE GIDI MOBILE LTD USES REASONABLE EFFORTS TO USE ACCURATE AND UP-TO-DATE INFORMATION AND DATA IN AND IN CONNECTION WITH THE APP, THE DATA AND OTHER INFORMATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. GIDI MOBILE LTD SPECIFICALLY DISCLAIMS ALL WARRANTIES OF EVERY KIND AS TO THE APP, DATA AND OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, OTHER VIOLATION OF RIGHTS, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. GIDI MOBILE LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE APP, DATA OR OTHER INFORMATION, AND YOU SHALL BE SOLELY RESPONSIBLE FOR THE RESULTS, USE, EFFICIENCY AND SUITABILITY OF THE APP, DATA AND INFORMATION.9. LIMITATION OF LIABILITY.
IN NO EVENT SHALL GIDI MOBILE LTD BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE APP OR RELATED DATA AND INFORMATION, EVEN IF GIDI MOBILE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GIDI MOBILE LTD BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM: (A) ANY FAILURE OF THE APP, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA; (B) DELAY IN THE DELIVERY OF THE APP; (C) THE PERFORMANCE OF SERVICES RELATED TO THE APP; (D) INACCURACY OF THE DATA OR INFORMATION, (E) ANY UPDATES OR CHANGES TO THE APP, DATA AND/OR INFORMATION, AND/OR (F) CLAIMS REGARDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT OR NEGLIGENCE. IF YOUR USE OF THE MATERIALS, SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. This site is controlled and operated by Gidi mobile Limited from its offices in Lagos, Nigeria. Gidi mobile LTD makes no representation that THIS APP IS appropriate or available for use outside Nigeria, and access to IT from territories where the contents are illegal is prohibited.10. Certain Third Parties and Additional Terms.
The company or companies that make the Mobile Platform available to you (e.g., Research In Motion Ltd., Apple, Inc., Google, Inc., etc.) are made express third party beneficiaries ("TPBs") to the terms of this Agreement and all limitations and disclaimers provided herein. By downloading, installing or using the App, you acknowledge and agree that none of the TPBs has liability to you under any theory, including contract, tort, strict liability or otherwise, for your downloading, installation or use of the App or any data that you receive from or provide through the App. Additional terms applicable to your use of the App on specific Mobile Platforms are set forth in Appendix 1 to this Agreement.11. Gidi Mobile Ltd Products
Gidi Mobile Ltd obligations and responsibilities regarding Gidi Mobile Ltd Products or services are governed solely by the agreements under which they are sold or licensed. Gidi Mobile Ltd does not guarantee availability of individual part numbered Gidi Mobile Ltd Products. Gidi Mobile Ltd Products availability must be confirmed at time of any order. Gidi Mobile Ltd Products orders are subject to acceptance or rejection by Gidi Mobile Ltd. WARNING! Gidi Mobile Ltd products are not designed or intended for aircraft use. Use Gidi Mobile Ltd products only on applications specified in Gidi Mobile Ltd product literature. Failure to follow these instructions could result in injury or property damage. Gidi Mobile Corporation disclaims all liability due to failure to follow these instructions.12. User Information
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or your rights of access if we believe that you have provided inaccurate or incomplete information during registration.13. Privacy and Data Collection.
You agree to indemnify and hold Gidi Mobile Ltd and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your submission, your use of or connection to the App, your violation of the Terms, or your violation of the rights or privileges of any person.15. Security.
The App has security measures built in to protect against the unauthorized use, loss, misuse and/or alteration of the App and related data and information. You may not make any effort to circumvent these measures.16. Compliance with Laws and Government Users.
You shall comply with all applicable laws regarding the use of the App. The App, its services, materials, tools, and technical data delivered by or to Gidi Mobile Ltd are subject to Nigeria export control regulations or the trade laws of other countries. You shall adhere to all Nigerian Export Laws and Regulations and shall not export or re-export the App or any technical data to any proscribed country unless properly authorized by the Nigerian Government and Gidi Mobile Ltd. You and Gidi Mobile Ltd agree not to export or re-export to entities on the most current Nigeria export exclusion lists or to any country subject to Nigeria embargo or terrorist controls as specified in the Nigeria export laws. The App is a "commercial item" consisting of "commercial computer software" and "commercial computer software documentation". If you are in the Nigerian Government or any agency or department thereof, the App is licensed (a) only as a commercial item and (b) with only those rights as are granted hereunder.17. Governing Law.
This Agreement and use of the App will be governed by the laws of the Federal Republic of Nigeria. All parties submit to the jurisdiction of the Courts of the Federal Republic of Nigeria and agree to accept service of process by registered or certified mail, return receipt requested, in accordance with the civil procedure rules of the Nigerian Courts.18. Waiver
The failure of Gidi Mobile Ltd to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in this provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or the Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.19. Entire Agreement; Updates.
This Agreement contains the entire agreement of the parties with respect to the App. It supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. Gidi Mobile Ltd reserves the right to update and/or change the terms and conditions of this Agreement at any time. Gidi Mobile Ltd will make updated and/or changed terms and conditions available to you by sending them or a notice to you, posting them on Gidi Mobile'Ltd website, and/or providing them as a new click-through Agreement that must be accepted before continued use of the App is permitted. Your continued use of the App constitutes your agreement to the updated and/or changed terms and conditions. If you do not agree to the updated and/or changed terms and conditions, you will not be able to continue use of the App.20. Contact.
If you have any questions about the App or this Agreement, you can contact us at email@example.comAppendix 1 Certain Additional Terms
Depending on which Mobile Platform(s) you use to access the App, the following terms and conditions also apply as part of this Agreement and your license to the App. Blackberry Users (including Blackberry handheld devices and Blackberry tablet computers) Portions copyright (c) 2002-2011 Research In Motion Limited. All rights reserved. You acknowledge that the App has been provided to you with certain application templates, code stubs, code snippets, example applications, sample code and code fragments in source code form that were provided by Research In Motion Ltd. ("Distributable Code"). Upon written request from you, Gidi Mobile Ltd will identify to you the Distributable Code. You acknowledge that your rights to the Distributable Code are subject to the following: (A) the license granted is a non-exclusive, terminable license for you to use the Distributable Code only on or in conjunction with the App; (B) except for the limited license to use the Distributable Code on or in conjunction with the App, you acquire no intellectual property or other proprietary rights, including, without limitation, patents, designs, trademarks, copyright or rights in any confidential information in or related to the Distributable Code; (C) reverse engineering the Distributable Code is prohibited, except to the extent that such restrictions cannot be enforced under applicable law; (D) you must cease all use of the Distributable Code within a reasonable period of time following expiration or termination of this Agreement; (E) RIM shall not be liable to you for any damages whatsoever; (F) you shall import, export, re-export and use the Distributable Code only in accordance with the laws and regulations of the of the country(ies) and/or territory(ies) in which the Distributable Code is used, imported, exported and/or re-exported; (G) neither Gidi Mobile Ltd nor RIM make any warranties, express or implied, related to the Distributable Code; and (H) you shall not alter any copyright, trademark or patent notice in the Distributable Code.