This page describes the EULA for products and services that are developed/maintained by Pentecode PLT.
JOY STEPS / PINSNAP
This agreement (or “EULA”) is a legal agreement between the person, company or organization (“You”) that has licensed a software product (“Application”) and Pentecode PLT (“Licensor” or “Application Provider”). The licensed Application is to be obtained only through Apple’s software distribution platform (“App Store”) and through Google’s software distribution platform (“Google Play Store”). By installing and/or using any Application provided by the Licensor, You are confirming your acceptance of this agreement and you are agreeing to become bound by the terms of this agreement.
1. USE OF LICENSED APPLICATION
a. The Licensor grants You the non-exclusive, non-transferable, limited right and license to install and use this licensed Application solely and exclusively for your personal use. A prior written agreement must be obtained from the Licensor if You intended to use this licensed Application for non-personal use or purpose.
b. You may not use the licensed Application in any manner that could damage, disable, overburden, or impair the licensed Application (or servers or networks connected to the Application), nor may You use the licensed Application in any manner that could interfere with any other party’s use and enjoyment of the licensed Application (or servers or networks connected to the licensed Application).
c. You may not use the licensed Application in any manner that is illegal, or endangers another life, directly or indirectly.
d. You agree that You are solely responsible for (and that the Licensor has no responsibility to you or to any third party for) your use of the licensed Application.
e. You agree that in the event that You sold your device, You must remove the licensed Application before doing so.
2. PROPRIETARY RIGHTS
a. You acknowledge that
(i) the licensed Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and
(ii) The Licensor and/or third parties own all rights, titles and interests in and to the licensed Application and content, excluding content provided by you, that may be presented or accessed through the licensed Application, including without limitation all Intellectual Property Rights therein and thereto. “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.
b. You agree that You will not, and will not allow any third party to,
(i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the licensed Application or content that may be presented or accessed through the licensed Application for any purpose unless otherwise permitted,
(ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the licensed Application,
(iii) use the licensed Application to access, copy, transfer, transcode or retransmit content in violation of any law or third-party rights, or
(iv) remove, obscure, or alter the Licensor’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the licensed Application.
3. THE LICENSOR’S PRIVACY POLICY
The Licensor’s Privacy Policy (located at https://www.pentecode.com/privacy-policy/) explains how the Licensor treats your information and protects your privacy when You use the licensed Application. You agree to the use of your data in accordance with the Licensor’s privacy policies.
4. CONSENT TO THE USE OF DATA
You agree that the Licensor may collect and use technical and related data/information, including but not limited to technical information about your device, system, software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the licensed Application. The Licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
5. EXTERNAL SERVICES
The licensed Application may enable access to the Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. The Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of the Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that the Licensor is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. The Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to You.
4. U.S. GOVERNMENT RESTRICTED RIGHTS
This licensed Application, related materials and documentation have been developed entirely with private funds outside the United States and are not licensed for any business (including governmental business) use, unless prior written approval is obtained from the Licensor. If the user of the licensed Application is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the licensed Application, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these EULA. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the licensed Application is further restricted by these Terms and Conditions.
5. EXPORT RESTRICTIONS
The licensed Application may be subject to export controls or restrictions by Malaysia, the United States or other countries or territories. You agree to comply with all applicable international export laws and regulations. These laws include restrictions on destinations, end users, and end-use. You may not use or otherwise export or re-export the licensed Application except as authorized by the relevant authorities, including 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 Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons 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 these products for any purposes prohibited by law in the relevant jurisdiction.
6. TERMINATION
a. These EULA will continue to apply until terminated by either You or the Licensor as set forth below.
b. You may terminate these EULA at any time by permanently deleting the licensed Application from your device in its entirety.
c. Your rights automatically and immediately terminate without notice from the Licensor or any third party if You fail to comply with any provision of this EULA. In such an event, you must immediately delete the Application.
7. INDEMNITY
To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless the Licensor, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of the EULA.
8. NO WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LICENSED APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE LICENSED APPLICATION.
d. THE LICENSED APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE LICENSED APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
e. THE LICENSED APPLICATION IS NOT INTENDED TO PROVIDE OR REPLACE ADVICES, JUDGEMENTS, OR PROCEDURES BY PROFESSIONALS, ESPECIALLY FOR MEDICAL OR HEALTH-RELATED ISSUES.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LICENSOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS, TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE LICENSED APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
In no event shall the Licensor’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of zero point zero one Malaysian Ringgit (MYR0.01) or equivalent currency. The foregoing limitations will apply even if the above-stated remedy fails its essential purpose.
10. MISCELLANEOUS
a. These EULA constitute the entire agreement between You and the Licensor relating to the licensed Application and govern your use of the licensed Application and completely replace any prior or contemporaneous agreements between You and the licensor regarding the licensed Application.
b. The failure of the Licensor to exercise or enforce any right or provision in this EULA does not constitute a waiver of such right or provision, which will still be available to the Licensor.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these EULA is invalid, then that provision will be removed from the EULA without affecting the rest of the EULA. The remaining provisions of the EULA will continue to be valid and enforceable.
d. The rights granted in this EULA may not be assigned or transferred by either You or the Licensor without the prior written approval of the other party. Neither You nor the Licensor is permitted to delegate their responsibilities or obligations under this EULA without the prior written approval of the other party.
e. Except to the extent expressly provided in the following paragraph, this EULA and the relationship between You and the Licensor shall be governed by the laws of Malaysia, excluding its conflicts of law provisions. You hereby agree that any dispute or claim arising from this EULA shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and You hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Last update: 01 MAR 2023. Applicable for Joy Steps 1.x and PinSnap 1.x