End User Agreement
PEAKCALLER APP END USER LICENSE AGREEMENT
Globellone Inc (collectively "We", "Us", or "Globellone") provides PeakCaller App for Smartphones. It allows the Users to make international calls usually in three different call types such as (i) Wi-Fi or 3G (ii) Local Access Number and (iii) Ringback. Globellone Inc highly recommends that User carefully read this End User License Agreement prior to downloading or accessing the PeakCaller App to the Smartphone of the User. The terms are relevant to the PeakCaller App with which this End User License Agreement is offered and comprises any associated Documentation.
User totally agrees comply with the Terms and Conditions put forward here by downloading the PeakCaller App. If User has no intention to be bound by the Terms and Conditions put forward by Globellone Inc, User should not download the PeakCaller App for Smartphones. Globellone Inc has the complete right to amend, modify, or alter then the content of this End User License Agreement and may amend it without any prior notice and amendments which are carried out will be considered to be on effect upon posting on the modified End User License Agreement. User totally agrees to go through the End User License Agreement sporadically so that User will be fully aware about amendments which are carried out or User uses PeakCaller App after the amendment in End User License Agreement simultaneously agrees to it.
1.1 AGREEMENT:This End User License Agreement, it may be amended, renewed and/or modified occasionally.
1.2 DOCUMENTATION: Online documentation or electronic documentation, printed materials, packaging in addition to any other materials in any other media or form which is allied with the PeakCaller App.
1.3 SMARTPHONE:Mobile phone with advanced features which includes PC like functionality or a palmtop computer.
1.4 PEAKCALLER APP: Smartphone application PeakCaller App is proprietary by Globellone Inc and upcoming upgrades, updates, fixes and enhancements thereof.
1.5 USER: Customer, You or the End User of the PeakCaller App.
2.1 GRANT OF LICENSE: Subjected to the terms here, the PeakCaller App and associated Documentation associated with this End User License Agreement are only licensed, however not sold, to the User by Globellone Inc, on an inclusive basis and Globellone Inc has the comprehensive rights which are not specifically granted to the User. The User rights are limited and to use PeakCaller App in accordance with the terms of this End User License Agreement and do not comprise any other right in any other forms or other intellectual property. The terms of this End User License Agreement will preside over any upgrades in software offered by Globellone Inc that supplement and/or replace the original PeakCaller App.
2.2 USE RESTRICTIONS: The license granted to the User is exclusively for consumer use only. User has not right to rent, lend, sublicense or lease the PeakCaller App. Any redeployment or replica of the PeakCaller App not with respect to the terms which are set forth here is specifically prohibited by the law and may end up in severe civil or/and criminal penalties. The right to prosecute to any of such violation to its maximum level is completely reserved to Globellone Inc. Excluding as and only to the level specifically permitted in this End User License Agreement or by applicable law, User may not reverse engineer, modify, copy, disassemble, create derivative works, or decompile of PeakCaller App or any portion of the component. User may not distribute the Document as well.
2.3 PROMOTIONAL SOFTWARE OR MATERIALS: Despite other sections of this End User License Agreement, PeakCaller App labeled or else provided to the User on a promotional means may only be used for testing, evaluation and demonstration purpose and may not be transferred or resold.
3. CONSENT TO USE OF DATA:
User agrees that Globellone Inc and its subsidiaries may use the collected technical and similar related information, which includes however is not limited to technical information about/relating to Smartphone of the User which is collected at times to assist the provision of support for the product, updates in the software and other services to User if any associated with the PeakCaller App software. The use of the information by Globellone Inc is in a way which doesn't reveal personal identity of the User. The sole purpose to do so is to provide products, services and technologies to you at an improved form.
The End User License Agreement is effective unless and until the User terminates. If User fails to abide by User rights under this End User License Agreement, the End User License Agreement automatically gets terminated without prior notice from Globellone Inc. With the termination of this End User License Agreement, Globellone Inc will cease the entire use of the PeakCaller App.
User completely agree to indemnify, protect, defend and hold Globellone Inc, its directors, officers, shareholders, licensors, employees, suppliers, agents and any third party provider of the PeakCaller Apps or any/all component thereof from as well as against all damages, losses, costs, and expenses including reasonable attorney's fees, follow-on from any violation of this End User License Agreement by the User. The provisions f this paragraph is for the benefit of Globellone Inc, its directors, officers, shareholders, licensors, employees, suppliers, agents and any third party provider of the PeakCaller Apps. Each and every individual or entities shall have the complete right to claim and inflict these provisions directly against the User on its own behalf.
PeakCaller App may not be exported or re-exported to any destination by the User. Requiring such a license, the Agent should acknowledge that the Service may not be exported or re-exported to countries such as Cuba, North Korea, Sudan, Iraq, Iran, Libya and any other countries to the export of goods, technologies and products are prohibited by the U.S. or to the nationals of these countries wherever located.
7. COMPLETE AGREEMENT: GOVERNING LANGUAGE
This End User License Agreement comprises between the parties concerning to the use of PeakCaller App and Documentation licensed hereunder and supplant all prior or contemporary understandings concerning such subject matter. No amendment to this End User License Agreement will be compulsory unless planned by the Globellone Inc. Translations which are carried out for local requirement and at the dispute affair between the English and the non-English version, the English version of this End User License Agreement shall preside over.