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End-User License Agreement ("Agreement")

Last updated: 2019/07/18

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Lightning Wings II ("Application").

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

License
Brogent Technologies Inc. (“Brogent”) grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. The foregoing license gives you limited license to use the Application. Brogent retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Application (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this Agreement are reserved by Brogent.


Restrictions
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party;
b) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
c) violate any applicable laws, rules or regulation in connection with your access or use of Application;
d) remove, alter or obscure any proprietary notice (including but not limited to trademark or copyright) of Brogent and or its affiliates;
e) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Brogent;
or
f) use any proprietary information or interfaces of Company or other intellectual property of Brogent in the design, development, manufacture, licensing, or distribution of Brogent in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.


Modifications to Application
Brogent reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.


Term and Termination
This Agreement shall remain in effect until terminated by you or Brogent.

Brogent may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Brogent, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. BROGENT AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AN THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, BROGENT AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENT; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BROGENT OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY.


Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BROGENT OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BROGENT WAS ADVISED THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION THE GENEARALITY OF THE FOREGOING, BROGENT’S AGGREGATE LIABILITY TO YOU (WHETHER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO BROGENT IN CONNECTION WITH THE APPLICATION IN THE PAST SIX MONTHS.


Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Amendments to this Agreement
Brogent reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 10 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


Jurisdiction
This Agreement shall be governed by, and construed in accordance with the substantive laws of Taiwan R.O.C. Parties to this Agreement agree to submit Kaohsiung District Court of the R.O.C. as the first court of jurisdiction to resolve disputes.


Contact Information
If you have any questions about this Agreement and/or this Application, please contact jacki1860@gmail.com.