Kaaz is licensed to You (End-User) by Moota Labs, located and registered at KG 7 Ave, Gasabo,
Kigali, Rwanda ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application (Kaaz) from Google's software distribution platform
("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that
You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this
License Agreement. Play Store is referred to in this License Agreement as"Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this
License Agreement and are not bound by any provisions or obligations with regard to the Licensed
Application, such as warranty, liability, maintenance and support thereof. Moota Labs, not the Services, is
solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in
conflict with the latest Google Play Terms of Service ("Usage Rules"). Moota Labs acknowledges
that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with
them.
Kaaz when purchased or downloaded through the Services, is licensed to You for use only under
the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Kaaz is
to be used on devices that operate with Google's operating system ("Android").
1. The Application
Kaaz ("Licensed Application") is a piece of software created to facilitate users to find and
contact individual skilled workers - and customized for Android mobile devices ("Devices"). It is
used to purchase and view contacts of individual skilled workers.
Furthermore, it is used to create a
quick job listing for skilled workers to view and pick interest if it applies to them.
2. Scope of License
- You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the
Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage
Rules, with the exception that such Licensed Application may be accessed and used by other accounts
associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
- This license will also govern any updates of the Licensed Application provided by Licensor that replace,
repair, and/or supplement the first Licensed Application, unless a separate license is provided for such
update, in which case the terms of that new license will govern.
- You may not share or make the Licensed Application available to third parties (unless to the degree
allowed by the Usage Rules, and with Moota Labs's prior written consent), sell, rent, lend, lease or
otherwise redistribute the Licensed Application.
- You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine,
create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed
Application, or any part thereof (except with Moota Labs's prior written consent)
- You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the
Licensed Application or portions thereof. You may create and store copies only on devices that You own
or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and
conditions that apply to the device or software used. You may not remove any intellectual property
notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
If you sell your Devices to a third party, you must remove the Licensed Application from the Devices
before doing so.
- Violations of the obligations mentioned above, as well as the attempt of such infringement, may be
subject to prosecution and damages.
- Licensor reserves the right to modify the terms and conditions of licensing.
- Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed
Application, You must ensure that You comply with applicable third-party terms and conditions.
3. Technical Requirements
- The Licensed Application requires a firmware version Android 5.0 or higher. Licensor recommends using
the latest version of the firmware.
- Licensor attempts to keep the Licensed Application updated so that it complies with modified/new
versions of the firmware and new hardware. You are not granted rights to claim such an update.
- You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on
which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
- Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. Maintenance and Support
- The Licensor is solely responsible for providing any maintenance and support services for this Licensed
Application. You can reach the Licensor at the email address listed in the Play Store Overview for this
Licensed Application.
- Moota Labs and the End-User acknowledge that the Services have no obligation whatsoever to furnish any
maintenance and support services with respect to the Licensed Application.
5. User-generated Contributions
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the
Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Licensed Application and through third-party websites or
applications. As such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you thereby represent and warrant
that:
- The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Licensed Application, and other users of the Licensed
Application to use your Contributions in any manner contemplated by the Licensed Application and this
License Agreement.
- You have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness or each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,
or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this
License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may
result in, among other things, termination or suspension of your rights to use the Licensed Application.
6. Contribution License
By posting your Contributions to any part of the Licensed Application or making Contributions
accessible to the Licensed Application by linking your account from the Licensed Application to any of your
social networking accounts, you automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell,
publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, except
(in whole or in part), and distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or
incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided by you
in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed
Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any
Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen
or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor
your Contributions.
7. Liability
- Licensor's responsibility in the case of violation of obligations and tort shall be limited to
intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal
obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall
be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not
apply to injuries to life, limb, or health.
- Licensor takes no accountability or responsibility for any damages caused due to a breach of duties
according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of
backup functions of the Licensed Application to the extent allowed by applicable third-party terms and
conditions of use. You are aware that in case of alterations or manipulations of the Licensed
Application, You will not have access to the Licensed Application.
8. Warranty
- Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other
malware at the time of Your download. Licensor warrants that the Licensed Application works as described
in the user documentation.
- No warranty is provided for the Licensed Application that is not executable on the device, that has been
unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate
hardware or software, used with inappropriate accessories, regardless if by Yourself or by third
parties, or if there are any other reasons outside of Moota Labs's sphere of influence that affect
the executability of the Licensed Application.
- You are required to inspect the Licensed Application immediately after installing it and notify Moota
Labs about issues discovered without delay by email provided in Contact Information. The defect report
will be taken into consideration and further investigated if it has been emailed within a period of
ninety (90) days after discovery.
- If we confirm that the Licensed Application is defective, Moota Labs reserves a choice to remedy the
situation either by means of solving the defect or substitute delivery.
- In the event of any failure of the Licensed Application to conform to any applicable warranty, You may
notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to
You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other
warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims,
damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
- If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation
amounting to twelve (12) months after the Licensed Application was made available to the user. The
statutory periods of limitation given by law apply for users who are consumers.
9. Product Claims
Moota Labs and the End-User acknowledge that Moota Labs, and not the Services, is responsible
for addressing any claims of the End-User or any third party relating to the Licensed Application or the
End-User's possession and/or use of that Licensed Application, including, but not limited to:
- product liability claims;
- any claim that the Licensed Application fails to conform to any applicable legal or regulatory
requirement; and
- claims arising under consumer protection, privacy, or similar legislation.
10. Legal Compliance
You represent and warrant that You are not located in a country that is subject to a US
Government embargo, or that has been designated by the US Government as a "terrorist supporting"
country; and that You are not listed on any US Government list of prohibited or restricted parties.
11. Contact Information
For general inquiries, complaints, questions or claims concerning the Licensed Application,
please contact:
Charles Mutabazi
KG 7 Ave
Gasabo, Kigali Rwanda
[email protected]
12. Termination
The license is valid until terminated by Moota Labs or by You. Your rights under this license
will terminate automatically and without notice from Moota Labs if You fail to adhere to anv term(s) of this
license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all
copies, full or partial, of the Licensed Application.
13. Third-Party Terms Of Agreements & Beneficiary
Moota Labs represents and warrants that Moota Labs will comply with applicable third-party terms
of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for
Minimum Terms of Developer's End-User License Agreement," Google's subsidiaries shall be
third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and
conditions of this License Agreement, Google will have the right (and will be deemed to have accepted the
right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
14. Intellectual Property
Moota Labs and the End-User acknowledge that, in the event of any third-party claim that the
Licensed Application or the End-User's possession and use of that Licensed Application infringes on the
third party's intellectual property rights, Moota Labs, and not the Services, will be solely responsible
for the investigation, defense, settlement, and discharge or any such intellectual property infringement
claims.
15. Applicable Law
This License Agreement is governed by the laws of Rwanda excluding its conflicts of law
rules.
16. Miscellaneous
- If any of the terms of this agreement should be or become invalid, the validity of the remaining
provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that
will achieve the primary purpose.
- Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding
clause can only be waived in writing.