Last updated: 21st August 2022

This End-User License Agreement (referred to as the “EULA”) is a legally binding agreement between you, the Licensee, an individual customer or entity, and Africa Proverbs, the company, and the author of Africa Proverbs, the Software, Application or App, which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and the Licensor’s liability to you, and shall govern all access to and use of this Software, Application or App. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.

By installing, copying, or otherwise using the Licensed Product (Software, Application or App), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use this Software, Application or App.

Definitions

“EULA” shall refer to this End-User-License-Agreement, including any amendment to this Agreement.

“Licensee” shall refer to the individual or entity that downloads and uses the Software.

“Licensor” shall refer to the company or author, Africa Proverbs, located at 888 Main Street, New York, NY 10044.

“Software/Application/App/Licensed product” shall mean Africa Proverbs, the Licensed Product provided pursuant to this EULA.

Grant of License

Subject to the terms of this EULA, Africa Proverbs hereby grants to the Licensee, a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software, Application or App. Licensee is not allowed to make a charge for distributing this Software, Application or App either for profit or merely to recover media and distribution costs.

Intellectual Property

You hereby unconditionally agree that all rights, title and interest in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensor or respective copyright holders including Apple and Google. Therefore, all rights, titles, interests, and copyrights in and/or to the Software, Application or App including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor and/or the respective copyright holders. Accordingly, the Software, Application or App is protected by applicable copyright laws and international treaties, and the Licensee is not expected to use the Software, Application or App or any intellectual property contained therein, except as provided for in this EULA.

Disallowed Content

Any illegal, seditious, sexist and/or abusive content or material is not permitted to be used with this Software, Application or App. Any content depicting nudity, violence, bullying, abuse or content that incites hatred of any group or content that is otherwise objectionable, including but not limited to text, photographs, graphics, images, videos, animations, audio, music, and data, is not permitted to be used with this Software, Application or App. Accordingly, you hereby unconditionally agree that the Licensor may remove from the use of this Software, Application or App any such content posted by you at any time without giving you any notice. The Licensor will ban and permanently remove any offender who violates these terms from the use of this Software, Application or App. The Licensor reserves the right to seek other legal remedies.

Description of Rights and Limitations

Installation and Use: Licensee may install and use the Software, Application or App on a shared computer and/or mobile device or concurrently on different computers and/or mobile devices, and make multiple back-up copies of the Software, Application or App solely for the Licensee’s business and/or personal use.

Reproduction and Distribution: The Licensee may not duplicate or re-distribute copies of the Software, Application or App without the Licensor’s express written permission.

Licensee Limitation: The Licensee may not:

1. Use the Licensed Product for any purpose other than for personal and/or business, non-commercial, purposes;
2. Use the Licensed Product for any illegal, unlawful, or disallowed purpose;
3. Gather content or any other portion of the Licensed product by any automated means, including but not limited to database scraping or screen scraping; or
4. Reverse engineer, de-compile, or disassemble the Software, Application or App except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.

Update and Maintenance

Africa Proverbs shall provide updates and maintenance on an annual basis or as-needed basis.

Support

Africa Proverbs may provide technical support on as-needed basis. The Licensor has no obligation to support the use of this Software, Application or App, or to continue providing or updating any of the Software, Application or App.

General Provisions

Termination

In the event of termination, all licenses provided under this EULA shall immediately cease to apply, and you agree to discontinue accessing or attempting to access this Licensed product.

This EULA may be:

1. Automatically be terminated if the Licensee fails to comply with any of the terms and conditions under this EULA;
2. Terminated by Africa Proverbs without cause; or
3. Terminated by the Licensee without cause.

Non-Transferability

This EULA is not assignable or transferable by the Licensee without the prior written consent of Africa Proverbs; and any attempt to do so shall be void.

Integration

Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgment of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.

Severability

No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. The provisions of this EULA shall continue to be enforceable and valid in isolation of any unenforceable and invalid provisions of this EULA.

Warranty and Disclaimer

Africa Proverbs, and author of this Software, Application or App, expressly disclaim any warranty. The Licensed Product and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts no risk arising out of the use or performance of this Software, Application or App.

Limited Liability

The Licensee agrees that Africa Proverbs shall not be liable to Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. These limitations shall necessarily apply regardless of the primary purpose of any remedy. Under no circumstances shall Africa Proverbs aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee to Africa Proverbs for the Software, Application or App.

Indemnification

You hereby agree to indemnify and hold Africa Proverbs harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against Africa Proverbs, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.

Entire Agreement

This Agreement constitutes the entire understanding between Africa Proverbs and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.

Governing Law and Jurisdiction

This EULA shall be deemed to be construed under the jurisdiction of the courts located in New York, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought exclusively in the courts of New York, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this EULA is made within the exclusive jurisdiction of New York, and its jurisdiction shall supersede any other jurisdiction of either party’s election.