A. TERMS OF YOUR ORDER
This Order Form Supplement is a legally binding agreement and a part of each order form by which the Customer ordered the Wooqer service (an "Order Form"). The Order Form and this Order Form Supplement are governed by the Master Subscription Agreement. Customer’s installation or use of Wooqer service and/or any updates to such software provided by wooqer.com (the "Software") or Customer’s signature on this order constitutes Customer’s agreement to the Master Subscription Agreement that governs this order. Master Subscription Agreement covering the Wooqer services, which may be found at https://wooqer.com/legal (“Master Subscription Agreement”), is incorporated herein by this reference. and describes Wooqer’s provision of the Wooqer services to Customer under this Order Form (“Order”), unless otherwise stated in the Master Subscription Agreement or this order. This Order Form Supplement adjusts certain terms of the Master Subscription Agreement, solely with respect to the product/service. Except as set forth herein, the terms and conditions of the Master Subscription Agreement between you and Wooqer (including any updated URL Terms or other applicable web-based terms in effect as of the date of this document) shall apply to the products and/or services set forth on this document. The Customer represents that the Customer has the authority to bind the Customer to these terms, and represents that the Customer is an authorized User under the Master Subscription Agreement between Wooqer and the Customer. Capitalized terms used but not defined in this Order Form Supplement have the meanings given to them in the Master Subscription Agreement. This document is non-cancellable and all fees are non-refundable, unless otherwise explicitly stated in this document or in the Agreement. For clarity, the Service Start Date shall be the date this document is signed by you, unless a different date is specified as the Service Start Date.
2. SOFTWARE LICENSE
The Software, including software embedded in the Software, is licensed, not sold, to the Customer by Wooqer only under the terms of the Master Subscription Agreement, the Order Form and this Order Form Supplement, and Wooqer reserves all rights not expressly granted to the Customer. This Software may include some third-party software; please see the Documentation for additional notices required by our licensors. The Customer or you own the media or device on which the Software is recorded or stored but Wooqer retains ownership of the Software itself.
3. PERMITTED LICENSE USES AND RESTRICTIONS
(a) This Order Form Supplement allows you, as an authorized User under the Master Subscription Agreement, to use the Software on any Supported Device and on no other devices.
(b) You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
(c) With respect to updates to the Software that wooqer.com may make available for download, this Order Form Supplement allows you to download such Software updates to update or restore the Software on any Supported Device.
(d) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Software, neither you nor any other Customer personnel may copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software updates, or any part thereof. Any attempt to do so is a violation of the rights of wooqer.com and its licensors. If you or any other Customer personnel violate this restriction, you or they, and the Customer, may be subject to prosecution and damages.
(e) Neither you nor the Customer may rent, lease, lend, redistribute or sublicense the Software. The Customer may, however, allow other authorized Users under the Master Subscription Agreement to use the Software in connection with a re-assignment of the Supported Device to another authorized User under the Master Subscription Agreement.
(f) The Software is available only for Supported Devices, and is not available for all devices. Please check www.wooqer.com or contact your wooqer.com representative to determine whether a specific device-Android software combination is supported by the Software.
(g) In addition to mobile applications offered by wooqer.com (and for purposes of this section (g), “Wooqer” shall include any Affiliates of Wooqer), Wooqer may offer platforms for the creation of third-party applications, including but not limited to the Wooqer platform. Third parties may obtain information from, or access data stored on, Users’ mobile devices to provide services associated with any third-party mobile applications that Users download, install, use, or otherwise interact with over a wooqer.com platform. Wooqer’s applications may also contain links or integrations to other applications provided by third parties. Wooqer.com is not responsible for the security and privacy of data collected through third-party applications or the privacy and security practices of the foregoing third parties.
(h) Without limiting the generality of anything herein, you acknowledge and agree that the Software may collect user or device data for the purposes of providing services or functions that are relevant to use of the Software.