Screen Shot:

Sample screen shot from Hokm Card Game.

 

Mobile Application End User License Agreement

 

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you and Hokm Technology Inc (“Hokm”), and governs your use of Hokm’s mobile games and other mobile applications (collectively, the “Application”).  The Application is licensed, not transferred, to you.

Please read this Agreement carefully, because it sets forth the important terms you will need to know about this Application.  In this Agreement, the terms “you” and “yours” refers to the person using this Application.  The terms “we,” “our,” “us,” and “Hokm” refer to Hokm.  By clicking “ok” or downloading, installing or using this Application you acknowledge that you have read and understand this Agreement and agree to abide by this Agreement.  If you do not agree with any of these terms, do not download, install or use this Application and delete it from your mobile device.

The servers that host this Application are located in the United States, and any personal details you provide us will be processed by Hokm in the United States.  For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy [link to Privacy Policy].  Hokm expressly excludes any representation or warranty, express or implied, with respect to the information available on this Application.  Hokm makes no representation about any third-party websites that may be accessed via links from this Application.  By using this Application, you agree that the law of the State of California, without regard to its conflict of laws principles, will govern all matters between you and Hokm with respect to your use of this Application.

1. Intellectual Property Rights:


1.1 License.  Subject to the terms of this Agreement, Hokm grants to you a limited, non-exclusive and nontransferable license to (a) download, install and use the Application for your personal, non-commercial use on mobile device(s) owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and (b) access, stream, download and use on such Mobile Device the Content (defined below) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.


1.2 Ownership.  You acknowledge and agree that the Application is provided under license, and not transferred, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all the terms and conditions of this Agreement. Hokm and its licensors reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights (hereinafter “Intellectual Property Rights”) therein or relating thereto, except as expressly granted to you in this Agreement.
All content, text, images, data, information and other material displayed, available or present on this Application (“Content”), including any Intellectual Property Rights, are the property of Hokm, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws.  You should assume that everything you see or read on this Application is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in this Agreement.


1.3 Authorized and Prohibited Uses.  You may use the Application and the Content only for non-commercial, informational, personal use, and only so long as you comply with this Agreement and applicable laws. Except as may otherwise be expressly authorized by this Agreement, you may not otherwise reproduce, sell, publish, distribute, modify, display, create derivative works or improvements, or use any of this Application or the Content without our prior written permission.  You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Application or the Content.  You agree not to reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof, or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.

2. Application Administration:


2.1 Updates. Hokm may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Hokm has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:  (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.  You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.


2.2 Access to Application.  You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Application.  While it is Hokm’s objective is to make the Application accessible 24 hours per day, 7 days per week, the Application or portions thereof may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Hokm, access to the Application may be interrupted, suspended or terminated from time to time.  Hokm shall have the right at any time to change or discontinue any aspect or feature of the Application, including, but not limited to, the Application itself, Content, hours of availability and equipment needed for access or use.


2.3 Import/Export Control.  The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.


2.4 US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

3. Warranty Disclaimers:

THIS APPLICATION, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND, AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  HOKM, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS APPLICATION (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

4. Limitations on Liability and Remedies:

Hokm'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH Hokm (INCLUDING WITHOUT LIMITATION YOUR USE OF THE Application) IS TO DISCONTINUE YOUR USE OF THE Application.  Hokm SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS Application OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH Hokm.  THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF Hokm HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Hokm’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  in any event, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION are NOT ENFORceaBLE IN AN APPLICABLE JURISDICTION, The maximum liability of Hokm will be limited to THE correction or deletion of any inaccurate Content or link.

5. Indemnification:

You agree to defend, indemnify and hold harmless Hokm and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys’ fees, arising in connection with your use of this Application, breach of this Agreement, or dealings or transactions with other persons resulting from use of this Application. 

6. Term and Termination

6.1 Term

The term of Agreement commences when you download and install the Application and acknowledge your acceptance, and will continue in effect until terminated by you or Hokm as set forth in this Section 6.


6.2 Termination

You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.  Hokm may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.  Upon termination: (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

7. Miscellaneous

7.1 Third Party Sites and Other Information. 

This Application contains content, links and other information submitted by third parties over whom Hokm has no control or responsibility, as well as translations thereof which Hokm may arrange.  Hokm has no obligation to monitor, control or restrict the use of this Application, or third party applications or websites accessible via links on this Application.  These other sites are not under Hokm’s control, and you acknowledge that (whether or not such sites are affiliated in any way with Hokm) Hokm is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Hokm or any association with its operators.  


7.2 Privacy Policy.

Hokm is concerned about privacy and has developed a policy to address privacy concerns (the “Privacy Policy”) [insert link].  The Privacy Policy is hereby incorporated into this Agreement by reference, and constitutes a part of this Agreement.


7.3 Dispute Resolution; Applicable Law and Forum.

With respect to any and all disputes arising out of or in connection with this Application or this Agreement (including without limitation the Privacy Policy), Hokm and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.  Hokm has no obligation to become involved in any dispute between a user and any other person. This Application, this Agreement and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Hokm and you agree that all disputes arising under this Agreement shall be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and shall be resolved by confidential binding arbitration administered by the International Chamber of Commerce (“ICC”) in San Francisco, California or another forum mutually agreed upon by you and Hokm, pursuant to the Commercial Arbitration Rules (“Rules”) of the ICC by sole arbitrator nominated by agreement of you and Hokm and confirmed in accordance with the Rules.  If ICC is not hearing consumer commercial disputes at the time, Hokm may select another arbitral body in its sole discretion.  The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction.  You agree that Hokm is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of this Agreement pending a final arbitral decision.


7.4 Modification of Agreement, Etc. 

This Agreement and the Privacy Policy referenced herein constitute the complete agreement between you and Hokm with respect to their subject matter and supersede any prior agreement or communication. This Agreement is subject to amendment, and your continued use of this Application subsequent to Hokm’s notification to you of amendment of this Agreement through an Update shall constitute your agreement to the amendments. If any term or provision of this Agreement shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of this Agreement, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Hokm shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Agreement.  Your obligations pursuant to this Agreement shall survive termination of any use by you of this Application, any Content on this Application, or this Agreement.


7.5 Contact Information. If you have any questions regarding this Agreement or this Application, please contact us by email at hokmsupport@hokmtechnology.com.