End User License Agreement

Date of Last Revision: 09 July 2015

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FLOURISHER SOLUTIONS. IF YOU ARE OBTAINING A LICENSE ON BEHALF OF AN ORGANIZATION, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION AND THAT THE ORGANIZATION WILL BE BOUND BY THESE TERMS, AND THE TERM “YOU” SHALL THEN REFER TO YOU AND YOUR ORGANIZATION. BY USING THIS SOFTWARE OR THE ORBYO SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT WITH RESPECT TO THE ACCOMPANYING SOFTWARE AND THE TERMS AND CONDITIONS FOUND AT WWW.ORBYO.COM. These Terms apply to all visitors, users and others who access or use the Service. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SOFTWARE or service..

  1. Age Restrictions

    If you are not fourteen (14) years old or older, you may not use this software or the orbyo service. If you are fourteen (14) or older but under the age of eighteen (18), then you agree to review these terms and conditions with your parent or guardian prior to installation and use of the software to make sure that both you and your parent or guardian understand and agree and you agree to have your parent or guardian review and accept this agreement on your behalf. If you are a parent or guardian entering this agreement for the benefit of a child aged (14) or older, then you agree to and accept full responsibility for that child's use of the Orbyo software and service, including all financial charges and legal liability that he or she may incur.

  2. Orbyo software or Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

  3. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

  4. Safety

    This Software, together with the Orbyo service is designed by FLOURISHER SOLUTIONS to permit others to view, add text on the profile created for your places. The profile of your places includes geographic location (can be viewed in map), content, text and images. It is also designed to integrate to other social media like facebook, twitter etc. to provide you with events and information near the place you have created. Installation and use of the Software may involve special risks associated with other persons knowing your location.

  5. You should not endanger yourself or others by viewing a portable mobile device while driving, operating dangerous mechanical devices, or in other situations in which you should be observing your surroundings.

  6. Software License

    Subject to the terms and conditions in this End User License Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable license to install and use a copy of the Software on a single mobile device in object code form only and solely in connection with the Orbyo service. You may not use it for any other purpose. Any software that updates, supplements or replaces the original Software is governed by this End User License Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this End User License Agreement or as otherwise provided in such separate terms.

  7. License Limitations

    We reserve all rights not expressly granted to you in this End User License Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) rent, lease, loan, license or sell the Software; (b) distribute the Software except as expressly authorized by Flourisher Solutions; (b) reverse engineer, decompile, disassemble or attempt to discover the source code for the Software; (d) modify, alter or create any derivative works of the Software; or (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software.

  8. Ownership

    The Software is owned by Flourisher Solutions and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title and interest in and to the Software, including all copyright and other intellectual property rights in the Software.

  9. Disclaimers

    THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, THE SOFTWARE IS PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. FLOURISHER SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLOURISHER SOLUTIONS DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS, AND FLOURISHER SOLUTIONS SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE SERVICE OR ANY OTHER PRODUCT OR SERVICE ASSOCIATED THEREWITH.

  10. Limitation of Liability

    IN NO EVENT WILL FLOURISHER SOLUTIONS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATING TO THE SOFTWARE OR THIS END USER LICENSE AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF FLOURISHER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  11. Termination

    FLOURISHER SOLUTIONS may terminate this End User License Agreement and any user accounts opened in connection with your use of the Software at any time for any reason or for no reason immediately upon notice. Upon such termination, you agree not to download, copy, install or use the Software (including any subsequent version of the Software) or register for any new user accounts. FLOURISHER SOLUTIONS may also discontinue the service, in which case this End User License Agreement shall terminate automatically without notice. In the event of the termination of this End User License Agreement for any reason: (a) the license granted to you in this End User License Agreement will terminate; (b) you must immediately upon receiving any notice of termination cease all use of the Software and destroy or erase all copies of the Software in your possession or control. Sections 4-10, 12-15 shall survive termination.

  12. Indemnity

    You agree to indemnify and hold harmless FLOURISHER SOLUTIONS and its employees, officers, directors, parents, subsidiaries, agents, contractors, suppliers, affiliates and/or licensors (the "Affiliates") from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning (A) any third party access, use or misuse of the Software, through your mobile device or under your account, whether or not authorized by you, or (B) your violation of this User Agreement or any applicable laws (collectively "Claims"), and agree to reimburse them on demand for any liabilities, losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims, including costs of defense of such Claim.

  13. Assignment

    You may not assign this Agreement or any of your rights under this End User License Agreement or the FLOURISHER SOLUTIONS terms and conditions of service without the prior written consent of FLOURISHER SOLUTIONS, and any attempted assignment without such consent shall be void.

  14. Jurisdiction

    Jurisdiction and Governing Law: This Agreement shall be governed by the laws of India. All disputes, claims and actions arising out of this Agreement or its validity will be subject exclusively to the jurisdiction of the competent courts at Bangalore, Karnataka, India, irrespective of the place of residence or business of the User, or the place from which the website www.orbyo.com and/or the Orbyo Service/s are accessed or availed.

  15. Severability

    If any term of this End User License Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.

  16. No Waiver

    No waiver of any right under this End User License Agreement will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this End User License Agreement.

  17. Entire Agreement

    This End User License Agreement, together with the terms and conditions of the service, constitute the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this End User License Agreement by any representations or promises not specifically stated herein.