LICENSE

Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the Farmdar Pvt. Ltd. (“Farmdar”) mobile application ‘E-SURVEY’ (“Mobile App”), which allows You to access Farmdar’s internet-delivered service from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Farmdar (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App.

This EULA governs your use of the Mobile App, as well as any services, functions, and content provided through the Mobile App (collectively “Services”).

1. License

   1. Subject to the terms of this EULA, Farmdar grants you a limited, non-exclusive, and nontransferable license to:

      1. download, install, and use the Mobile App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with these terms; and

      2. access, stream, download, and use on such Mobile Device the Services (also defined in Schedule I hereto) made available in or otherwise accessible through the Mobile App, all strictly in accordance with this EULA and any terms and conditions associated with such Services.

1. LICENSE RESTRICTION

   1. The Mobile App and Services are provided for your personal, non-commercial use only. You acknowledge that Farmdar reserves the right to discontinue the Mobile App and Services, in whole or in part, at any time. When using the Mobile App or Services, you agree to comply with all applicable federal, provincial, and local laws including, without limitation, copyright law. Except as expressly permitted in this EULA, by applicable law (notwithstanding the limitations below), or as Farmdar or an applicable Service Provider may expressly otherwise permit, you shall not:

      1. copy the Mobile App or Services

      2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobile App or Services;

      3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Mobile App or Services, or any part thereof;

      4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Mobile App or Services, including any copy thereof;

      5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile App or Services, or any features or functionality of the Mobile App or Services, to any third party for any reason, including by making the Mobile App or Services available on a network where it is capable of being accessed by more than one device at any time; or

      6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile App or Services; or

      7. use the Mobile App or Services for any unlawful purpose, or in violation of any third-party rights.

2. reservation of rights

   1. You acknowledge and agree that the Mobile App is provided under license, and not sold, to you. You do not acquire any ownership interest in the Mobile App under this EULA, or any other rights thereto other than to use the Mobile App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. Farmdar and its Service Providers reserve and shall retain their entire right, title, and interest in and to the Mobile App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA

3. Changes to this EULA

   1. Farmdar reserves the right to modify this EULA at any time and for any reason. If Farmdar makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Farmdar’s website even if these updated terms appear online at Farmdar’s website before being posted on the Mobile App. Your continued use of the Mobile App after Farmdar publishes notice of changes to this EULA indicates Your consent to the updated terms.

4. No Included Maintenance and Support 

   1. Farmdar may deploy changes, updates, or enhancements to the Mobile App at any time. Farmdar may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.

5. app stores

   1. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party from whom you downloaded the Mobile App – e.g., the Apple iTunes, Google Play, or such other application store compatible with your Mobile Device (each, an “App Store”). You further acknowledge and agree:

      1. this Agreement is between you and Company and not with the App Store;

      2. the App Store is not responsible for: (i) the Mobile App, Services or; (ii) any maintenance, support services; or (C) addressing any claims relating to Mobile App, Services or Service Content (e.g., product liability, legal compliance or intellectual property infringement);

      3. you will pay the fees (if any) charged by the App Store in connection Mobile App;

      4. to comply with, and that your license to use the Mobile App is conditioned upon your compliance with, all applicable App Store terms and conditions; and

      5. the App Store (and its subsidiaries) are intended third-party beneficiaries of all terms in this Agreement applicable to the App Store (including, any restrictions on the use of the Mobile App or Services that, if violated, materially impact the rights of an App Store) and have the right to enforce them directly against you.

6. Acceptable Use 

   1. You agree that You will not use or encourage others to use the Mobile App as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.  

7. Privacy; collection and use of your information

   1. You acknowledge that when you download, install, or use the Mobile App, Farmdar may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Mobile App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Mobile App or certain of its the Services, and the Mobile App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Mobile App is subject to and governed by the terms of our Privacy Policy, annexed to the EULA as SCHEDULE I and which forms an integral part of this EULA (“Privacy Policy”). By downloading, installing, using, and providing information to or through this Mobile App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

8. Consent to Electronic Communications and Solicitation. 

   1. By downloading the Mobile App, You authorize Farmdar to send You (including via email and push notifications) information regarding the Mobile App, such as: (a) notices about Your use of the Mobile App, including notices of violations of use; (b) updates to the Mobile App and new features or products; and (c) promotional information and materials regarding Farmdar’s products and services.  You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Mobile App settings.

9. No Warranty 

   1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

   2. The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Farmdar does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device. 

10. Limitation of lIABILITY

    1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

11. Suspension and Termination of the Mobile App

    1. Farmdar reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the App.

12. Intellectual Property Rights

    1. In the event of a third party claim that the Mobile App, or Your possession and use of the Mobile App, infringes third party’s intellectual property rights, Farmdar will have the sole right for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

13. termination

    1. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms

14. Governing Law

    1. This EULA shall be governed by and construed in accordance with the laws of the Pakistan.

15. Contact Information

    1. If You have any questions regarding this EULA, please contact Farmdar by email at info@farmdar.co.uk.

16. Third Party Beneficiaries

    1. This EULA is executed between You and Farmdar and not between you and any other party, including Apple for iOS users and Google for Android users. Farmdar is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.