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Software License and Service Agreement

[Important Notice]

HBC Studio s.r.o. (hereinafter referred to as HBC) hereby reminds the user to carefully read and fully understand the Software License and Service Agreement (this “Agreement”).   Please read carefully and choose to accept or not accept this Agreement. By downloading, installing and using the software, as well as obtaining and logging in your account, you agree to accept this Agreement and to be fully bound by its terms.

HBC reserves the right to amend this Agreement. Updated and become effective from the date of publication. The user can re-download and install the software or view the latest version of the terms of this Agreement on our website. After HBC has amended the terms of this Agreement, if you do not accept the amended terms, please immediately discontinue using of the “HBC Bikers – Ride, Fun & Help!” software and services provided by HBC; the user’s continued use of the “HBC Bikers – Ride, Fun & Help!” software and services provided by HBC will be deemed acceptance of the amended terms of this Agreement.

1. General Provisions

1.1. This Agreement is the agreement concluded by and between you (hereinafter referred to as the “User”) and HBC and its operation partner (hereinafter referred to as the “Partner”) concerning the User’s downloading, installation and use of the “HBC Bikers – Ride, Fun & Help!” software (hereinafter referred to as the “Software”) of HBC and use of relevant services of HBC.

1.2. The Software and services are provided by HBC for installation on (including but not limited to) mobile smart terminal devices.

1.3. The ownership and right-to-operate of the Software and services shall be vested in HBC.

2. Statement on Intellectual Property Rights

2.1. HBC is the intellectual property right holder of the Software. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the Software, and all information related to the Software (including but not limited to unique content, ideas, gameplay, text, pictures, audio, video, graphics, interface design, layout, source code, data or electronic documents, etc.) are protected by the laws and regulations of the Slovak Republic, EEC legislation and corresponding international treaties. HBC enjoys the above intellectual property rights.

2.2.Without the prior written consent of HBC , the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. HBC reserves the right to pursue legal liability for such acts.

3. Scope of Software Licensing

3.1. HBC grants the User a personal, non-transferable and non-exclusive license to use the Software without the right to sublicense.

3.2. The User can install, use, display and run the Software on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use or run the Software for commercial operation purposes. The User shall not copy, alter or modify any data of the Software, or any data released to the memory of any terminal device during the running of the Software and the interactive data generated between the client and the server during the running of the Software, or run the Software with plug-ins, or create any derivative work in any form, including but not limited to plug-ins, access to the Software and related systems through unauthorized third-party tools/services. If you need to sell, copy or distribute the Software commercially, e.g. software pre-installation and bundling, you must obtain the written authorization and license from HBC.

3.3. Without the permission of HBC, the User shall not install the Software on other terminal devices that are not expressly permitted by HBC, including but not limited to set-top box.

4. Software Installation & Upgrading

4.1. The User shall download and install the Software from the website App Store or Google Play in the manner designated by HBC. Be aware not to download the Software on unspecified websites, so as to prevent mobile devices from infecting malicious programs that can destroy user data and acquire user privacy information. If you acquire the Software or the installation program with the same name as the Software from a third party that has not been authorized by HBC, HBC cannot guarantee it will be used normally and HBC accepts no liability for any loss thereby caused to you.

4.2. The User must select the Software version that matches the terminal device installed. Otherwise, any software problems, device problems or damages resulting from mismatch between the Software version and the device model shall be solely assumed by the User.

4.3. In order to improve User experience and optimize service content, HBC reserves the right to provide replaced, modified and upgraded version of the Software. The Software will enable “upgrade prompt” feature by default for the User. Depending on the Software version used by the User, HBC provides the User with the discretion to or not to enable the said feature. After the new version of the Software is released, HBC does not guarantee that older versions of the Software will continue to be usable.

5. Usage Specifications

5.1. The User may use the Software and services in accordance with this Agreement and laws. The User shall not commit the following acts:

5.1.1. Delete any copyright information on the Software and other copies, or modify, delete or circumvent the technical measures set by the Software for the protection of intellectual property rights;

5.1.2. Perform reverse engineering of the Software, such as disassembly, recompilation or other attempts to obtain the source code of the Software;

5.1.3. Add, remove or change the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, whether or not for commercial purposes;

5.1.4. Use the Software to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others and delete, modify or add any information stored; unauthorized attempts to detect, scan or test the Software system or network weaknesses or do other things that destruct network security; attempt to interfere with or destruct the normal operation of the Software system or website, deliberately spread malicious programs or viruses, or carry out other acts that destruct or interfere with normal network information services; forge the name or partial names of TCP/IP data packet;

5.1.5.The User logs in or uses the Software and services through third party compatible software or systems not developed, authorized or approved by HBC , or makes, publishes or disseminates the above tools;

5.1.6.Without the written consent of HBC, the User does anything on the Software or the information contained therein, including but not limited to using, leasing, lending, copying, modifying, setting up a link, reproducing, compiling, releasing, publishing, establishing a mirror image website, or unauthorized use of the Software to develop related derivative products, works, services, plug-ins, compatibility or interconnection;

5.1.7. Use the Software to publish, transmit, disseminate or store any content that violates national laws, endangers national security or public order, or any improper, insulting, obscene or violent content, or any content in violation of national laws and regulations; any content that infringes the legitimate rights such as intellectual property rights and trade secrets of others; advertising information or spam in bulk

5.1.8. Use the Software and other services provided by HBC, in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the licensed usage under this Agreement;

5.2. Information Publication Specifications

5.2.1. You shall not use the Software to commit the following acts, including but not limited to:

5.2.1.1. Produce, reproduce, publish, disseminate or store any of the following contents that violate national laws and regulations.

5.2.1.2.Publish, transmit, disseminate or store any content that infringes the legitimate rights such as reputation right, portrait right, intellectual property rights and trade secrets of others;

5.2.1.3. Make up the fact or conceal the truth to mislead or deceive others;

5.2.1.4. Publish, transmit or disseminate advertising information or spam;

5.2.1.5. Engage in other acts that violate laws and regulations, policies, public order and so on.

5.2.2. Without the permission of HBC, you shall not carry out any commercial conduct in the Software, such as advertising, selling merchandise.

5.3. You understand and agree that:

5.3.1. HBC will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to you or take other restrictive measures that may be taken in accordance with this Agreement;

5.3.2. HBC will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during use of the licensed Software;

5.3.3.If you violate the above-mentioned usage specifications and thus cause damages to third parties, you need to assume the liability in your own name independently and to hold HBC harmless from and against any loss or expense arising therefrom;

5.4 The User shall indemnify and hold harmless HBC from and against any and all losses, third-party claims, administrative penalties, damages and/or expenses, including reasonable attorney fees, investigation and evidence collection costs, incurred or suffered by HBC resulting from the User’s violation of relevant laws or breach of this Agreement.

6. Service Risk and Disclaimer

6.1. The User must procure the device required for Internet access and the usage of telecom value-added services and bear the communication fees, information fees and related costs incurred by Internet access of personal mobile terminal device or charged by third parties (including but not limited to telecommunications and mobile communication providers). If any telecom value-added services are needed, you are advised to confirm the costs with your telecom value-added service provider.

6.2. Neither HBC nor its Partner is liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failure, technical problem, network or mobile terminal device failure, system instability and other various force majeure factors.

6.3. The Software, like most other Internet software, may be affected by factors including but not limited to user reasons, network service quality, social environment differences, etc., and may also be subject to the harassment relating to various security problems, such as the usage of data of the User by others, resulting in harassment in real life; other software downloaded and installed by the User or other websites visited by the User contain or may contain “Trojan horse” and other viruses, threatening the security of the User’s terminal device information and data, and then affecting the normal use of the Software. The User shall enhance the awareness of information security and user data protection, and pay attention to strengthening password protection, so as to avoid loss and harassment.

6.4. When the User uses the Software or requests HBC to provide specific services, the Software may call a third party system or software to support the User’s use or access. The results of the use or access will be provided by the third party. HBC does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does HBC assume any other uncertain risks; if any dispute or damage is caused thereof, HBC will not assume any liability.

6.5. HBC specifically draws the User’s attention to that, in order to protect the company’s business development and adjustment autonomy, HBC has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.

6.6. Except as expressly provided in laws and regulations, we will do our utmost to ensure that the Software and the technology and information involved are safe, effective, accurate and reliable; however, subject to the existing technology, the User understands that HBC cannot guarantee it.

6.7. The User shall be solely liable for any personal injuries or incidental or consequential damages, including but not limited to loss of profit, loss of data, business interruption or other commercial damages arising out of or in connection with: (1) the use or failure to use the licensed Software; (2) unauthorized use of the Software or modification of the User’s data by a third party; (3) costs and losses incurred by the User during use of the Software; (4) misunderstanding by the User of the Software; (5) other losses in connection with the Software for reasons not attributable to HBC.

6.8. In the event of any personal or economic damages or losses that have been or may be caused due to the conduct performed by the User and other software users through any software, or due to the User’s being misled or deceived, the faulting party shall assume all liabilities arising thereof.

7. Amendment

7.1. HBC reserves the right to amend the terms of this Agreement from time to time at its sole discretion, and any such amended terms will be timely published on relevant web pages. If you do not agree to any amendment, you shall take the initiative to cancel the services. If you continue to use the services, it shall be deemed your acceptance of the amended Agreement.

7.2. HBC or the Partner reserves the right from time to time and at its sole discretion to modify or change the paid services provided, the charging criteria, charging mode, service charges or service terms. In providing the services, HBC may start to charge some users for certain fees now or in the future. If the User refuses to pay such fees, the User will not be able to continue using relevant services after the charging starts. HBC and the Partner will do their utmost to notify the User of any amendments or changes by email or otherwise.

8. Applicable Law and Dispute Resolution

8.1. The validity and interpretation of this Agreement shall be governed by the laws of the Slovak Republic. In the absence of relevant legal provisions, reference may be made to international business practices and/or business practices.

8.2. Both the User and HBC agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction in Slovak republic.

9. Miscellaneous

9.1. For any specific service of the Software, there may be a separate agreement and related business rules, etc. (hereinafter collectively referred to as the “separate agreement”), so please read and agree to relevant separate agreement before using such specific service.

9.2. The headings to all the terms of this Agreement are for ease of reference only and shall be ignored in interpreting this Agreement.

9.3. If any provision of this Agreement is or becomes invalid or unenforceable for whatever reasons, the remaining provisions hereof shall remain in full force and effect and binding upon both Parties hereto.