THE INTERPRETATIONS AND DEFINITIONS ON THE SITES APPLY TO THIS PSLA. PLEASE READ THEM AND THIS PENNY SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING APPLIED LIVING TECHNOLOGIES LIMITED (“COMPANY”) PENNY APPLICATION (“THE SOFTWARE”). BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS LICENSE DO NOT USE THE SOFTWARE AND DELETE IT AND ANY ASSOCIATED DATA FROM YOUR HANDSET DEVICE (E.G. MOBILE PHONE)

You can view the applicable Interpretations & Definitions and other terms referenced in this PSLA by following this Link

1. General.

The Software resident on select mobile handset devices is used by an end user (“You”) to effectively participate in BBM Service Events. The Software is licensed, not sold, to you by the Company for use only under the terms of this License, and the Company reserves all rights not expressly granted to you. The rights granted herein are limited to the Company's and its licensors' intellectual property rights in The Software and do not include any other patents or intellectual property rights. You own or have the right to use the device on which The Software operates but the Company and/or the Company's licensor(s) retain ownership of The Software itself. The terms of this License will govern any software upgrades provided by the Company that replace and/or supplement the original Software product, unless such upgrade accompanied by a separate license in which case the terms of that license will govern. Title and intellectual property rights in and to any content displayed by or accessed through The Software belongs to the respective content owner. Such content may be protected, by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any ownership or rights to use such content other than for the purpose intended by the owner.

2. Permitted License Uses and Restrictions.

This License allows you to install and use one copy of The Software on a single handset device at a time. This License does not allow The Software to exist on more than one handset device at a time, and you may not make The Software available over a network where it could be used by multiple handset devices at the same time. Except as and only to the extent expressly permitted in this License, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the The Software or any part thereof. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer.

You may not rent, lease, lend or sublicense The Software. The Software may only be used for participation in a BBM Service Event and may not be resold or transferred.

4. Termination.

This License is effective until terminated. Your rights under this License will terminate automatically without notice from the Company if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of The Software and destroy all copies, full or partial, of the Software.

5. Disclaimer of Warranties.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND THE COMPANY'S LICENSORS (COLLECTIVELY REFERRED TO AS "THE COMPANY" FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN COMPANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE 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.

6. Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY 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 OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY 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.

7. Export Law Assurances.

You may not use or otherwise export or re-export the Software except as authorized by UK law and the laws of the jurisdiction in which The Software was obtained.

8. Controlling Law and Severability.

This License is governed by and construed in accordance with the laws of the United Kingdom

9. Complete Agreement; Governing Language.

This License and the applicable terms and conditions on the Company Sites constitute the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by the Company, any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

The Company reserves the right to change the terms of use of the Sites at any time.