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Terms and Conditions.

Terms and Conditions

 

Multiable Terms of Service

Last modified: January 1, 2013

Welcome to Multiable!

Thanks for using our products and services (“Services”). The Services are provided by Multiable Company (“Multiable”), located at 1/F, Dominion Centre, 43-59 Queen’s Road East, Hong Kong.

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not Multiable’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your Cloud@Work ID (CAW ID)

You may need a CAW ID in order to use some of our Services. You may create your own CAW ID, or your CAW ID may be assigned to you by an administrator, such as your employer or educational institution. If you are using a CAW ID assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

Privacy and Copyright Protection

Multiable’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Multiable can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Multiable’s policy about responding to notices.

Your Content in our Services

Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload or otherwise submit content to our Services, you give Multiable (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

You can find more information about how Multiable uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Multiable gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Multiable, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Multiable may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MULTIABLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, MULTIABLE, AND MULTIABLE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MULTIABLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, MULTIABLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Multiable and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Multiable and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Hong Kong, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in Hong Kong, and you and Multiable consent to personal jurisdiction in those courts.

For information about how to contact Multiable, please visit our contact page.

 

 

 

Multible Privacy Policy

Last modified: January 1, 2013

There are many different ways you can use our services – to search for and share information, to communicate with other people or to create new content. When you share information with us, for example by creating a Cloud@Work ID (CAW ID), we can make those services even better – to show you more relevant search results and ads, to help you connect with people or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.

Our Privacy Policy explains:

  • What information we collect and why we collect it.
  • How we use that information.
  • The choices we offer, including how to access and update information.

We’ve tried to keep it as simple as possible, but if you’re not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to Multiable so whether you are new to Multiable or a long-time user, please do take the time to get to know our practices – and if you have any questions contact us.

Information we collect

We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like which ads you’ll find most useful or the people who matter most to you online.

We collect information in two ways:

  • Information you give us. For example, many of our services require you to sign up for a CAW ID. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible CAW Profile, which may include your name and photo.
  • Information we get from your use of our services. We may collect information about the services that you use and how you use them, like when you visit a website that uses our advertising services or you view and interact with our ads and content. This information includes:
    • Device information

We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Multiable may associate your device identifiers or phone number with your CAW ID.

    • Log information

When you use our services or view content provided by Multiable, we may automatically collect and store certain information in server logs. This may include:

      • details of how you used our service, such as your search queries.
      • telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls.
      • Internet protocol address.
      • device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
      • cookies that may uniquely identify your browser or your CAW ID.
    • Location information

When you use a location-enabled Multiable service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.

    • Unique application numbers

Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Multiable when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.

    • Local storage

We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

    • Cookies and anonymous identifiers

We use various technologies to collect and store information when you visit a Multiable service, and this may include sending one or more cookies or anonymous identifiers to your device. We also use cookies and anonymous identifiers when you interact with services we offer to our partners, such as advertising services or Multiable features that may appear on other sites.

How we use information we collect

We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect Multiable and our users. We also use this information to offer you tailored content – like giving you more relevant search results and ads.

We may use the name you provide for your CAW Profile across all of the services we offer that require a CAW ID. In addition, we may replace past names associated with your CAW ID so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible CAW Profile information, such as your name and photo.

When you contact Multiable, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

We may use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer. When showing you tailored ads, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.

We may combine personal information from one service with information, including personal information, from other Multiable services – for example to make it easier to share things with people you know. We will not combine DoubleClick cookie information with personally identifiable information unless we have your opt-in consent.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

Multiable processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.

Transparency and choice

People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:

  • View and edit your ads preferences, such as which categories might interest you, using the Ads Preferences Manager. You can also opt out of certain Multiable advertising services here.
  • Use our editor to see and adjust how your CAW Profile appears to particular individuals.
  • Control who you share information with.
  • Take information out of many of our services.

You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences.

Information you share

Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines. Our services provide you with different options on sharing and removing your content.

Accessing and updating your personal information

Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.

We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Information we share

We do not share personal information with companies, organizations and individuals outside of Multiable unless one of the following circumstances apply:

  • With your consent

We will share personal information with companies, organizations or individuals outside of Multiable when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.

  • With domain administrators

If your CAW ID is managed for you by a domain administrator (for example, for CAW Apps users) then your domain administrator and resellers who provide user support to your organization will have access to your CAW ID information (including your email and other data). Your domain administrator may be able to:

    • view statistics regarding your account, like statistics regarding applications you install.
    • change your account password.
    • suspend or terminate your account access.
    • access or retain information stored as part of your account.
    • receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
    • restrict your ability to delete or edit information or privacy settings.

Please refer to your domain administrator’s privacy policy for more information.

  • For external processing

We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

  • For legal reasons

We will share personal information with companies, organizations or individuals outside of Multiable if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

    • meet any applicable law, regulation, legal process or enforceable governmental request.
    • enforce applicable Terms of Service, including investigation of potential violations.
    • detect, prevent, or otherwise address fraud, security or technical issues.
    • protect against harm to the rights, property or safety of Multiable, our users or the public as required or permitted by law.

We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

If Multiable is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

Information security

We work hard to protect Multiable and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

  • We encrypt many of our services using SSL.
  • We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
  • We restrict access to personal information to Multiable employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Application

Our Privacy Policy applies to all of the services offered by Multiable Company and its affiliates, including services offered on other sites (such as our advertising services), but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include Multiable services, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Enforcement

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Changes

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

Specific product practices

The following notices explain specific privacy practices with respect to certain Google products and services that you may use:

  • Multiable CAW Apps Marketplace

 

 

 

Multiable CAW Apps Marketplace Terms of Service

1. Introduction

1.1 The Multiable CAW Apps Marketplace ("Market") is owned and operated by Multiable Company. Your use of the Multiable CAW Apps Marketplace is governed by a legal agreement between you and Multiable consisting of the Multiable Terms of Service  and these Multiable CAW Apps Marketplace Terms of Service (together called the "Terms"). In addition, your use of the Market is subject to the Program Policies. The Multiable CAW Apps Marketplace Terms of Service, Multiable CAW Apps Market Program Policies, and Multiable Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.

1.2 You may use Multiable CAW Apps Marketplace to browse, locate, download, or purchase Products (defined as data files, applications, written text, software, music, audio files or other sounds, photographs, videos or other images) and Professional Services (defined as services) for your service (your "Buyer Service"). Some of these Products and Professional Services may be offered by Multiable while others may be made available by third-parties not affiliated with Multiable. You agree that Multiable is not responsible for any Product or Professional Service on the Market that originates from a source other than Multiable. Additionally, some Products or Professional Services may be made available to you at no charge while other Products or Professional Services may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the Market.

1.3 You accept the Terms by either (1) clicking to agree or accept where these options are presented to you, or (2) actually using the Multiable CAW Apps Marketplace. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to the Terms; (ii) that you have read and understand the Terms; and (iii) that you agree, on behalf of the party that you represent, to the Terms. If you don't have the legal authority to bind, please do not click the "I Accept" button or use the Multiable CAW Apps Marketplace.

2. Multiable's Provision of Multiable CAW Apps Marketplace

2.1 You agree that Multiable may stop (permanently or temporarily) providing the Market (or any features within the Market) to you or to users generally at Multiable's sole discretion, without prior notice to you.

2.2 You agree that if Multiable disables access to your account, you may be prevented from accessing the Market, your account details or any files or other Products or Professional Services that are stored with your account.

2.3 Multiable may make available to you various payment processing methods to facilitate the purchase of Products or Professional Services from the Market. You agree to abide by any relevant Terms of Service or other legal agreement, whether with Multiable or a third party, that governs your use of a given payment processing method. You agree that Multiable reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.

2.4 From time to time, Multiable may discover a Product or Professional Service on the Market that violates the Multiable CAW Apps Marketplace Developer Distribution Agreement or other legal agreements, laws, regulations or policies. You agree that in such an instance Multiable retains the right to remotely remove those applications or services from your Buyer Service at its sole discretion.

3. Your Use of Multiable CAW Apps Marketplace

3.1 In order to access certain services in the Market, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to Multiable will always be accurate, correct and up to date.

3.2 You agree to use the Market only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all applicable export controls, including, but not limited to law of Hong Kong. By using the Market, you represent and warrant that you are not prohibited from receiving exports or services under Hong Kong or other applicable export laws. You agree to comply with all local laws and regulations regarding the download, installation or use of the Products or Professional Services.

3.3 You agree not to access (or attempt to access) the Market by any means other than through the interface that is provided by Multiable, unless you have been specifically allowed to do so in a separate agreement with Multiable. You specifically agree not to access (or attempt to access) the Market through any automated means (including use of scripts, crawlers, or similar technologies) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Market website.

3.4 You agree that you will not engage in any activity that interferes with or disrupts the Market (or the servers and networks which are connected to the Market). You agree that you will not use any of the Products or Professional Services found on the Market in a way that interferes or disrupts any servers, networks, or websites operated by Multiable or any third-party.

3.5 Unless you have been specifically permitted to do so in a separate agreement with Multiable, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Market for any purpose.

3.6 You agree that you are solely responsible for (and that Multiable has no responsibility to you or to any third party for) your use of the Market and any Products or Professional Services, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which Multiable may suffer) of any such breach.

3.7 You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Market or the purchase of Products or Professional Services through the Market, and that the reporting and payment of any such applicable taxes are your responsibility.

3.8 You agree that Multiable or third parties own all right, title and interest in and to the Market and the Products or Professional Services available through the Market, including without limitation all applicable Intellectual Property Rights in the Products or Professional Services. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products or Professional Services, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Products or Professional Services, (iii) use the Products or Professional Services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Multiable's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Products or Professional Services.

3.9 Multiable reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Products or Professional Services from the Market. However, you agree that by using the Market you may be exposed to Products or Professional Services that you may find offensive, indecent or objectionable and that you use the Market at your own risk.

4. Multiable Services and Third Party Products and Services

4.1 Some Products or Professional Services (whether developed by Multiable or third parties) may contain features that are used in conjunction with other Multiable services. Accordingly, your use of such features in those Products or Professional Services is also governed by Multiable's Terms of Service located at http://www.google.com/terms_of_service.html, Multiable's Privacy Policy located at http://www.google.com/privacypolicy.html, as well as any applicable Multiable Service-specific Terms of Service and Privacy Policy.

4.2 Some components of Products or Professional Services (whether developed by Multiable or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the Terms and any such licenses, the open source software licenses shall prevail with respect to those components.

5. Automatic Updates

5.1 Products or Professional Services originating from Multiable may communicate with Multiable servers from time to time to check for available updates to the Products or Professional Services, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing these Products or buying these Professional Services, you agree to such automatically requested and received Updates.

6. Export Restrictions

6.1 Products or Professional Services available on the Market may be subject to export controls or restrictions by Hong Kong or other countries or territories. You agree to comply with all applicable Hong Kong and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.

7. Indemnification

7.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Multiable, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Market, including your downloading, installation, or use of any Products or Professional Services, or your violation of these Terms.

8. Termination

8.1 These Terms will continue to apply until terminated by either you or Multiable as set out below.

8.2 If you want to terminate these Terms, you may do so by ceasing your use of Market and any Products or Professional Services purchased from the Market.

8.3 Multiable may at any time, terminate these Terms with you if: (A) you have breached any provision of these Terms; or (B) Multiable is required to do so by law; or (C) Multiable decides to no longer provide the Market.

8.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Multiable have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 11.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

9. DISCLAIMER OF WARRANTIES

9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MARKET AND ANY PRODUCTS OR PROFESSIONAL SERVICES OBTAINED THROUGH THE MARKET IS AT YOUR SOLE RISK AND THAT THE MARKET IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9.2 YOUR USE OF THE MARKET AND ANY PRODUCTS OR PROFESSIONAL SERVICES OBTAINED THROUGH THE USE OF THE MARKET IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

9.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MULTIABLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR PROFESSIONAL SERVICES OBTAINED THROUGH THE MARKET AS WELL AS THE MARKET ITSELF.

9.4 NONE OF THE PRODUCTS OR PROFESSIONAL SERVICES ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PRODUCTS OR PROFESSIONAL SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

10. LIMITATION OF LIABILITY

10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT MULTIABLE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE MARKET OR ANY PRODUCTS OR PROFESSIONAL SERVICES OBTAINED FROM THE MARKET, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT MULTIABLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

11. General Legal Terms

11.1 These Terms constitutes the whole legal agreement between you and Multiable and govern your use of the Market, Products, and Professional Services and completely replace any prior agreements between you and Multiable in relation to the Market, Products, and Professional Services.

11.2 You agree that if Multiable does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Multiable has the benefit of under any applicable law), this will not be taken to be a formal waiver of Multiable's rights and that those rights or remedies will still be available to Multiable.

11.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

11.4 You acknowledge and agree that each member of the group of companies of which Multiable is the parent shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms.

11.5 The rights granted in the Terms may not be assigned or transferred by either you or Multiable without the prior written approval of the other party. Neither you nor Multiable shall be permitted to delegate their responsibilities or obligations under these Terms without the prior written approval of the other party.

11.6 These Terms and your relationship with Multiable under these Terms shall be governed by the laws of Hong Kong without regard to its conflict of laws provisions. You and Multiable agree to submit to the exclusive jurisdiction of the courts located within the county of Hong Kong to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that Multiable shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

January 2013