1. The agreement
This End User Licence Agreement (“Agreement”) is concluded between you
and PANDAREN TRADING LIMITED, a company incorporated in
Hong Kong with its registered office at Rm 22B, 22/F, Kiu Yin Commercial
Building, 361–363 Lockhart Road, Wan Chai, Hong Kong (“Pandaren”,
“we”, “us”).
By downloading, installing or using a Licensed Application, you accept
this Agreement. If you do not accept it, do not install or use the
Licensed Application.
Certain Apple-mandated provisions are set out in section 13. Where a
product is distributed through the App Store, this Agreement applies in
place of Apple's standard Licensed Application End User Licence
Agreement, save that the terms in section 13 always apply.
2. Licence granted
We grant you a non-transferable, non-exclusive, revocable licence to use
the Licensed Application on any Apple-branded device that you own or
control, as permitted by the Usage Rules of the Apple Media Services
Terms and Conditions, or — for products distributed outside the App
Store — on the devices specified at the point of purchase.
The licence is granted for personal or internal business use. The
Licensed Application is licensed to you, not sold. All rights not
expressly granted are reserved.
3. Restrictions
You may not:
- copy the Licensed Application except as permitted by this licence or by applicable law;
- reverse engineer, decompile or disassemble it, except to the extent that such restriction is prohibited by law;
- rent, lease, lend, sell, redistribute or sublicense it;
- remove, obscure or alter any proprietary notice;
- use it to develop a competing product by copying its features or assets;
- circumvent any technical limitation, licensing check or in-app purchase mechanism.
4. Purchases, in-app purchases and subscriptions
Where a Licensed Application is distributed through the App Store, Apple
is the merchant of record. Prices are displayed before purchase and are
charged to your Apple Account.
4.1 Auto-renewing subscriptions
- Payment is charged to your Apple Account at confirmation of purchase.
- The subscription renews automatically unless auto-renewal is turned off at least 24 hours before the end of the current period.
- Your account is charged for renewal within 24 hours prior to the end of the current period, at the price of the selected plan.
- You can manage subscriptions and turn off auto-renewal in your Apple Account settings after purchase.
- Any unused portion of a free trial period, where offered, is forfeited when you purchase a subscription to that product.
4.2 One-time purchases
Products sold as a one-time purchase are licensed for the lifetime of
the product, subject to this Agreement and to continued platform
support. We do not remove purchased functionality from a product after
you have paid for it.
5. Refunds
Because Apple processes App Store transactions, refunds are requested
from and decided by Apple at
reportaproblem.apple.com.
We are not able to issue refunds for App Store purchases directly. This
does not affect any statutory right of withdrawal or consumer guarantee
you may have under the law of your country of residence.
6. Your content
You retain all rights to the content you create with our software. We
claim no ownership over it. Where a product stores your content on your
device or in your own iCloud container, you remain responsible for
keeping backups.
If a product allows you to submit content to us or to other users, you
grant us the limited licence needed to host, transmit and display that
content for the purpose of operating the feature — nothing more.
7. Acceptable use
You agree not to use our software:
- in breach of any applicable law or regulation;
- to infringe the rights of others, including intellectual property and privacy rights;
- to transmit malware, or to attempt to gain unauthorised access to any system;
- to harass, threaten or harm another person, where a product includes any communication feature;
- in a manner that could disable, overburden or impair any service we provide.
8. Intellectual property
The Licensed Applications, their source code, artwork, pixel art,
music, sound, characters, names, logos and the “Pandaren” marks
are owned by PANDAREN TRADING LIMITED or its licensors and are protected
by copyright, trade mark and other laws. Third-party open-source
components, where used, are governed by their own licences, which are
listed inside the relevant product.
9. Updates and availability
We may issue updates that fix defects, add features or maintain
compatibility with new operating-system releases. Some updates may be
required for continued use. We may discontinue a product or a feature;
where we do, we will give reasonable notice through the product or this
website, and we will not deliberately disable software you have already
purchased and installed.
10. Warranty disclaimer
To the maximum extent permitted by applicable law, the Licensed
Applications are provided “as is” and “as
available”, without warranties of any kind, whether express,
implied or statutory, including implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We do not warrant
that the software will be uninterrupted or error-free.
Some jurisdictions do not allow the exclusion of implied warranties, so
some of the above may not apply to you. Nothing in this Agreement
excludes or limits your mandatory statutory consumer rights.
11. Limitation of liability
To the maximum extent permitted by law, PANDAREN TRADING LIMITED shall
not be liable for any indirect, incidental, special, consequential or
punitive damages, nor for loss of profits, data, goodwill or business
interruption, arising out of or in connection with the Licensed
Applications.
Our total aggregate liability arising out of or relating to a Licensed
Application shall not exceed the greater of (a) the amount you paid for
that Licensed Application in the twelve months preceding the event
giving rise to the claim, or (b) USD 50.
Nothing in this Agreement excludes liability for death or personal
injury caused by negligence, for fraud, or for any other liability that
cannot lawfully be excluded.
12. Termination
This Agreement is effective until terminated. It terminates
automatically if you fail to comply with any of its terms. You may
terminate it at any time by deleting the Licensed Application and all
copies. Sections 8, 10, 11, 14 and 16 survive termination.
13. Apple-required terms
The following provisions apply to Licensed Applications obtained through
the App Store, and are included to satisfy Apple's minimum terms.
13.1 Acknowledgement
You and we acknowledge that this Agreement is concluded between you and
PANDAREN TRADING LIMITED only, and not with Apple. Pandaren
Limited, not Apple, is solely responsible for the Licensed Application
and its content.
13.2 Scope of licence
The licence granted to you is limited to a non-transferable licence to
use the Licensed Application on Apple-branded products that you own or
control, as permitted by the Usage Rules set out in the Apple Media
Services Terms and Conditions.
13.3 Maintenance and support
PANDAREN TRADING LIMITED is solely responsible for providing maintenance
and support for the Licensed Application, as specified in this Agreement
or as required by applicable law. Apple has no obligation whatsoever to
furnish any maintenance and support services.
13.4 Warranty
PANDAREN TRADING LIMITED is solely responsible for any product
warranties, whether express or implied by law, to the extent not
effectively disclaimed. In the event of any failure of the Licensed
Application to conform to any applicable warranty, you may notify Apple,
and Apple will refund the purchase price (if any) for the Licensed
Application to you. To the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with respect to
the Licensed Application, and any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any
warranty will be PANDAREN TRADING LIMITED's sole responsibility.
13.5 Product claims
PANDAREN TRADING LIMITED, not Apple, is responsible for addressing any
claims by you or any third party relating to the Licensed Application or
your possession and use of it, including: (i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection, privacy or similar legislation, including in
connection with the Licensed Application's use of the HealthKit and
HomeKit frameworks where applicable.
13.6 Intellectual property rights
In the event of any third-party claim that the Licensed Application or
your possession and use of it infringes that third party's intellectual
property rights, PANDAREN TRADING LIMITED, not Apple, will be solely
responsible for the investigation, defence, settlement and discharge of
such claim.
13.7 Legal compliance
You represent and warrant that you are not located in a country subject
to a U.S. Government embargo or designated as a “terrorist supporting”
country, and that you are not listed on any U.S. Government list of
prohibited or restricted parties.
13.8 Developer name and address
Questions, complaints and claims with respect to the Licensed
Application should be directed to:
PANDAREN TRADING LIMITED, Rm 22B, 22/F, Kiu Yin
Commercial Building, 361–363 Lockhart Road, Wan Chai, Hong Kong —
dev@pandarentrading.com.
13.9 Third-party terms
You must comply with applicable third-party terms of agreement when
using the Licensed Application.
13.10 Third-party beneficiary
You and we acknowledge and agree that Apple, and Apple's subsidiaries,
are third-party beneficiaries of this Agreement, and that upon your
acceptance of it Apple will have the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a
third-party beneficiary.
14. Governing law and disputes
This Agreement is governed by the laws of the Hong Kong Special
Administrative Region, without regard to its conflict-of-laws rules, and
the courts of Hong Kong shall have non-exclusive jurisdiction.
If you are a consumer resident in the European Union, the United Kingdom
or another jurisdiction whose law grants you the protection of mandatory
local rules, this choice of law does not deprive you of that protection,
and you may also bring proceedings in the courts of your place of
residence.
15. Changes to these terms
We may amend this Agreement to reflect changes to our products or to the
law. The version and date at the top of this page identify the current
text. Material changes will be notified in the affected product or on
this website before taking effect. Continued use after the effective
date constitutes acceptance; if you do not accept, stop using the
Licensed Application.