Please read the following terms and conditions very carefully. If you do not agree with the following terms and conditions, do not download or install this software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions.
1. Use of the R'ket application
This agreement (Agreement) is entered into between you (You) and Avantis Laboratory (Thailand) Company Limited. Subject to the terms and conditions of this Agreement, You are hereby granted the non-transferable right to use this software (R'ket Application) solely for personal, non-commercial purposes. You may not use the R'ket Application in any manner that may impair, overburden, damage, disable or otherwise compromise
(i) Avantis Laboratory's services;
(ii) any other party's use and enjoyment of Avantis Laboratory’s services; or
(iii) the services and products of any third parties (including, without limitation, the Authorized Device)
You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the R'ket Application, including, without limitation, any usage rules set forth in the online application store terms of service.
From time to time, Avantis Laboratory may automatically check the version of R'ket Application installed on the Authorized Device and, if applicable, provide updates for the R'ket Application (Updates). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the R'ket Application. By installing the R'ket Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary.
Your use of the R'ket Application and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). Avantis Laboratory reserves the right to temporarily disable or permanently discontinue any and all functionality of the R'ket Application at any time without notice and with no liability to you. For the avoidance of doubt, this Agreement is solely between Avantis Laboratory and You.
If you need to contact Avantis Laboratory about the R'ket Application, you may do so by calling +662-284-1192, by emailing [email protected] or by writing to Avantis Laboratory Company Limited 559/67 Thanapat Haus Chongnonsi Yannawa Bangkok 10120 Thailand
2. Proprietary Rights
You hereby acknowledge that Avantis Laboratory owns all rights, titles and interest in and to the R'ket Application and to any and all proprietary and confidential information contained therein (R'ket Information). The R'ket Application and R'ket Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to)
(i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the R'ket Application or otherwise attempt to derive source code from the R'ket Application;
(ii) copy, distribute, transfer, sell or license the R'ket Application;
(iii) transfer the R'ket Application to, or use the R'ket Application on, a device other than the Authorized Device;
(iv) take any action to circumvent, compromise or defeat any security measures implemented in the R'ket Application;
(v) use the R'ket Application to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights;
(vi) remove, obscure, or alter Avantis Laboratory's (or any third party's) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the R'ket Application
Content made available through the R'ket Application (Content) is protected by applicable intellectual property rights and is the property of Avantis Laboratory, its third party licensors and partners (as applicable), and other entities that provide such content to Avantis Laboratory. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the R'ket Application hereunder. Avantis Laboratory and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.
3. Termination
You may terminate this Agreement at any time by permanently deleting the R'ket Application in its entirety from the Authorized Device, whereupon (and without notice from Avantis Laboratory) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of this Agreement, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the R'ket Application from the Authorized Device.
4. Indemnity
You agree to hold harmless and indemnify Avantis Laboratory and its subsidiaries, affiliates, officers, agents, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of the R'ket Application or your violation of this Agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Avantis Laboratory will provide you with written notice of such claim, suit or action.
5. Disclaimer Of Warranties
THE R'KET APPLICATION IS PROVIDED ON AN AS IS BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVANTIS LABORATORY 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. YOUR USE OF THE R'KET APPLICATION IS AT YOUR SOLE RISK. AVANTIS LABORATORY SHALL NOT BE OBLIGATED TO PROVIDE YOU WITH ANY MAINTENANCE OR SUPPORT SERVICES IN CONNECTION WITH THE R'KET APPLICATION. AVANTIS LABORATORY MAKES NO WARRANTY
(I) THAT THE R'KET APPLICATION WILL MEET YOUR REQUIREMENTS;
(II) THAT THE R'KET APPLICATION WILL BE ERROR-FREE;
(III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE R'KET APPLICATION; AND
(IV) THAT ANY ERRORS IN THE R'KET APPLICATION WILL BE CORRECTED.
ANY CONTENT OR MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE R'KET APPLICATION IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR AUTHORIZED DEVICE (OR ANY OTHER DEVICE) OR ANY LOSS OF DATA THAT MAY RESULT FROM DOWNLOADING ANY SUCH CONTENT OR MATERIAL. THE R'KET APPLICATION IS NOT INTENDED FOR USE IN ANY ACTIVITIES DURING WHICH THE FAILURE OF THE R'KET APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVANTIS LABORATORY OR THROUGH THE R'KET APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
6. Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVANTIS LABORATORY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AVANTIS LABORATORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE R'KET APPLICATION;
(II) THE INABILITY TO USE THE R'KET APPLICATION TO ACCESS CONTENT OR DATA;
(III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
(V) ANY OTHER MATTER RELATING TO THE R'KET APPLICATION
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Exclusions and Limitations
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 6 AND 7 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND AVANTIS LABORATORY'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Miscellaneous Provisions
This Agreement is the complete and exclusive statement of the agreements between the parties with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto. The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement. If any provision of this Agreement shall to any extent be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the R'ket Application or this Agreement must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. The section headings in this Agreement are for convenience only and have no legal or contractual effect.