THIS END-USER LICENCE AGREEMENT ("Licence Agreement") governs your use of the mobile banking application ("Application") used to access the online lending and other digital financial services (the "Online Services") of Fido Credit Uganda (SMC) Limited “Fido-U”, “We”, “Us”, or “Our”). It is a legal agreement between you and Fido-U (the "Licensor"). By installing, copying, or using the Application, you agree to be bound by the terms of this Licence Agreement and the terms and conditions stipulated therein:
1. Grant of Licence
1.1. The Licensor hereby grants you a non-exclusive, non-transferable, limited personal licence to install and use the Application on your mobile device for your personal use and only to access the Online Services. Such installation must occur in the Republic of Uganda.
1.2. You shall not, or allow or cause any third party to:
1.2.1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify the Application, or use the Application to develop functionally similar applications;
1.2.2. copy the Application, except as expressly permitted by this License Agreement;
1.2.3. sublicense, distribute, export or resell the Application or otherwise transfer any rights;
1.2.4. remove any proprietary or intellectual property rights notices or labels on the Application; or
1.2.5. otherwise exercise any other right to the Application not expressly granted in this Licence Agreement.
2. Ownership of Application
2.1. The Licensor owns all rights, title, and interest in and to the Application.
2.2. No licence or other right in or to the Application is granted to you except for the rights specifically set forth in this Licence Agreement.
3. Termination
3.1. This Licence Agreement is valid until terminated by you or the Licensor. 3.2. The Licensor may terminate the Licence at any time or for any reason.
3.3. Your rights under this Licence will terminate immediately if you breach any term of this Licence.
3.4. Upon termination of this Licence, you shall immediately discontinue use of the Application and delete all copies of the Application.
4. Disclaimer of Warranty
4.1. You understand and agree that the application is provided on an "as is" basis, without warranty of any kind, and the Licensor hereby issues no warranties and conditions with respect to the application, either express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.2. The Licensor does not warrant against interference with your enjoyment of the application, that the functions contained in, or services performed or provided by, the application will meet your requirements, that the operation of the application will be uninterrupted or error-free, or that defects in the application will be corrected.
5. Limitation of Liability
To the maximum extent permitted by the Applicable Law, the Licensor shall not be responsible for any loss, damage, or injury, or for any direct, indirect, special, incidental, exemplary, general, punitive or consequential damages, including, but not limited to, lost profits, arising from or related to the application and/or the installation or maintenance thereof, failure of electronic or mechanical equipment, errors, configuration or incompatibility problems, problems or delays with intermediate computer or communications networks, or any other problems you experience due to causes beyond our control.
6. Miscellaneous
6.1. This Licence Agreement and its enforcement shall be governed by the laws of the Republic of Uganda (the “Applicable Law”).
6.2. If either party waives any provision of this Licence Agreement, that waiver is not deemed to be a continuing waiver of the same or any other provision.
6.3. If any provision of this Licence Agreement is found to be unenforceable for any reason, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with Applicable Law. The remaining provisions of this Licence Agreement will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
6.4. Any rights not expressly granted in this Licence Agreement are reserved by the Licensor.
6.5. Sections 2, 4, 5 and 6 will survive termination of this Licence Agreement.
