End User Licence Agreement

Introduction

This EULA is a legal agreement between you ("User") and Market Sourcing Solutions Pty Ltd ACN 672 365 990 ("Licensor", "we", "us", or "our"), the developer and operator of the Swoopa mobile application (the "Application").

1 Grant of Licence

Market Sourcing Solutions Pty Ltd grants you a revocable, non-exclusive, non-transferable, limited right to download, install, and use the Swoopa application for your personal, non-commercial purposes on mobile devices owned or controlled by you, and strictly in accordance with the terms and conditions of this EULA.

2 Restrictions

You agree not to, and you will not permit others to:

• Licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
• Modify or make derivative works based upon the Application.
• Reverse engineer, disassemble, decompile, decrypt, or attempt to derive the source code of the Application.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Licensor or its affiliates, partners, suppliers or the licensors of the Application.

3 Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Licensor. Nothing in this EULA shall be deemed to grant you any ownership rights in the Application.

4 Your Contributions

The Application may, from time to time, in Licensor's sole discretion, enable you to upload, submit, store, send or receive content and data ('User Content') and/or access or share User Content that was uploaded, submitted, stored, sent or received by others. You retain ownership of any intellectual property rights that you hold in that User Content.

By sharing User Content via the Application, you grant to Licensor a worldwide, royalty-free licence to host, store, use, process, reproduce, modify, adapt, publish, transmit, display and distribute such User Content for the limited purpose of operating and providing the Application.

5 Services & Third-Party Materials

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ('Third-Party Services'). You acknowledge and agree that Licensor shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.

6 Term & Termination

This EULA shall remain in effect until terminated by you or Licensor. Licensor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice.

This EULA will terminate immediately, without prior notice from Licensor, in the event that you fail to comply with any provision of this EULA. You may also terminate this EULA by deleting the Application and all copies thereof from your mobile device.

Upon termination of this EULA, you shall cease all use of the Application and delete all copies of the Application from your mobile device.

7 Indemnification

You agree to indemnify, defend and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this EULA.

8 No Warranties

9 Limitation of Liability

10 Governing Law & Jurisdiction

These terms are governed by the laws of Australia. You irrevocably consent to the exclusive jurisdiction and venue of courts in Australia for all disputes arising out of or relating to the use of the Application.

11 Changes to this EULA

Licensor reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of Licensor.

By continuing to access or use our Application after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Application.

12 Contact Information

If you have any questions about this EULA, please contact us:

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