Terms and Conditions
End User License Agreement for Soda Mobile and Soda Desktop
The Soda Mobile / Desktop software application that is made available to download
from this website ("Software") is the property of SODA PTE. LTD. (“SODA”). Use of
the Software is governed by the End User License Agreement (“Agreement”) spelt out
herein. You will be unable to install any Software unless you first agree to the
Agreement terms. If you do not agree to all of the terms of this Agreement, you
must click the button that indicates that you do not accept the terms of this Agreement
and you must not install the software.
- The Software is made available for download, solely for use by end users according
to the Agreement. Without limiting the foregoing, copying or reproduction of the
Software to any other server or location for further reproduction or redistribution
is expressly prohibited, unless such reproduction or redistribution is expressly
permitted by the license agreement accompanying such software.
- As a condition of your use of the Software and the accompanying services (“Services”),
you will not use the Software and Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the Software and Services
in any manner that could damage, disable, overburden, or impair any server, or the
network(s) connected to any server, or interfere with any other party's use of any
software and services.
- Subject to the terms and conditions of this Agreement, you may use the Software
at no charge provided that you have acquired the trial or paid license of at least
one of the Services, including but not limited to the Soda Personal Service and
Soda Premium Service.
- Other than net income taxes imposed on SODA and/or its authorized distributors and
resellers, you will bear all taxes, duties, and other governmental charges (collectively,
“taxes”) resulting from your purchase of the Services.
- SODA grants you a non-exclusive, non-transferable right to install, execute, perform
and use the Software solely by the number of Licensed Users for which you have purchased
a license. All use of the Software must be in accordance with the Documentation,
including, without limitation, use of the Software on the hardware and software
platforms specified in the Documentation.
- The Software may be delivered with certain items of third-party code that are licensed
under separate terms provided by the authors (“Third Party Code”). This Third Party
Code is licensed under the terms of the license that accompany such Third Party
Code. Nothing in this Agreement limits your rights under, or grants you rights that
supersede, the terms and conditions of any applicable license for any Third Party
Code delivered with the Software.
- Licensed users shall have the right to receive software updates via download for
the version of the Software for which you have a valid license. SODA does not warrant
that the operation of the Software will be error free or uninterrupted. It is your
responsibility to ensure that the Software is suitable for your needs and the entire
risk as to the performance and results of the Software is assumed by you.
- SODA will not be liable for any loss or damage whatsoever and howsoever occasioned
whether or not arising from or in connection with your access and/or use of the
Software including any direct, indirect, consequential or special loss (including
without limitation, loss of profit or interest), and including (but not limited
to the following):
- any incompatibility between your equipment and the Software or any equipment used
by SODA including but not limited to any adverse outcome, damage, loss, disruption,
violation, irregularity or failure arising from the use of or reliance on computing
device hardware, software, electronic devices, online networks and/or telecommunication
systems;
- any loss or damage caused by failure or fault in equipment, software, hardware or
Internet browsers, Internet service providers, telecommunication service providers
or other service providers such as SMS providers or system operators, or their respective
agents or subcontractors, any industrial dispute or any other person or circumstance
beyond SODA’s control;
- any cessation, interruption or delay in transmission or any wrongful interception
of any instructions through any telecommunications, computer or other electronic
equipment or system (whether or not owned, operated or maintained by SODA or by
any other person and whether or not used in the provision or operation of any Account,
services offered by SODA or the Software);
- any delay, destruction or alteration of any authorisations, instructions, data or
information transmitted or received by you using the Software or any error in the
transmission of the said instructions, data or information;
- any misuse or failure by you or anyone else to correctly use your equipment for
the use the Software);
- any loss, theft of or unauthorised use of any user information including without
limitation your userid and/or password and/or authentication key arising from the
use of the Software;
- any failure by you to follow the most updated instructions and procedures for using
the Software;
- any loss associated with systems failures, processing errors, software defects,
operating mistakes, hardware breakdowns, capacity inadequacies, network vulnerabilities,
control weaknesses, security shortcomings, malicious attacks, hacking incidents,
fraudulent actions and inadequate recovery capabilities which arise despite SODA’s
best efforts;
- any other loss arising from any new type of threats as manifested in denial of service
attacks which may occur despite SODA’s best efforts;
- any corruption or loss of any data (whether stored in any equipment, terminal or
system, whether belonging to or operated by SODA or you) or your instructions or
in the course of transmission thereof through the Internet or any computer or any
electronic or telecommunications equipment, terminal or system used or operated
by SODA or any other person whether or not in connection with any Account or the
provision or operation of any services or the Software, including any errors generated
in the transmission of any data or instructions;
- any cessation or interruption of the availability or operation of the Software;
and
- any damage to your computing system or device and any loss of data resulting from
the use of the Software.
- All intellectual property in the Software and accompanying documentation are the
exclusive property of SODA. You are permitted to use the Software solely in the
manner specified in the accompanying documentation. Without prejudice to the generality
of the foregoing, you shall not alter, modify, adapt or translate the whole or any
part of the Software in any way whatever nor permit the whole or any part of the
Software to be combined with or become incorporated in any other computing programs
nor decompile, disassemble or reverse engineer the same nor attempt to do any of
such thing.
- The trade and service marks used in the Software are the sole and exclusive property
of SODA or other relevant third parties. No right or license is given for any reproduction
or use of any such trade and service marks.
- By your use and/or continued use of the Software you signify your agreement to indemnify
and to keep SODA, its directors, employees, nominees, agents and independent contractors
fully and effectively indemnified against all actions, liabilities, costs, claims,
losses, damages, proceedings and/or expenses (including all legal costs on an indemnity
basis) suffered or incurred by SODA including but not limited to, in connection
with or arising from:
- your use of the Software; and
- any unauthorised instructions (including but not limited to, instructions from unauthorised
person(s) and/or instructions transmitted to any third party due to unauthorized
use of the Username and/or Passwords) that might be transmitted using the Software
or any instructions which are incomplete, inaccurate or garbled.
- This Agreement shall be governed by and construed pursuant to the laws of Singapore.