END USER LICENCE AGREEMENT

Last updated October 28, 2022

Balancika’s range of Applications which include BK-Sale, BK-Sign, BK-Stock, BK-POS Captain Order, BK-POS Retail, and

BK-POS Restaurant, collectively referred to as (“Balancika Apps”), are licensed to You (End-User) by Balancika

(Cambodia) Co., Ltd., located and registered in Phnom Penh, Cambodia (“Licensor”), for use only under the terms of

this Licensed Agreement.

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and

are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability,

maintenance and support thereof. Balancika (Cambodia) Co., Ltd., not the Services, is solely responsible for the

Licensed Application(s) and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest

Apple Media Services Terms and Conditions and Google Play Terms of Service ('Usage Rules'). Balancika (Cambodia)

Co., Ltd. acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not

conflicting with them.

1. THE APPLICATION

2. SCOPE OF LICENSE

3. MAINTENANCE AND SUPPORT

4. USE OF DATA

5. LIABILITY

6. WARRANTY

7. CONTACT INFORMATION

8. TERMINATION

9. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

10. INTELLECTUAL PROPERTY RIGHTS

convenience to users of the cloud based Balancika ERP system which comprised Accounting software (“AME”), Point

of Sale (“POS”), Customer Relation Management (“CRM”) software, and Human Resources Management (“HRM”)

software.

To use these apps, you must be a user of Balancika AME or other Balancika Applications and have Balancika support

team to set up server-side configuration for you.

2. SCOPE OF LICENCE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed

Applications on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the

exception that such Licensed Applications may be accessed and used by other accounts associated with You (End-

User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Applications provided by Licensor that replace, repair,

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create

derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Applications, or any part

thereof (except with Balancika (Cambodia) Co., Ltd.'s prior written consent).

2.5 You may not copy (excluding when expressly authorised by this license and the Usage Rules) or alter the Licensed

Applications or portions thereof. You may create and store copies only on devices that You own or control for backup

keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device

or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third

parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Applications,

You must ensure that You comply with applicable third-party terms and conditions.

3. MAINTENANCE AND SUPPORT

3.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed

Applications. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for these

Licensed Applications.

Your personal information, and that Licensor's use of such material and information is subject to Your legal

agreements.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your

device, system, and application software, and peripherals, offer product support, facilitate the software updates, and

for purposes of providing other services to you (if any) related to the Licensed Applications. Licensor may also use this

information to improve its products or to provide services or technologies to you, as long as it is in a form that does

not personally identify you.

5. LIABILITY

5.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross

negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable

in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The

documentation.

6.2 No warranty is provided for the Licensed Applications that is not executable on the device, that has been

unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or

software, used within appropriate accessories, regardless if by Yourself or by third parties, or if there are any other

reasons outside of Balancika (Cambodia) Co., Ltd.'s sphere of influence that affect the executability of the Licensed

Applications.

6.3 You are required to inspect the Licensed Application immediately after installing it and notify Balancika (Cambodia)

Co., Ltd. about issues discovered without delay by email provided. The defect report will be taken into consideration

Services Store Operator, and Your Licensed Applications purchase price will be refunded to You. To the maximum

extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever

with respect to the Licensed Applications, and any other losses, claims, damages, liabilities, expenses, and costs

attributable to any negligence to adhere to any warranty.

6.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting

to twelve (12) months after the Licensed Applications were made available to the user. The statutory periods of

limitation given by law apply for users who are consumers.

7. CONTACT INFORMATION

The license is valid until terminated by Balancika (Cambodia) Co., Ltd. or by You. Your rights under this license will

terminate automatically and without notice from Balancika (Cambodia) Co., Ltd. if You fail to adhere to any term(s) of

this license. Upon License termination, You shall stop all use of the Licensed Applications, and destroy all copies, full

or partial, of the Licensed Applications.

9. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Balancika (Cambodia) Co., Ltd. represents and warrants that Balancika (Cambodia) Co., Ltd. will comply with applicable

third-party terms of agreement when using Licensed Applications.

In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User License Agreement',

both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and

upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the

Licensed Applications or the End-User's possession and use of that Licensed Applications infringes on the third party's

intellectual property rights, Balancika (Cambodia) Co., Ltd., and not the Services, will be solely responsible for the

11. APPLICABLE LAW

This License Agreement is governed by the laws of Cambodia excluding its conflicts of law rules.

12. MISCELLANEOUS