Distribution License Agreement
This APK Distribution License Agreement (the “Agreement”) is made and entered into as of February 1, 2025 (the “Effective Date”) by and between you (“Developer”), and Udapk, an online service with its principal place of business is Lusonga Street, Opposite: Aljazeera Islamic Center, House no: 12, Mbinga 57443, Ruvuma, TZ.
WHEREAS, Developer is the owner and/or licensor of all Android applications uploaded under Developer’s account ( Your account); and
WHEREAS, Distributor (Udapk) desires to distribute the Applications through its website located at https://udapk.com (the “Website”);
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. Grant of License:
By clicking the “I Agree” button, Developer grants to UDAPK a non-exclusive, worldwide, royalty-free license to reproduce, distribute, and make available for download the APK files of the Applications through this Website.
2. Scope of License:
This license covers all Applications uploaded under Developer’s account, including all versions, updates, modifications, and enhancements thereto, whether currently existing or later developed, made available by Developer during the term of this Agreement.
This license includes the right to distribute the Applications in their original, unmodified form.
. Udapk shall not modify, reverse engineer, or otherwise alter the Applications.
. Udapk shall not sublicense the Applications to any third parties.
3. Term and Termination:
This Agreement shall commence on the Effective Date and shall continue to be active unless terminated in accordance with the terms of this Agreement.
Either party may terminate this Agreement with fourteen (14) days’ written notice for any reason.
. You may terminate this Agreement immediately upon written notice to Udapk if Udapk breaches any term of this Agreement.
4. Representations and Warranties:
You represent and warrants that you have all necessary rights and authority to grant the license granted herein.
Udapk represents and warrants that it will distribute the Applications in accordance with all applicable laws and regulations.
5. Indemnification:
Each party shall indemnify and hold harmless the other party from and against any and all claims, damages, and expenses arising out of or related to its breach of this Agreement.
6. Responsibilities of UDAPK:
UDAPK shall:
* Make the Applications available for download on the Website.
* Provide Developer (You) with total downloads count.
* Promote your applications on major search engines including Google, Bing etc.
* Provide reasonable customer support related to the download and installation of the Applications.
7. Intellectual Property Rights:
Developer ( You ) retains all ownership and rights to the Applications, including all copyrights, trademarks, and other intellectual property rights therein.
This Agreement grants UDAPK a license to distribute the Applications only and does not transfer any ownership rights.
8. Warranty Disclaimer:
THE APPLICATIONS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
9. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF EACH PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO TZS 10,0000/=.
10. Dispute Resolution:
Any dispute arising out of or relating to this Agreement shall be resolved through mediation followed by binding arbitration, in accordance with the laws of Tanzania.
11. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of Tanzania.
12. Entire Agreement:
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
By clicking the “I Agree” button, You agree to the terms of this Agreement.