Mobile App End User License Agreement
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and MA Design Solutions Limited whose registered office is c/o James Barry Associates, 3 The Paddocks, Lassington, Highnam, Gloucester GL2 8DD (Licensor, us or we) for:
- Coacha V1.0 mobile application software, the data supplied with the software, and the associated media (App); and
- online and / or electronic documents (which may for example include downloadable PDFs, screen casts and instructional videos) (Documents).
We license use of the App and Documents to you on the basis of this EULA, and subject to any rules or policies applied by any appstore provider or operator from whose site, located at www.apple.com/uk/itunes/charts/free-apps/, the End-user downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES AN IPHONE OR IPAD WITH A MINIMUM OF 16 GB OF STORAGE AND OPERATING SYSTEM IOS 7 AND ABOVE, AND INTERNET ACCESS.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENCE THE APP AND DOCUMENTS TO YOU, AND YOU MUST STOP THE DOWNLOADING PROCESS NOW (IF YOU HAVE ALREADY DOWNLOADED THE APP YOU MUST DELETE IT).
You should print a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an SMS with details of the change, or by notifying you of a change when you next start the App or log onto one of the websites referred to in condition 1.6. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Services on or in relation to any Device, whether or not it is owned by you.
1.6 The following Services will be governed by the following terms of service and subject to the following privacy policies, incorporated into this EULA by reference and set out at the following web addresses respectively:
1.7 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.8 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. GRANT AND SCOPE OF LICENCE
2.2 You may:
(a) download a copy of the App onto Apple iPhone version 4 and above running iOS Version 7 and above and to view, use and display the App on the Devices for your personal purposes only; and
(b) use the Documents for your personal purposes only.
3. LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to regularly and effectively back-up the data within the App / the Services onto a separate computer (for the avoidance of doubt, not onto an app or a mobile or handheld device);
(g) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(h) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(i) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together Licence Restrictions.
4. ACCEPTABLE USE RESTRICTIONS
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service,
together Acceptable Use Restrictions.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors (as the case may be), that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6. LIMITATION OF LIABILITY
6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
6.2 You acknowledge that the App, the Services and the information accessed through them should not in any circumstances be relied on:
(a) to obtain information in the event of an emergency; or
(b) as the sole record of any incidents or accidents,
and they have not been supplied to you for this purpose. We do not accept any liability whatsoever in connection with you or a third party relying on such information for these purposes.
6.3 We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.4 We do not accept any liability to you or any third party for loss of data or the consequences thereof if you are in breach of your obligation to carry out regular back-ups of such data in accordance with clause 3(f) above.
6.5 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount of any subscription fees you have paid in relation to the Services over the calendar year preceding any claim. This does not apply to the types of loss set out in condition 6.5.
6.6 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
7.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
(c) if you do not have a valid subscription.
7.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so; and
(d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and the Appstore.
8. COMMUNICATION BETWEEN US
8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by email to email@example.com or by prepaid post to MA Design Solutions Limited at Cheltenham Film Studios, Hatherley Lane, Cheltenham, GL51 6PN. We will confirm receipt of this by contacting you in writing, normally by email.
8.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your request for the App.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
10. OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.