PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP FROM THIS WEBSITE.
This end-user licence agreement (Agreement) is a legal agreement between you (End-user or you) and SOCAPPS LIMITED of 145-157 St John Street London England EC1V 4PW (Socapps, Licensor, us or we) for:
· BROWSA version 1 mobile application software and the data supplied with the software (App); and
· electronic documents (Documents).
Socapps licences use of the App and Documents to you on the basis of this Agreement and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore) the App was downloaded (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 IOS or Android mobile device with a minimum Apple IOS 7.0 or Android 4.0 operating system.
· If you do not agree to the terms of this Agreement, we will not licence the App and Documents to you and you must stop the downloading process now by clicking on the "Cancel" button in the relevant AppStore and remove all data downloaded to this point.
· As a consumer, you have the right to withdraw from your installation without charge and without any reason before fully downloading the App and Documents. Note that:
* You are a consumer if you are using the App as an individual person for purposes which are wholly and exclusively outside a trade, business, craft or profession;
* You are using the App as a business if you are not a consumer as described above.
· However, you will lose the right to cancel the transaction once you complete the downloading of the App or Documents.
· This does not affect your consumer rights for an app or documents that are defective.
You should print a copy of this Agreement for future reference.
1.1. The terms of this Agreement apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App, 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 Agreement.
1.2. We may change these terms at any time by sending you an Short Message Service text (SMS) with details of the change or notifying you of a change when you next start the App. 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 any mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2.1 (Devices) on which you download a copy of the App . 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 Agreement for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.6. 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.
1.7. The App and Services will make use of location data (your geographical location when using the App) sent from the Devices for the purpose of providing the Services. The data will be stored for at least 30 days after you finish using the App to facilitate the Services but will not be transmitted to a third party. The App cannot function without this functionality. By downloading and installing the App, you consent to our collection, maintenance, processing and use of your location data to provide the services available via the App. You may withdraw this consent at any time by uninstalling the App.
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 and unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
2. Grant and scope of licence
2.2. You may:
2.2.1. download a copy of the App onto a maximum of 3 mobile telephones or other handheld devices (Devices) and view, use and display the App on the Devices for purposes authorised by this Agreement only; and
2.2.2. use the Documents for purposes authorised by this Agreement only.
2.3. The use of the App and the Services is free of charge. Socapps reserves the right to introduce a fee for the use of the App and/or the Services. If Socapps decides to introduce such a fee, Socapps will inform you accordingly and allow you either to continue or terminate the Agreement, at your option.
3. Licence restrictions
Except as expressly set out in this Agreement or as permitted by any local law, you agree:
3.3.1. 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;
3.0.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
3.0.3. 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;
3.0.4. 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:
220.127.116.11. is used only for the purpose of achieving inter-operability of the App with another software program;
18.104.22.168. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
22.214.171.124. is not used to create any software that is similar to the App;
3.0.5. 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;
3.0.6. to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.0.7. 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
3.0.8. 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 and other obligations (Acceptable Use Restrictions)
4.1. You must:
4.1.1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, 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;
4.1.2. tick the boxes in the "Accept" button screen in good faith indicating whether you are a consumer or business user (and you warrant to us that you have ticked the boxes in good faith);
4.1.3. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the uploading or transmission of any material;
4.1.4. not transmit or upload any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service. You agree to indemnify and keep us and our officers, directors, employees and agents financially unharmed as a result of any claims, losses, liabilities, and expenses arising out of a breach by you of your obligations in 4.1.3 and 4.1.4;
4.1.5. 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
4.1.6. 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;
4.1.7. not use the App if you are under 18 years old or allow or authorise those under 18 years old to do so.
4.2. You grant us a non-exclusive licence to the extent reasonably required to enable the use of the App and the Service by you and other App users in respect of the copyright or any other intellectual property rights in material you upload via the App.
4.3. To the fullest extent permitted by law, Socapps shall not be liable for any loss or damage resulting from:
4.3.1. the use of (or inability to use) the App (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of information on the Website or the App, unless such damage is the result of any wilful misconduct or gross negligence on the part of Socapps; and/or
4.3.2. the use of (or the inability to use) electronic means of communication with the App, including but not limited to loss or damage resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
4.4. You acknowledge that we:
4.4.1. are not the supplier of; and
4.4.2. have no connection with; and
4.4.3. have not inspected; and
4.4.4. offer no warranty in respect of;
any products or services you may buy via the App and that any contract you enter into regarding those products or services is between you and the supplier of them.
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, 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 Agreement.
5.2. You acknowledge that you have no right to have access to the App in source-code form.
6. Limited warranty
6.1. We warrant that:
6.1.1. the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
6.1.2. that the Documents correctly describe the operation of the App in all material respects,
for a period of 30 days from the date on which the App is downloaded to the Devices (Warranty Period).
6.2. If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to a refund of any fees paid to us.
6.3. The warranty does not apply:
6.3.1. if the defect or fault in the App or any Service results from you having amended the App;
6.3.2. if the defect or fault in the App results from you having used the App in contravention of the terms of this Agreement;
6.3.3. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
6.4. This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. Limitation of liability
7.1. 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.
7.2. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence up to the limit specified in condition 7.3. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Agreement.
7.3. If you are using the App in the course of or in connection with a business, our maximum aggregate liability under or in connection with this Agreement (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to an amount equivalent to any fees paid by you to us during the period of 1 year prior to your notifying us of your claim. This does not apply to the types of loss set out in condition 7.4.
7.4. Nothing in this Agreement shall limit or exclude our liability for:
7.4.1. death or personal injury resulting from our negligence;
7.4.2. fraud or fraudulent misrepresentation; and
7.4.3. any other liability that cannot be excluded or limited by English law
7.5. If you are a consumer nothing in this Agreement affects your statutory rights.
8.1. We may terminate this Agreement immediately by written notice to you:
8.1.1. if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
8.1.2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
8.1.3. on giving you notice via an SMS, in which case we will refund to you any portion of fees you have paid us on a pro rata basis.
8.2. On termination for any reason:
8.2.1. all rights granted to you under this Agreement shall cease;
8.2.2. you must immediately cease all activities authorised by this Agreement, including your use of any Services;
8.2.3. 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;
8.2.4. 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.
9. Communication between us
9.1. If you wish to contact us in writing, or if any condition in this Agreement requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to SOCAPPS LIMITED, 145-157 St John Street London England EC1V 4PW and firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
10. Events outside our control
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
10.2. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
10.2.1. our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
10.2.2. we will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Our Control.
11. Other important terms
11.1. We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.
11.2. You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.
11.3. If we fail to insist that you perform any of your obligations under this Agreement, 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.
11.4. Each of the conditions of this Agreement 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.
11.5. This Agreement, 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 exclusive jurisdiction.
This agreement has been entered into upon your clicking on the "Accept" button below.
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