DATE OF ISSUE: 1 November 2015
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP.
This end-user licence agreement (the “EULA”) is a legal agreement between you (the “End-user” or “you”) and Ransoft Limited (the “Licensor”, “us” or “we”) for:
Aphos mobile application software, the data supplied with the software, and the associated media (the “App”);
We license use of the App 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 iTunes app store/Play app store (the “Appstore”), the End-user downloaded the App (the “Appstore Rules”). We currently do not sell the App to you. We remain the owners of the App at all times.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST DELETE THE APP FROM YOUR DEVICE.
You should print a copy of this EULA for future reference. Please go to http://aphos.org/eula to print a copy of this EULA.
The terms of this EULA apply to the App or any of the services accessible through the App (the “Services”), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply.
We may change these terms at any time by 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.
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 or streamed the latest version of the App and accepted any new terms. We reserve the right to charge a fee or amend fees for the App and any licenses granted to such.
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 2.2.1 (the "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 and you and they are responsible for such charges. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
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.
The App or any Service may contain links to other independent third-party websites (the "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 judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
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.
Grant and Scope Of Licence
Except as expressly set out in this EULA or as permitted by any local law, you agree:
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;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
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;
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 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:
is used only for the purpose of achieving inter-operability of the App with another software program;
is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
is not used to create any software that is substantially similar to the App;
to include our copyright notice on all entire and partial copies you make of the App on any medium;
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
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 "License Restriction"
Acceptable Use Restrictions
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;
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);
not transmit any material that is defamatory, offensive, threatening or otherwise objectionable in relation to your use of the App or any Service;
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
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 User Restrictions".
Uploading Material To The App
Whenever you make use of a feature that allows you to upload material to the App, you must comply with the Content Standards (see Clause 6 below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to the App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy.
Material uploaded to the App by the End-user will remain on the App for such time as we may determine from time to time and will be removed by us at our discretion. We reserve the right to limit and/or reduce the overall number of items posted or uploaded to the App by the End-user as we determine in our sole discretion.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the App.
We have the right to, and you agree that we may, without liability to you, remove any material, posting or Contributions you make on the App if, in our opinion, such material does not comply with the Content Standards (see Clause 6 below).
These content standards apply to any and all material which you contribute to the App (the "Contributions"), and to any Interactive Services associated with it (the "Content Standards").
We do not endorse any opinions expressed or Contributions made by any End-User of the App and shall have no liability for such opinions expressed or Contributions made.
You must comply with the spirit of the following standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.
be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with applicable law in Ireland and in any country from which they are posted.
Contributions must not:
contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful, threatening or inflammatory;
promote sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Intellectual Property Rights
You acknowledge that all intellectual property rights in the App, its content 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 content or the Technology other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
Warranty and Limitation of Liability
Unless otherwise agreed by us in writing, the material and content displayed on the App is provided “as is” without any guarantees, conditions or warranties as to its accuracy or other terms of any kind.
To the extent permitted by law, we, other members of our group of companies, our offers and directors and third parties connected to us hereby exclude:
all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:
that the App and Services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
that the App will meet your requirements, is error-free, without interruption or available at all times
that the results obtained from using the App, including any Services or deals, will be effective reliable accurate or meet your requirements;
that you will be able to access or use the App or Services at times or locations of your choosing; and
any warranties on the basis of oral or written information given by our representative;
any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the App or in connection with the use, or results of the use of the App, any apps linked to it and any materials posted on them, including without limitation any liability for:
loss of income or revenue
loss of business;
loss of profits or contracts;
loss of anticipated savings, the use of money or opportunity;
loss of data;
loss of goodwill or reputation;
wasted management, office time or personnel time;
work stoppage, computer failure or malfunction, or
any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We disclaim all liability and responsibility arising from any reliance placed on commentary or materials by any user of this App, or by anyone who may be informed of any of its contents. We do not actively monitor content posted by End-users and, as such, are not responsible for and give no warranty or representation in relation to any such content. You agree and acknowledge that we are an information society service provider and are not under an obligation to monitor the information which is uploaded, transmitted or stored on the App. If notified by an End-user of content or Contributions which allegedly do not conform to this EULA or applicable laws or regulations, we may investigate the allegation and determine in good faith and our sole discretion whether to remove such content or Contributions. We reserve the right to remove content or Contributions which are not compliant with this EULA or applicable laws and regulations.
While we endeavour to ensure that the App is normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of our Services or combination thereof, including any injury or damage to your or to any person's Device related to or resulting from participation in connection with the Services. Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
We will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the Services or the App will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: firstname.lastname@example.org
We reserve the right at any time to modify or discontinue, temporarily or permanently, the App with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Services.
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 meet your requirements.
We only supply the App for domestic and private use. You agree not to use the App 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.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the App; or
use of or reliance on any content displayed on the App.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
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 €10.
Nothing in this EULA shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited by Irish law.
We may terminate this EULA immediately by written notice to you:
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; and
if you breach any of the Licence Restrictions, the Acceptable Use Restrictions or the Content Standards.
On termination for any reason:
all rights granted to you under this EULA shall cease;
you must immediately cease all activities authorised by this EULA, including your use of any Services; and
you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control.
Communication Between Us
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 e-mail at email@example.com. We will confirm receipt of this by contacting you by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your request for the App.
Events Outside Our Control
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").
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
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
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.
Other Important Terms
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.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
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.
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.
Please note that this EULA, its subject matter and its formation, are governed by Irish law. You and we both agree that the courts of Ireland will have non-exclusive jurisdiction.
This agreement has been entered into on the Agreement Date.