End User License Agreement
PLEASE READ CAREFULLY BEFORE CONTINUING.
This end-user licence agreement (“EULA”) is a legal agreement between you (“you”) and VulkanSoft of Block M, Tower Bridge Business Complex,
Clements Road, London, United Kingdom (“us” or “we”) for the VulkanSoft application software, the data supplied with the Software, and the
associated media. We licence use of the software to you on the basis of this EULA. The software is licensed to you on a single-user, non-transferable, non-exclusive, revocable basis.
We do not sell the software to you. We remain the owners of the software and documents at all times.
IMPORTANT NOTICE: BY DOWNLOADING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.
If you do not agree to the terms of this licence, we will not license the Software to you and you will not be able to access any modules
or other functions of the software.
By law, as a consumer you have the right, for any reason, to cancel a transaction within 14 days of entering into a contract,
such as this licence. However, by agreeing to this licence, you expressly consent to being provided with access to the Software straight
away, and you acknowledge that you will lose your right to cancel the transaction once you agree to this licence.
This does not affect your consumer rights for Software that is defective. You should print a copy of this EULA for future reference.
1.1. The terms of this EULA apply to the Software and to any of the services or functionality (including the operation modules available for download and to stream) accessible through the Software (“Services”), including any updates that replace or supplement the Software or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Software 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 e-mail or in-Software message with details of the change or notifying you of a change when you next start the Software . 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 Software may be issued through the Software Store. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the Software and accepted any new terms.
1.4. You will be assumed to have obtained permission from the owners of the mobile devices described in condition 3.2 (“Devices”) that are controlled, but not owned, by you to download a copy of the Software onto these 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 Software or any Service on or in relation to any Device, whether or not it is owned by you.
1.6. By using the Software or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals to facilitate the provision of software updates or otherwise to improve our products and to provide any Services to you.
1.8. The Software has been designed for users residing in the U.K and we make no representation that the Software or Services are appropriate for, or permitted to be used in, any other location. You are therefore responsible for ensuring that you comply with all applicable laws in your location in relation to your downloading and use of the Software and the Services. If we become aware of any legal or other risk associated with the availability of the Software or the Services, whether in a particular location or more generally, we reserve the right to change, suspend, withdraw or disable access to the Software or Services at any time without notice, and we shall have no liability to you in respect of such action.
1.9. You represent and warrant that: you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting country”; and you are not listed on any U.S. Government list of prohibited or restricted parties.
1.10. 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.
- TERMS RELATING TO Software STORES
2.1 We and you both acknowledge and agree that:
2.1.1 the EULA is concluded between you and VulkanSoft only, and not with the Software Store providers;
2.1.2 we, not the Software Store providers, are solely responsible for the Software and the content thereof;
2.1.3 Software Store providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Software;
2.1.4 in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, we, and not the Software store provider, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
2.1.5 we, and not the Software Store provider, are responsible for addressing any claims made by you or any third party relating to the Software or your possession and/or use of the Software , including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and
2.1.6 The Software Store provider, and subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of the EULA, the Software store provider will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
2.2 In the event of any failure of the Software to conform to any applicable warranty, you may notify the Software store provider, and the Software store provider will refund the purchase price for the Software to you, if any price has been paid. To the maximum extent permitted by applicable law, the Software store provider will have no other warranty obligation whatsoever with respect to the Software , and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- GRANT AND SCOPE OF LICENSE
3.2 You may download a copy of the Software to, and view, use and display the Software on, any device that you own or control for your personal purposes only, and as permitted by the Usage Rules.
- LICENCE RESTRICTIONS – Except as expressly set out in this EULA or as permitted by any local law, you agree:
4.1 not to copy the Software except where such copying is incidental to normal use of the Software , or where it is necessary for the purpose of back-up or operational security;
4.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software ;
4.3 not to make alterations to, or modifications of, the whole or any part of the Software , or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
4.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software 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 interoperability of the Software with another software program, and provided that the information obtained by you during such activities:is used only for the purpose of achieving interoperability of the Software 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 Software ;
4.5 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software ;
4.6 to include our copyright notice on all entire and partial copies you make of the Software on any medium;
4.7 not to provide or otherwise make available the Software in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
4.8 To comply with all technology control or export laws and regulations that apply to the technology used or supported by the Software or any Service (“Technology”), together “Licence Restrictions”.
- ACCEPTABLE USE RESTRICTIONS You must:
5.1 not use the Software 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 Software , any Service or any operating system;
5.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Software or any Service (to the extent that such use is not licensed by this EULA);
5.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or any Service;
5.4 not use the Software or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
5.5 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”.
- INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that all intellectual property rights in the Software , the Technology and in all content, information and material made available to you via the Software and Technology, wherever in the world such rights arise, belong to us, Apple, Android or our licensors, that these rights are licensed (not sold) to you, and that you have no rights in, or to, the Software , Technology, content, information or material other than the right to use each of them in accordance with the terms of this EULA.
6.2 You acknowledge that you have no right to have access to the Software in source-code form.
- NO WARRANTY
7.1 We do not offer or provide any warranties or representations in relation to the quality or performance of the Software , nor do we guarantee that the Software and Services will always be available or that access to them will be uninterrupted. Subject to condition.
7.2 We will not be liable to you if for any reason the Software or Services do not perform as described or are unavailable at any time or for any period.
7.3 Nothing in this condition 7 detracts from any default legal rights you may have in relation to digital content or services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- LIMITATION OF LIABILITY
8.1 You acknowledge that the Software 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 Software meet your requirements.
8.2 We only supply the Software for domestic and private use. You agree not to use the Software 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.
8.3 Although we make reasonable efforts to update the information on the App, we make no representations, warranties or guarantees, whether express or implied, that the content on the Software is accurate, complete or up-to-date.
8.4 The content on the Software is provided for educational, research, and reference purposes only. It has been created as an aid to patients to manage their care from home, and is not designed to replace or substitute real life medical care or the advice of a qualified health care professional and should not be used for these purposes. It is not intended to amount to advice on which you should rely. Do not disregard or avoid professional medical advice or delay seeking it because of materials made available through the Software . The content of the Software has not been endorsed or approved by any governmental body or by any medical association or organisation. The Software may contain material is offensive to users.
8.5 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 8.7.
8.6 We are not responsible for any unforeseeable loss or damage. 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 EULA.
8.7 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. This does not apply to the types of loss set out in condition 8.8.
8.8 Nothing in this EULA shall limit or exclude our liability for:
8.8.1 death or personal injury resulting from our negligence;
8.8.2 fraud or fraudulent misrepresentation; and
8.8.3 any other liability that cannot be excluded or limited by English law.
8.9 If defective digital content that we have supplied damages a device or digital content belonging to you, then (at our discretion) we will either repair the damage or pay you compensation subject to condition 8.7. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We do not guarantee that the Software or Services will be secure or free from bugs or viruses, and you should use your own virus protection software.
9.1 We may terminate this EULA immediately by written notice to you:
9.1.1 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; or
9.1.2 if you breach any of the Licence Restrictions or the Acceptable Use Restriction.
9.2 On termination for any reason:
9.2.1 all rights granted to you under this EULA shall cease;
9.2.2 you must immediately cease all activities authorised by this EULA, including your use of any Services; and
9.2.3 you must immediately delete or remove the Software from all Devices and immediately destroy all copies of the Software then in your possession, custody or control and certify to us that you have done so.
- COMMUNICATION BETWEEN US
10.1 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 at VulkanSoft.com. All questions, complaints or claims with respect to the Software and the Services should be directed to us using these contact details, or any updated contact details that we provide from time to time. We will confirm receipt of your communication by contacting you in writing by email.
10.2 If we have to contact you or give you notice in writing, we will do so by email to the email address you provide to us when downloading the Software.
- OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights under this EULA.
11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
11.3 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
11.4 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.
11.5 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.
11.6 Please note that this EULA, its subject matter and its formation, are governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction, to the extent that this is permitted by law, and subject to the following exceptions:
11.6.1 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; and
11.6.2 We shall have the right to bring proceedings for injunctive relief in any jurisdiction.