[THIS IS THE END-USER LICENSE AGREEMENT FOR CIQUAL LIMITED’S MYCONNECTION SOFTWARE. IMPORTANT, PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Any questions, complaints or claims with respect to the SOFTWARE PRODUCT should be directed to Ciqual Limited at address: 83 Princes Street, Edinburgh EH2 2ER, United Kingdom, contact telephone number: +44 (0) 131 718 0800 or contact email address: firstname.lastname@example.org.
This End-User License Agreement (hereinafter referred to as "EULA") is a legal agreement between you (either an individual or a single entity) (hereinafter referred to as the “Authorised User”) and Licensor for the Licensor’s software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation (hereinafter referred to as "SOFTWARE PRODUCT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Licensor, and it supersedes any prior proposal, representation, or understanding between the parties.
If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use:
Licensor grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer, smartphone or tablet running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., IOS, Android or Windows mobile].(b) Backup Copies: You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Licensor's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services
Licensor may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws:
(i) You must represent and warrant that 1) You are not located in a country that is subject to the U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and 2) You are not listed on any U.S. Government list of prohibited or restricted parties. (ii) You will comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. CONSENT TO USE DATA
You agree that we may collect, store, analyse and use technical data, usage data and related data, including but not limited to technical data about your device, technical data about the performance and usage of your device, your location as gathered periodically or based on your service usage. We will use this information to facilitate the provision of software updates, product support, customer experience and other services to you (if any) related to the Licensed Application. We may gather and use this information in the form that cannot be used to personally identify you to any third party.
Compliance with laws relating to “Right to Erasure”
The licensor recognises and complies with individual rights to request at any time that any data relating to them; collected by this product; is deleted within a reasonable time.
If you require your personal data please email email@example.com stating the device ID that is found in the connection screen by pressing the “i” button in the top right of the screen.
The licensor shall action this request within a maximum of 60 days.
Without prejudice to any other rights, Licensor may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Licensor.
6. NO WARRANTIES
Licensor expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non infringement, or fitness of a particular purpose. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorised Users or to any third party.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Licensor be liable for any personal injury, or any incidental, special or indirect or consequential damages (including, without limitation, lost profits, business interruption, lost information, or any other commercial damages or losses) arising out of or related to 'Authorised Users' use of or inability to use the SOFTWARE PRODUCT, even if Licensor has been advised of the possibility of such damages. In no event will Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.