AIRSIDE ANDY END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING OR STREAMING PROCESS NOW.
This end-user licence agreement (“EULA”) is a legal agreement between you (“you”) and AIRSIDE ANDY LIMITED of Sandown Sports Park, More Lane, Esher, Surrey KT10 8AN (“Licensor”, “us” or “we”) for the Airside Andy mobile application software, the data supplied with the software and the on-line documents (together 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 (“Appstore”) you downloaded the App (“Appstore Rules”). We do not sell the App to you. We remain the owner of the App and any associated documents at all times.
Please print a copy of this EULA for your future reference.
Unless we expressly state otherwise in writing, the terms of this EULA apply to the App, services accessible through the App (“Services”) and any updates or supplements to the App. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this EULA. We may change these terms at any time by notice to you in writing to the e-mail you provided to us when registering to use the App. The new terms may be displayed on-screen and you will be required to read and accept them to continue to use our App.
By using the App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
GRANT OF LICENCE, EULA RESTRICTIONS AND APP USE
You may download or stream a copy of the App onto your Device to view, use and display the App on the Device for your personal purposes only.
When you download or stream the App and make any in-App purchase, you will be given an opportunity to consent to the downloading or streaming process for the App and any in-App purchase at the time of subscription and subsequent purchase, as the case may be. By consenting, you acknowledge and agree that, as soon as the downloading or streaming starts, you have lost your right to cancel (and receive a refund in respect of) any in-App purchases which may otherwise be available to you under the relevant legislation.
You will be given the opportunity to make in-App purchases at various stages of the game and a full list of the items, along with points, tokens or other payment required to purchase these items (“Price”), are listed on the following page of our website: [insert link to page].
You will be asked to pay the relevant Price as described on our website using one of the payment methods we support. Given that we do not retain a copy of your financial information or any debit or credit card details, you may be asked to provide these each time you make an in-App purchase.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
not to copy the App 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 any associated 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 (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:
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 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;
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, together the “EULA Restrictions”.
not use the App or Services 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 (to the extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive 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 the “App Use Restrictions”.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the App and the Services, any associated documents and any technology used or supported by the App or the Services 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 Services, any associated documents or the technology used in, or supporting the App or the Services 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.
If you detect any issues with the App such as malfunctioning or denied access then please contact us at [email protected] or on [insert office phone number] and we will do our best to support you and resolve the issue.
YOUR REMEDIES FOR DAMAGE CAUSED BY THE APP
If you notify us in writing of any defect or fault in the App which causes damage to your Device or to other digital content on your Device we shall endeavour to repair the damage within a reasonable time, or replace the App where necessary, at our cost.
You acknowledge and agree that the App and any in-App purchases are not redeemable or subject to refund.
LIMITATION OF OUR LIABILITY TO YOU
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 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.
To the maximum extent permitted by law, we exclude liability for any loss or damage of any kind (including indirect and consequential) arising out of your use of the App and the Services. 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 clause 6.4, but 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 it was contemplated by you and us at the time we granted you this EULA.
Our maximum aggregate liability under or in connection with this EULA (including your use of the Services) whether in contract, tort, negligence or otherwise and howsoever arising, shall in all circumstances be limited to £500. This does not apply to the types of loss set out in condition 6.5.
Nothing in this EULA shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English 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;
if you breach any of the EULA Restrictions or the App Use Restrictions;
if we merge with or are acquired by another business entity, or if we undergo a re-organisation with that entity; and
if we are required to do so to comply with law or requests of any regulatory body or governmental agency.
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 the App and 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.
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 or by post to Airside Andy Limited at Sandown Sports Park, More Lane, Esher, Surrey KT10 8AN or [[email protected]]. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your registration 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.
OTHER IMPORTANT TERMS
For the purposes of this EULA, if you are not the owner of the Device, you will be assumed to have obtained permission from the owner(s) of the Device to download or stream a copy of the App onto the Device.
You may be charged by your service provider for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App on or in relation to any Device, whether or not it is owned by you.
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 App until you have downloaded or streamed the latest version of the App and accepted any new 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, unless we terminate this EULA under clause 7.1(c). 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.
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.
This EULA, its subject matter and its formation (including any non-contractual obligations arising out of or in connection with it), are governed by English law. You and we both agree that the courts of England will have non-exclusive jurisdiction.
Version: January 2016