Software License Agreement
MIIN Ltd.: User software license agreement
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THIS APPLICATION:
This license agreement ("License") is a legal agreement between you ("You" or "Your") and MIIN Ltd a limited company registered in England UK ("We" or "Our" or "Us") for this application product ("Licensed Application").
THIS LICENSED APPLICATION REQUIRES A PC, MOBILE OR TABLET DEVICE. BY DOWNLOADING THIS LICENSED APPLICATION TO YOUR DEVICE, YOU WILL BE DEEMED TO AGREE TO THE TERMS OF THIS LICENSE WHICH WILL BIND YOU.
1. Grant and scope of license
1.1 In consideration of You agreeing to abide by the terms of this License, We grant to You a non-exclusive, non-transferable license to use the Licensed Application solely for your personal, non-commercial purposes on and subject to the terms of this License.
1.2 You may:
1.2.1 download, install and use the Licensed Application in connection with any pc, mobile or tablet device that You own or control;
1.2.2 receive and use any free supplementary software code or update of the Licensed Application incorporating "patches" and corrections of errors as may be provided by Us from time to time.
1.3 The terms of the License will govern any upgrades provided by Us that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will apply.
1.4 The use and functionality of the Licensed Application is set out in the user documentation made available by us (Refer ‘About App’ menu in the App OR the App Description details in the Marketplace) from time to time. You may only use the Licensed Application as set out in such documentation.
2. Your undertakings
2.1 Except as expressly set out in this License or as permitted by any local law, or the licensing terms governing the use of open sourced components included within the Licensed Application You undertake:
2.1.1 not to distribute or make the Licensed Application available over any communication network where it could be used by multiple users/or devices at the same time;
2.1.2 not to copy the Licensed Application except where such copying is permitted by this License;
2.1.3 not to rent, lease, sub-license, lend, loan, sell, redistribute, translate, merge, adapt, vary or modify the Licensed Application;
2.1.4 not to make alterations to, or modifications of, the whole or any part of the Licensed Application, nor permit the Licensed Application or any part of it to be combined with, or become incorporated in, any other programs;
2.1.5 not to disassemble, decompile, reverse engineer attempt to derive the source code or, modify or, create derivative works based on, the whole or any part of the Licensed Application nor attempt to do any such thing except to the extent that such actions cannot be prohibited by law;
2.1.6 to replace the current version of the Licensed Application with any updated or upgraded version or new release We provide under the terms of this License;
2.1.7 not to provide or otherwise make available the Licensed Application in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without Our prior written consent;
3. Intellectual property rights
3.1 You acknowledge that all intellectual property rights in the Licensed Application anywhere in the world belong to Us, and that You have no rights in, or to, the Licensed Application other than the right to use them in accordance with the terms of this License.
3.2 You acknowledge that you have no right to have access to the Licensed Application in source code form or in unlocked coding or with comments.
3.3 The integrity of this Licensed Application is protected by technical protection measures ("TPM") so that Our intellectual property rights, including copyright, in the Licensed Application are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.
4. Links and advertisements
4.1 This Licensed Application may contain hyperlinks to other websites, Applications, Marketplaces, stores, etc. owned or operated by third parties. We have not reviewed all of the third party content linked to this Licensed Application and are not responsible for their content or accuracy (including sites, Applications, Marketplaces, stores, etc. linked through advertisements).
4.2 The inclusion of any hyperlink does not imply that we endorse the linked site, Application, Store, etc. and you access the hyperlinks at your own risk. Your correspondence or dealings with, your participation in promotions of and your reliance on the representations of advertisers on this App are matters that are solely between you and such advertisers.
4.3 Whilst using this Licensed Application, advertisements (including 'banner ads', ‘text ads’, 'full page ads' and 'pop-ups') may appear on your screen. You acknowledge and consent to this functionality and agree not to install or operate (or suffer the continued installation or operation of) any software designed to block, filter, 'zap', obscure or obliterate the display of such advertisements, or any other like software.
5.1 The Licensed Application does not intentionally collect any Personal information.
5.2 The Licensed Application uses services of recognised analytics service provider (Google Analytics) to collect anonymous usage statistics. This information is only used to analyse the usage of our Apps, their market penetration, adoption rates, usage frequency and other common user behaviours. We do not intend to use any of this information for any other purpose.
6. Warranty and Liability
6.1 You agree to use this Licensed Application at your risk. To the extent permitted by law, everything on this Licensed Application is provided to you 'as is' without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law and in particular:
6.1.1 we endeavour to provide a convenient and functional Licensed Application, but we do not guarantee that your requirements will be met or that your access to the Content or this Licensed Application will be uninterrupted, error free or that this Licensed Application or the server that operates it is free of viruses or other harmful components; and
6.1.2 while we may attempt to keep information on this Licensed Application current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on this Licensed Application.
6.2 We will not undertake any financial liability or legal responsibility for this Licensed Application, the data provided by it, advertising material displayed or the Marketplace where this Licensed Application is hosted.
6.3 You acknowledge and agree that we not responsible for the advertising material displayed on this Licensed Application.
6.4 You acknowledge and agree that WE are not responsible for any charges that may be invoiced to you by your telecommunications service provider or your Internet service provider in relation to your access, use or downloading of and from this Licensed Application.
6.5 By downloading this Licensed Application from any Marketplace, you or any user of your device agrees to use the Licensed Application with your own prudence and responsibility.
7.1 We may terminate this License in accordance with the contract between us and the App Marketplaces.
7.2 On so doing You must immediately delete or remove the Licensed Application from all devices in Your possession, and immediately destroy all copies of the Licensed Application then in your possession, custody or control.
8. Transfer of rights and obligations
8.1 This License is binding on You and Us, and on Your respective successors and assigns.
8.2 You may not transfer, assign, charge or otherwise dispose of this License, or any of Your rights or obligations arising under it, without Our prior written consent.
9.1 All notices given by You to Us must be given to MIIN Ltd in writing to our communication address provided on the App Marketplace. We may give notice to You either through the Licensed Application or at the e-mail address You provided to Us if you have registered with us.
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 License that is caused by events outside Our reasonable control ("Force Majeure Event").
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control.
10.3 Our performance under this License is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under this License may be performed despite the Force Majeure Event.
11.1 If We fail, at any time during the term of this License, to insist upon strict performance of any of Your obligations under this License, or if We fail to exercise any of the rights or remedies to which We are entitled under this License, this shall not constitute a waiver of such rights or remedies and shall not relieve YOU from compliance with such obligations.
11.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
12.1 If any of the terms of this License are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Third Party Rights
13.1 No one other than a Party to this Agreement their successors and permitted assignees, shall have any right to enforce any of its terms.
14. Entire agreement
14.1 This License and any document expressly referred to in it constitute the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the licensing of the Licensed Application.
14.2 You acknowledge that, in entering into this License (and the documents referred to in it), you do not rely on any statement, representation, assurance or warranty ("Representation") of any person (whether a party to this License or not) other than as expressly set out in this License or those documents.
14.3 We and You agree that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in this License.
14.4 Nothing in this Clause 14 shall limit or exclude any liability for fraud.
15. Law and jurisdiction
15.1 This License, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the exclusive jurisdiction of the English courts