End User Licence Agreement (EULA)
Updated: 30 APRIL 2018: Added clause 7: iii
This End-User License Agreement ("EULA") is a legal agreement between you (and/or the company you represent, henceforth referred to as “you” or “your”) and Apples & Oranges Data Solutions ["A&O"].
This EULA agreement governs your acquisition and use of an A&O product (henceforth referred to as an "Application") directly from A&O or indirectly through an A&O authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before downloading and initialising the A&O Application(s). It provides a license to use the A&O Applications and contains warranty information and liability disclaimers.
If you register for or use one of A&O’s free trial Applications, this EULA agreement will also govern that trial. By clicking "accept" or downloading and/or using the A&O Application, you are confirming your acceptance of the Application and agreeing to become bound by the terms of this EULA agreement. In the case of a free trial application, you also accept that it is a trial and that it will have an end date as specified on the A&O website and hereafter the Application will likely cease to function.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not download or use the Application, and you must not accept this EULA agreement or distribute application(s) to said represented company or other legal entity that you represent.
This EULA agreement shall apply only to the application supplied by A&O herewith regardless of whether other applications are referred to or described herein. The terms also apply to any A&O updates, supplements, Internet-based services, and support services for the Application, unless other terms accompany those items on delivery. If so, those terms apply.
1. We grant you one licence to download and use this application on multiple computers within your company or subsidiaries thereof. You may create backups to the application but do not circulate/distribute them outside of your organisation. If you do not agree to the following terms of this license, please remove all copies and inform A&O accordingly.
2. You may make back-up copies of the application for archival purposes, but you acknowledge the application(s) functionality may be limited (see above references to potential date limitations) and therefore you are accountable for maintaining evidence of use as per your own normal practices. You may permanently transfer your license to use the application to another party within your organisation who will be bound by this agreement.
3. Intellectual Property and Ownership
A&O shall at all times retain ownership of the application as originally downloaded by you and all subsequent downloads of the application by you. The application (and the copyright, and other intellectual property rights of whatever nature in the application, including any modifications made to the programming before, during, or after your use of) are and shall remain the property of A&O.
A&O reserves the right to grant licences to use the Application to third parties.
The application is protected by national copyright laws inclusive of the EU, UK, USA and other countries, and we retain all intellectual property rights in the application. You may not separately publish, sell, market, distribute, lend, lease, rent, or sublicence the application code including the license key. However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law, such as permitted library and classroom usage.
4. LIMITED WARRANTY
We warrant that the application will provide the features and functions generally described in the product specification on our website when you downloaded it and in the product documentation. Media on which the Application is furnished, if any, will be free from defects in materials and workmanship.
5. We have taken reasonable steps to keep the application free of viruses, spyware, "back door" entrances, or any other harmful code. We will not track or collect any information about you via the application, your data, or your use of the application except as you specifically authorize. The application will not download or install patches, upgrades, or any third party application without getting your permission. Any information gathered by third parties (eg, internet service providers) due to a visitation to A&O website as a result of continued application use is subject to agreements between you and said third parties. We will not intentionally deprive you of your ability to use any features of the application or access to your data.
6. We do not warrant that the application or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose. If you do believe you have found an error/bug, please inform us.
7. LIMITATIONS ON LIABILITY
i) Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price (if any) or correction of the defective application or media at A&O’s earliest convenience. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this license agreement. Nothing in this agreement limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.
ii) You fully acknowledge that an A&O application exists with the purpose of facilitating tasks that you have chosen its use for, but the application has not been provided with the intent to replace your existing working practices or procedures. You therefore acknowledge you continue to use appropriate practices irrespective of a use of an A&O application. We disclaim all liability that may arise due to your decision not to adequately continue your normal practices or procedures.
iii) In the event the use of an A&O application replaces the services provided to you by an existing internal or external third party service provider, you accept all liability of a potential conflict of interest or breach of contract that may arise between you and said third party service provider.
8. If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.
9. This agreement does not supersede any express warranties we made to you. We reserve the right to modify these terms of licence as we deem appropriate. It remains your sole responsivity to review the EULA for updates on the A&O website.
10. This agreement will apply from the download date of the application, or from the date of amended EULA (whichever is the latter).