Dated
8/13/2018
Mobile application end-user licence agreement
between
End-user
and
LIMINGTREE
Clause
1. Acknowledgements........................................................................................................... 1
2. Grant and scope of licence.............................................................................................. 2
3. Licence restrictions........................................................................................................... 3
4. Acceptable use restrictions.............................................................................................. 4
5. Intellectual property rights.............................................................................................. 4
6. No warranty or support.................................................................................................... 4
7. Limitation of liability....................................................................................................... 5
8. Termination........................................................................................................................ 5
9. Communication between us............................................................................................. 6
10. Events outside our control............................................................................................... 6
11. Other important terms....................................................................................................... 6
THIS AGREEMENT is dated [8/13/2018]
PLEASE READ CAREFULLY BEFORE
DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and LimingTree
for:
·
LimingTree mobile application software (App); and
·
Online documents (Documents).
We licence use of the App and Documents
to you on the basis of this EULA and subject to any rules or policies applied
by the Apple store from whose site, located at https:// https://www.apple.com/ios/app-store,
the End-user downloaded the App (Appstore Rules). We
do not sell the App or Documents to you. We and/or the owners of the App and
Documents remain the owners of the App and Documents at all times.
Important notice:
·
By downloading the App from this website or
clicking on the "Accept" button below you agree to the terms of the
licence which will bind you. The terms of the licence include, in particular,
limitations on liability in condition 7.
·
If you do not agree to the terms of this
licence, we will not license the App and Documents to you and you must stop the
downloading or streaming process (as applicable) now by clicking on the
"Cancel" button below. In this case the downloading or streaming
process will terminate.
Agreed terms
1.1
The terms of this EULA apply to the App or any
of the services accessible through the App (Services),
including any updates or supplements to the App or any Service, unless they
come with separate terms, in which case those terms apply. If any open-source
software is included in the App 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 SMS with details of the change or notifying you of a change when you
next start the App. 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 App may be
issued through the Appstore. Depending on the update, you may not be able to
use the Services until you have downloaded or streamed the latest version of
the App and accepted any new terms.
1.4
You will be assumed to have obtained permission
from the owners of the mobile telephone or handheld devices that are
controlled, but not owned, by you and described in condition 2.2(a) (Devices)
and to download or stream a copy of the App onto the 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 App or any Service on or in relation to any Device, whether
or not it is owned by you.
1.5
By using the App or any of the Services, you
consent to us collecting and using technical information about the Devices and
related software, hardware and peripherals for Services that are internet-based
or wireless to improve our products and to provide any Services to you.
1.6
The App or any Service may contain links to
other independent third-party websites (Third-party Sites).
Third-party Sites are not under our control, and we are not responsible for and
do not endorse their content or their privacy policies (if any). You will need
to make your own independent judgement regarding your interaction with any
Third-party Sites, including the purchase and use of any products or services
accessible through them.
1.7
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.
2.1
In consideration of you agreeing to abide by the
terms of this EULA, we grant you a non-transferable, non-exclusive licence to
use the App on the Devices, subject to these terms, the Privacy Policy and the
Appstore Rules, incorporated into this EULA by reference. We reserve all other
rights.
2.2
You may:
(b)
use the Documents for your personal purposes
only.
Except as expressly set out in this
EULA or as permitted by any local law, you agree:
(a)
not to copy the App or Documents 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;
(b)
not to rent, lease, sub-license, loan,
translate, merge, adapt, vary or modify the App or Documents;
(c)
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;
(d)
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:
(i)
is used only for the purpose of achieving
inter-operability of the App with another software program;
(ii)
is not unnecessarily disclosed or communicated
without our prior written consent to any third party; and
(iii)
is not used to create any software that is
substantially similar to the App;
(e)
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;
(f)
to include our copyright notice on all entire
and partial copies you make of the App on any medium;
(g)
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
(h)
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 (Technology),
together Licence
Restrictions.
You must:
(a)
not use the App 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 App, any Service
or any operating system;
(b)
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);
(c)
not transmit any material that is defamatory,
offensive or otherwise objectionable in relation to your use of the App or any
Service;
(d)
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
5.
Intellectual property rights
5.1
You acknowledge that all intellectual property
rights in the App, the Documents and the Technology 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 Documents or the
Technology other than the right to use each of them in accordance with the
terms of this EULA.
5.2
You acknowledge that you have no right to have
access to the App in source-code form.
6.1
You expressly acknowledge and agree that use of the App and any
Documents and Services provided is at your sole risk and that the entire risk
as to satisfactory quality, performance, accuracy and effort is with you.
6.2
To the maximum extent permitted by applicable law, the App and
Documents and Services are provided "as is" and “as available”, with
all faults and without warranty of any kind, and we hereby disclaim all
warranties and conditions with respect to the App, Documents and Services,
either express, implied or statutory, including, but not limited to, any
implied warranties and/or conditions of merchantability, of satisfactory
quality, of fitness for a particular purpose, of accuracy, and non-infringement
of third party rights. We do not warrant against interference with your
enjoyment of the App or Documents, that the functions contained in the App or Services
will meet your requirements, that the operation of the App or Services will be
uninterrupted or error-free, or that defects in the App or Services will be
corrected. No oral or written information or advice given by us or our authorized
representative shall create a warranty.
7.
Limitation of liability
7.1
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 facilities and functions of the App as
described in the Documents meet your requirements.
7.2
We supply the App and Documents for domestic,
commercial and private use. A business and individuals can purchase AD space on
our APP, however we have no liability to you for any loss of profit, loss of
business, business interruption, or loss of business opportunity.
8.1
On termination for any reason:
(a)
all rights granted to you under this EULA shall
cease;
(b)
you must immediately cease all activities
authorised by this EULA;
(c)
you must immediately delete or remove the App
from all Devices, and immediately destroy all copies of the App and Documents
then in your possession, custody or control and certify to us that you have
done so.
9.1
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 e-mail at legal@limingtree.com. We will confirm receipt of this
by contacting you in writing, normally by e-mail.
9.2
If we have to contact you or give you notice in
writing, we will do so by e-mail to the email address you provide to us in your
request for the App.
11.1
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.
11.2
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.
11.3
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.
This agreement has been entered into on the
date stated at the beginning of it.