QIKSERVE END USER LICENCE AGREEMENT
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS THIS WEBSITE:
This end-user licence agreement (EULA) is a legal agreement between you (Licensee or you) and QikServe Limited, a company registered in Scotland with company number SC405733 and its registered office at 5th Floor, 125 Princes Street, Edinburgh, EH2 4AD (Licensor, us or we) for :
QikServe mobile application software(App); and
related online or electronic documents (Documents).
We licence use of the App and Documents to you on the basis of this EULA. We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
The phone or other hand held mobile device on which you download the App (“Device”) requires a minimum of 29.15MB of memory, internet access and either iOS or Android operating systems.
BY DOWNLOADING THE APP FROM THIS WEBSITE OR CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THE TERMS OF THIS EULA WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, WE ARE UNWILLING TO LICENSE THE APP TO YOU AND YOU MUST DISCONTINUE THE DOWNLOADING PROCESS NOW BY CLICKING ON THE “CANCEL” BUTTON BELOW. IN THIS CASE THE DOWNLOADING PROCESS WILL TERMINATE.
You may want to print a copy of this EULA for future reference.
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, 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.
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.
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 the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of any Device that is controlled, but not owned, by you and onto which you 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 Device. 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.
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.
GRANT AND SCOPE OF LICENCE
In consideration of you agreeing to abide by the terms of this EULA, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the App on the Devices and the Documentation on the terms of this EULA.
download or stream a copy of the App onto a single Device and to view, use and display the App on that Device for your personal purposes only; and
use the Documents for your personal purposes only.
Except as expressly set out in this EULA or as permitted by any local law, you undertake:
not to copy the App or Documentation 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 Documentation;
not to make alterations to, or modifications of, the whole or any part of the App, nor 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 nor 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; and
is not unnecessarily disclosed or communicated without the Licensor’s prior written consent to any third party; and
is not used to create any software application which 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 the copyright notice of the Licensor on all entire and partial copies you make of the App on any medium; and
not to provide or otherwise make available the App 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 prior consent from the Licensor.
ACCEPTABLE USE RESTRICTIONS
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;
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.
We warrant that:
the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
that the Documents correctly describe the operation of the App in all material respects,
for a period of 90 days from the date on which the App is downloaded or streamed to the Devices (Warranty Period).
If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, we will, at our sole option, either repair or replace the App, provided that you make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
The warranty does not apply:
if the defect or fault in the App or any Service results from you having altered or modified the App;
if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; and
if you breach any of the terms and conditions of this EULA.
This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the App and the Documentation anywhere in the world belong to the Licensor or are validly licensed to the Licensor, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Documentation other than the right to use 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.
LIMITATION OF LIABILITY
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.
We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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 amount specified in condition 7.4, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
Our maximum aggregate liability under or in connection with this EULA whether in contract, negligence or otherwise, shall in all circumstances be limited to a sum equal to £100. This does not apply to the types of loss set out in condition 7.5.
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 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.
Upon termination for any reason:
all rights granted to you under this EULA shall cease;
you must cease all activities authorised by this EULA; and
you must immediately delete or remove the App from all Devices, and immediately destroy or return to the Licensor (at the Licensor’s option) all copies of the App then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
TRANSFER OF RIGHTS AND OBLIGATIONS
This EULA is binding on you and us, and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of this EULA, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this EULA, or any of our rights or obligations arising under it, at any time during the term of the EULA.
COMMUNICATION BETWEEN US
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 prepaid post to QikServe Ltd at 3 Lady Lawson Street, Edinburgh, EH3 9DS and email@example.com. 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 or by pre-paid post to the address you provide to us in your request for the App.
Neither party shall be in breach of this EULA nor liable for delay in performing, or failure to perform, any of its obligations under this EULA if such delay or failure results from events, circumstances or causes beyond its reasonable control.
If any of the terms of this EULA 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.
A waiver of any right or remedy under this EULA or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
This EULA constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the licensing of the App and Documentation.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.
LAW AND JURISDICTION
This EULA, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law and submitted to the exclusive jurisdiction of the Scottish courts.