iTag END USER LICENSE AGREEMENT — Android
1. SCOPE OF LICENSE. Philadelphia Scientific (U.K.) Ltd hereby grants you a non-exclusive, non-assignable, non-transferable, limited license, without the right to sublicense (the “License”), to install and use, in accordance with the terms of this EULA, one copy of the Software on any Android compatible device you own or control solely for your personal use. This license does not allow you to use the Software on any Android compatible device that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. This License does not grant any rights to obtaining future upgrades, updates, enhancements, or supplements of the Software. If upgrades, updates, enhancements, or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this EULA and any amendments to it unless other terms accompany the upgrades, updates or supplements in which case those terms apply. The Software is licensed, and not sold, to you under this EULA. You have no ownership rights in the Software or any related documentation. Philadelphia Scientific (U.K.) Ltd retains all right, title, and interest in and to the Software (including any changes, modifications, or corrections thereto) and any related documentation.
2. RESTRICTIONS. The Software and any related documentation is protected by copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any other language, distribute, or create derivative works based on the Software without the prior written consent of Philadelphia Scientific (U.K.) Ltd. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Software contains proprietary trade secrets of Philadelphia Scientific (U.K.) Ltd. You agree that you will not, and will not allow any other person, to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law. You agree not to remove, disturb, hide, or obscure any copyright or trademark notices embedded within the Software. You further agree not to tamper with, remove, or otherwise attempt to defeat any security system used by Philadelphia Scientific (U.K.) Ltd on the Device or the Software to prevent the unauthorized copying of the Software.
3. CONSENT TO USE OF DATA. You agree that Philadelphia Scientific (U.K.) Ltd may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other service to you (if any) related to the Software. Philadelphia Scientific (U.K.) Ltd may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
4. YOUR CONTENT. All content or data that you post on or submit to the Service must comply with all intellectual property laws. By posting the content to the Service, you grant Philadelphia Scientific (U.K.) Ltd a perpetual, non-exclusive license to use the content in accordance with its Privacy Policy and in order to provide the Service and as otherwise set forth in this Agreement. You hereby represent and warrant that you have the right to post on or submit to the Service any content so shared and that your sharing of the content does not violate any agreement you may have with any third party. Philadelphia Scientific (U.K.) Ltd may, but is not obligated, to remove content and accounts that Philadelphia Scientific (U.K.) Ltd determines in its sole discretion are unlawful or violate any third party’s intellectual property rights.
5. UPDATES. Philadelphia Scientific (U.K.) Ltd may, but is not obligated, to provide upgrades, error corrections, updates, or other modifications to the Software (collectively “Updates”), including automatically installing Updates to the Software. You agree that Philadelphia Scientific (U.K.) Ltd may modify the Software, even after it has been installed, with or without your knowledge. You consent to the automatic installation of the Updates, and agree that you will only use the most recent, updated version of the Software provided to you by Philadelphia Scientific (U.K.) Ltd.
6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Philadelphia Scientific (U.K.) Ltd HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Philadelphia Scientific (U.K.) Ltd DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Philadelphia Scientific (U.K.) Ltd OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. FUNCTIONING. You acknowledge that the Software, and your use of the Software, may be interrupted from time to time. You further acknowledge that the Software is not error free. Philadelphia Scientific (U.K.) Ltd cannot accept any responsibility under this EULA for the functioning of your wireless device with respect to the Software. Philadelphia Scientific (U.K.) Ltd will be entitled, on reasonable grounds, including the reasonable belief of fraud or illegal activity by any user in their use of the Software, to suspend access by you to the Software. You understand that Philadelphia Scientific (U.K.) Ltd may be required by law enforcement agencies to disclose information regarding your use of the Software and that Philadelphia Scientific (U.K.) Ltd will comply with such requests.
8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Philadelphia Scientific (U.K.) Ltd BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Philadelphia Scientific (U.K.) Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Philadelphia Scientific (U.K.) Ltd’s total liability to you for all damages exceed the amount of fifty pounds (£50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. INDEMNIFICATION. You undertake to indemnify and hold Philadelphia Scientific (U.K.) Ltd, its licensors, successors, and affiliates, and, collectively, their respective partners, directors, officers, employees or agents, or anyone else who has been involved in the creation, production or delivery of the Software (collectively the “Indemnified Parties”) harmless from and against all damages, costs, claims and liabilities (including reasonable attorney’s fees) suffered or incurred by the Indemnified Parties as a consequence of any claims or proceedings made or brought against the Indemnified Parties by any person in connection with: (a) your use of the Software, when such use is in violation of this EULA; or (b) actions taken or recommendations made by you as a result of the use of the Software.”
10. TERMINATION. This EULA is effective until it is terminated. You may terminate this EULA at any time by discontinuing your use of the Software and destroying all copies of the Software and related documentation in your possession or under your control. Philadelphia Scientific (U.K.) Ltd may immediately terminate this EULA if you violate any of its terms and conditions. Upon termination of this EULA, all license rights granted to you shall immediately terminate and all rights to use the terminated Software cease. You must delete any Software supplied and, if requested by Philadelphia Scientific (U.K.) Ltd, certify to Philadelphia Scientific (U.K.) Ltd that such deletion occurred.
11. SURVIVAL. Sections 2, 3, 4, 6, 8, 14-18 and 20 of this EULA shall survive the termination of this EULA.
12. CONTROLLING LAW AND VENUE. This EULA will be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree to the jurisdiction of the state regarding any disputes arising under this Agreement.
13. SEVERABILITY. If any provision or portion thereof of this EULA is found by a court of competent jurisdiction to be unenforceable, that provision or portion thereof shall be severed from this EULA, and the remainder of this EULA shall continue in full force and effect.
14. COMPLETE AGREEMENT. This EULA constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings between you and us regarding the subject matter hereof. No amendment to or modification of this EULA will be binding unless in writing and signed by Philadelphia Scientific (U.K.) Ltd. Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA shall govern.
15. EXPORT COMPLIANCE. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.K. Government embargo, or that has been designated by the U.K. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.K. Government list of prohibited or restricted parties.
16. DEVELOPER NAME AND ADDRESS. Philadelphia Scientific (U.K.) Ltd. Has a place of business at Atlas Mill, Mornington Road, Bolton, Lancashire, BL1 4EZ. Any questions, complaints, or claims you may have with regard to the Software should be directed to: +44(0)1204 467 777 or info@phlsci.co.uk.