THIS AGREEMENT is made when the End-user accepts
it.
PLEASE READ CAREFULLY BEFORE USING THIS APPLICATION.
This end-user licence agreement (EULA)
is a legal agreement between you (End-user or you) and NOVARUM DX LIMITED of Edinburgh, UK (Licensor, us or we) for:
·
NOVARUM DEMONSTRATION APP mobile application software, the data
supplied with the software, and the associated media (App);
and
·
electronic 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 any appstore
provider or operator from whose site, located at HOCKEYAPP (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App or Documents to
you. We remain the owners of the App and Documents at all times.
Operating system requirements This App requires an
Android or iOS mobile device with a minimum of 5 Mpixel camera with LED flash,
autofocus and 1GHZ processor. Internet access and operating system (Android v5+,
or iOS v11+), and a Novarum End User Account.
Validated Devices This App has been formally tested and
validated for use only with the following devices: Apple iPhone 8, Samsung Galaxy
S8
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, the privacy
policy defined in condition 1.5 and 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 process
now by clicking on the "Cancel" button below. In this case the downloading
process will terminate.
·
As a consumer, you have the right to withdraw from your
transaction without charge and without any reason before downloading the App
and Documents.
·
However, you will lose the right to cancel the transaction once
you begin to download or stream the App or Documents.
·
This does not affect your consumer rights for an app or documents
that are defective.
You can access this EULA via the “Legal” link on the
App Menu for future reference.
IT IS AGREED AS FOLLOWS:
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, or Email
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 2.2.1 (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.
1.6
By using the App or any of the Services, you consent to us (or our technology
provider, Novarum DX Ltd) 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.
1.7
Any measurement made with, or displayed by the App is intended as an aid
to detection and assessment only. Any diagnosis or treatment decision should
be entirely the responsibility of the End-user, who may require to seek
professional advice. Any such decisions should integrate all of the
information available from a variety of sources including clinical examinations
when forming an opinion.
1.8
The App does not have regulatory approval for use as a medical device.
1.9
Certain Services, will make use of location data sent from the Devices.
You can turn off this functionality at any time by turning off the location
services settings for the App on the Device. If you use these Services, you
consent to us and our affiliates' and licensees' transmission, collection,
maintenance, processing and use of your location data and queries to provide
and improve location-based and road traffic-based products and services. You
may withdraw this consent at any time by turning off the location services settings.
1.10
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.
1.11
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:
2.2.2
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:
3.1.1
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;
3.1.2
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or
modify the App or Documents;
3.1.3
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;
3.1.4
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 or any equivalent legislation or regulations that apply in
any relevant jurisdiction) 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:
3.1.4.1
is used only for the purpose of achieving inter-operability of the App
with another software program;
3.1.4.2
is not unnecessarily disclosed or communicated without our prior written
consent to any third party; and
3.1.4.3
is not used to create any software that is substantially similar to the
App;
3.1.5
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;
3.1.6
to include our copyright notice on all entire and partial copies you
make of the App on any medium;
3.1.7
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
3.1.8
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:
4.1.1
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;
4.1.2
not infringe our intellectual property rights or those of any third
party in relation to your use of the App or any Service, including the
submission of any material (to the extent that such use is not licensed by this
EULA);
4.1.3
not transmit any material that is defamatory, offensive or otherwise
objectionable in relation to your use of the App or any Service;
4.1.4
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
4.1.5
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.
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.
5.3
This software includes patented technology, all rights to that software are
retained by the patent holders.
6.1
We warrant that:
6.1.1
the App will, when properly used and on a Validated Device for which it
was designed, perform substantially in accordance with the functions described
in the Documents; and
6.1.2
that the Documents correctly describe the operation of the App in all
material respects,
for a period of 1 from the
date on which the App is downloaded or streamed to the Devices (Warranty Period).
6.2
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, you will be entitled to any future release of
the software which remedies the fault.
6.3
The warranty does not apply:
6.3.1
if the defect or fault in the App or any Service results from you having
amended the App;
6.3.2
if the defect or fault in the App results from you having used the App
in contravention of the terms of this EULA; and
6.3.3
if you breach any of the Licence Restrictions or the Acceptable Use
Restrictions.
6.4
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.
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
If you use the App and Documents for any commercial or business
purposes, you acknowledge and agree that we have no liability to you for any
loss of profit, loss of business, business interruption, or loss of business
opportunity.
7.3
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 limit
specified in condition 7.4, but we are not responsible for any unforeseeable
loss or damage. Loss or damage is foreseeable if it is an obvious consequence
of our breach or if they were contemplated by you and us at the time we granted
you the EULA.
7.5.1
death or personal injury resulting from our negligence;
7.5.2
fraud or fraudulent misrepresentation; and
7.5.3
any other liability that cannot be excluded or limited by English law.
8.1
We may terminate this EULA immediately by written notice to you:
8.1.1
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; and
8.1.2
if you breach any of the Licence Restrictions or the Acceptable Use
Restrictions.
8.2
On termination for any reason:
8.2.1
all rights granted to you under this EULA shall cease;
8.2.2
you must immediately cease all activities authorised by this EULA,
including your use of any Services; and
8.2.3
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 or
by prepaid post to NOVARUM DX LTD, 5 SEMPLE ST, EDINBURGH, EH3 8BL and ENQUIRIES@NOVARUMDX.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 or by pre-paid post to the address you provide to us in your request
for the App.
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 EULA that is caused
by any act or event beyond our reasonable control, including failure of public
or private telecommunications networks (Event Outside Our
Control).
10.2
If an Event Outside Our Control takes place that affects the performance
of our obligations under this EULA:
10.2.1
our obligations under this EULA will be suspended and the time for
performance of our obligations will be extended for the duration of the Event
Outside Our Control; and
10.2.2
we will use our reasonable endeavours to find a solution by which our
obligations under this EULA may be performed despite the Event Outside Our
Control.
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
You may only transfer your rights or obligations under this EULA to
another person if we agree in writing.
11.3
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.
11.4
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.
11.5
Please note that this EULA, its subject matter and its formation, are
governed by English law. You and we both agree that the courts of England and
Wales will have non-exclusive jurisdiction. However, if you are a resident of
Northern Ireland you may also bring proceedings in Northern Ireland, and if you
are resident of Scotland, you may also bring proceedings in Scotland.