Mobile application end-user licence agreement
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP FROM THIS WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and THE ROYAL COLLEGE OF PAEDIATRICS AND CHILD HEALTH of 5 Theobalds Road, London, WC1X 8SH (Licensor, us or we) for:
- Paediatric Care Online (PCO UK) version 1.0 mobile application software (App); and
- PCO subscriber-content downloaded to your device (Downloaded Content).
We license 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 https://play.google.com/store/apps (for Android devices) or http://itunes.apple.com/ (for Apple devices) (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App to you. The Downloaded Content forms part of your existing subscription to the main Paediatric Care Online material at http://pcouk.org/, referred to here as "PCO UK". We remain the owners of the App and Downloaded Content at all times.
OPERATING SYSTEM REQUIREMENTS
THIS APP REQUIRES A MOBILE TELEPHONE OR HANDHELD DEVICE WITH A MINIMUM OF 10MB OF MEMORY FOR THE APP PLUS ADDITIONAL STORAGE FOR THE DOWNLOADED DOCUMENTS, INTERNET ACCESS AND (FOR APPLE DEVICES) AN iPHONE 5, 5C, 5S, 6, 6 PLUS, 6S, 6S PLUS OR iPAD AIR, MINI, OR iPAD2 IN EACH CASE RUNNING THE CURRENT VERSION OF iOS AND (FOR ANDROID DEVICES) ANDROID JELLYBEAN (4.1 - 4.3) UPWARDS. IT IS YOUR RESPONSIBILITY TO ENSURE YOUR DEVICE IS COMPATIBLE WITH THE APP
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW. IN THIS CASE THE DOWNLOADING PROCESS WILL TERMINATE.
- THE DOWNLOADED CONTENT WILL BE DOWNLOADED TO YOUR DEVICE AFTER THE APP IS INSTALLED AND YOU HAVE LOGGED IN TO YOUR EXISTING PCO UK SUBSCRIPTION. UNLESS YOU HAVE AN ACTIVE PCO SUBSCRIPTION YOU WILL NOT BE ABLE TO ACCESS THE DOWNLOADED CONTENT.
You should print a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App, including any updates or supplements to the App.
1.2 We may change these terms at any time by sending you an SMS with details of the change, notifying you of a change when you next start the App, sending you an email to the address you used to register with PCO UK, or at the PCO UK website at http://pcouk.org/ss/terms.aspx. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
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 App until you have downloaded 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 3.2(a) (Devices) to download 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 on or in relation to any Device, whether or not it is owned by you.
1.5 The App may automatically download content, included updated Downloaded Content, to your Devices from time to time. The App may also automatically update from time to time, depending on your AppStore (for iOS) or Google Play (for Android) settings.
1.7 By using the App, 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 the App to you.
1.8 The App 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.
1.9 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. PURPOSE OF THE APP
2.1 The App is designed to provide immediate, evidence-based guidance to inform decisions at point of care, together with a repository of supporting reference material and patient/carer information. You must not use the App for any other purposes. The App aims to provide information to enable a UK healthcare professional to make a clinical decision, but ultimately any user must rely on their own knowledge to make such decisions.
3. GRANT AND SCOPE OF LICENCE
3.2 You may:
(a) download a copy of the App onto your Devices and view, use and display the App on the Devices for your personal purposes only and in line with the purpose set out at clause 2 above; and
(b) use the Downloaded Content for your personal purposes only and in line with the purpose set out at clause 2 above.
3.3 Whilst anyone is free to download the App itself it is designed to work only with the Downloaded Content. The Downloaded Content is only available to a person having an active subscription to PCO UK.
4. LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App or Downloaded Content 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 Downloaded Content;
(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;
(h) not to provide or otherwise make available the App and / or the Downloaded Content to any person who does not have an active subscription to PCO UK; and
(i) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (Technology),
together Licence Restrictions.
5. ACCEPTABLE USE RESTRICTIONS
(a) not use the App 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, 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 (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;
(d) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the App or its content.
together referred to as Acceptable Use Restrictions.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that all intellectual property rights in the App, the Downloaded Content, 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 Downloaded Content or the Technology other than the right to use each of them in accordance with the terms of this EULA.
6.2 You acknowledge that you have no right to have access to the App in source-code form and /or to disable or attempt to disable any copy protection measures in place within the App or the Downloaded Content.
7. FURTHER INFORMATION AND SUPPORT
7.1 We are not able to offer formal technical support to you in your use of the App. However, we have set out some information in relation to use of the App here http://pcouk.org/SS/Help.aspx which is designed to provide assistance to you.
8. LIMITATION OF LIABILITY
8.1 You acknowledge that the App has not been developed to meet your inpidual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App and Downloaded Content meet your requirements.
8.2 We only supply the App and Downloaded Content in line with the purpose set out at clause 2 above. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 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 8.4 or 8.5, 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.
8.4 If you are not a 'Consumer' (as defined by section 2 of the Consumer Rights Act 2015) then, subject to clause 8.6, our total liability to you in respect of all losses arising under or in connection with the EULA, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10,000 (ten thousand pounds).
8.5 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
9.1 We may terminate this EULA immediately by written notice to you:
(a) 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;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
(c) if you refuse to install an updated version of the App when requested by us to do so.
9.2 In addition, this EULA will automatically terminate is you cease to hold an active subscription for PCO UK for any reason.
9.3 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; and
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Downloaded Content then in your possession, custody or control and certify to us that you have done so;
10. COMMUNICATION BETWEEN US
10.1 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 to email@example.com or by prepaid post to THE ROYAL COLLEGE OF PAEDIATRICS AND CHILD HEALTH of 5 Theobalds Road, London, WC1X 8SH. We will confirm receipt of this by contacting you in writing, normally by e-mail.
10.2 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 provided to us in the registration process for your subscription to PCO UK.
11. EVENTS OUTSIDE OUR CONTROL
11.1 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).
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) 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
(b) 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.
12. OTHER IMPORTANT TERMS
12.1 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.
12.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
12.3 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.
12.4 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.
12.5 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.