END USER LICENSE AGREEMENT
Last Updated: November 8, 2014
The following end user license agreement ("EULA") constitutes an agreement between you and Disrapptive Ltd ("Disrapptive").
For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by Disrapptive including, but not limited to mobile applications/games. Software also includes updates and on-line materials. "Services" means all services made available by Disrapptive. Software and Services are collectively referred to as "Disrapptive Services".
The terms of this EULA governs your use of the Software and Services. Disrapptive reserves the right to update or alter this EULA from time to time without notice to you. If Disrapptive makes any changes to this EULA, Disrapptive will change the "Last Update" date above.
The Software is licensed, not sold. Your license and use of the Software is subject to your prior acceptance of this EULA. By installing, using or accessing the Disrapptive Services, you hereby accept the terms of this EULA. If you do not accept the terms in this EULA, please do not install, use or access the Disrapptive Services.
Software License: Subject to this EULA and its terms and conditions, Disrapptive hereby grants you a non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
Service License: Subject to this EULA and its terms and conditions, Disrapptive hereby grants you a non-exclusive, non-transferable, limited right and license to use the Services as provided by Disrapptive, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
License Term: The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier data of either your disposal of the Software and/or Services or Disrapptive's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
2.- Third Party Services and Third Party Terms and Conditions
Please note that your access to and use of the Disrapptive Services may be subject to certain third party services. These third party services are subject to respective third party terms and conditions. Disrapptive does not accept any responsibility or liability for these third party service terms and conditions and their use of your personal data.
3.- General License Conditions
You agree not to: (i) commercially exploit the Disrapptive Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Disrapptive Services, any copies thereof, or any passwords or usernames of Disrapptive Services, without the express prior written consent of Disrapptive or as set forth in this EULA; (iii) make a copy of the Disrapptive Services or any part thereof, including but not limited to Software; (iv) make the Disrapptive Services publicly available or available on a network for use of download by multiple users; (v) except as otherwise specifically provided by the Disrapptive Services or this EULA, use or install the Disrapptive Services (or permit others to do same) on a network, for on-line use, or on more than one device unit at the same time; (vi) use or copy the Disrapptive Services in a location-based site; provided, that Disrapptive may offer you a separate site license agreement to make the Disrapptive Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate or otherwise modify the Disrapptive Services, in while or in part; (viii) remove, obscure or modify any copyright trademark or other proprietary rights notices, marks or labels contained on or within the Disrapptive Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Disrapptive Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Disrapptive Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Disrapptive Services; (xii) make improper use of Disrapptive's support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; (xiii) use the Disrapptive Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
The Disrapptive Services may include measures to control access to the Disrapptive Services, prevent unauthorised copies, or otherwise attempts to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Disrapptive Services subject to a value license can be used to access online services, and download updates. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Disrapptive Services will not function properly.
The Disrapptive Services may require compatible devices, internet connection to access the Disrapptive Services, authenticate the Software, or perform other functions. By using the Disrapptive Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. You agree that meeting these requirements, which may change from time to time, is your responsibility.
5.- No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DISRAPPTIVE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. DISRAPPTIVE, DISRAPPTIVE'S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, UNINTERRUPTED USE, ACCURACY OF DATA, OF QUIET ENJOYMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. DISRAPPTIVE, DISRAPPTIVE'S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE DISRAPPTIVE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE DISRAPPTIVE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE DISRAPPTIVE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER DISRAPPTIVE SERVICES OR THAT ANY ERRORS IN THE DISRAPPTIVE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY DISRAPPTIVE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
6.- Limitation of Liability
IN NO EVENT WILL DISRAPPTIVE, DISRAPPTIVE'S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE DISRAPPTIVE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE UNIT FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT DISRAPPTIVE, DISRAPPTIVE'S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL DISRAPPTIVE, DISRAPPTIVE'S LICENSORS OR CHANNEL PARTNERS' LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE DISRAPPTIVE SERVICES OR FIVE POUNDS (£ 5), WHICHEVER LESS.
7.- Waiver and Indemnity
You agree, to the extent permitted by law, to indemnify, defend and hold Disrapptive, its directors, officers, employees, contractors, agents, and licensors harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your use of the Disrapptive Services; or (ii) your breach of this EULA.
This EULA is effective until terminated by you or Disrapptive. Your rights under this EULA will terminate automatically without notice if you fail to comply with its terms and conditions. In such event, you shall cease all use of the Software and destroy all copies of the Software.
9.- Law and Jurisdiction
This EULA will be governed by the laws of England without regard to conflict of laws rules and principles and without regard to the United Nations Convention for the International Sale of Goods. The courts of England shall have the exclusive jurisdiction and venue to adjudicate any dispute, controversy or claim arising out of this EULA.
You agree that you may bring claims against Disrapptive only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If you have any questions or comments about this EULA please contact Disrapptive at firstname.lastname@example.org