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END USER LICENCE AGREEMENT
This End User Licence Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Phonarama (UK) Ltd (“Company”). This Agreement governs your use of the Company's Phonarama (UK) Ltd Application (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY DOWNLOADING THE APPLICATION, YOU
(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT;
(B) REPRESENT THAT YOU ARE AUTHORIZED WITH PROPER CREDENTIALS AND PASSWORDS TO ACCESS AND USE THE APPLICATION; AND
(C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE, DESKTOP OR OTHER DEVICE.
1. Licence Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and non-transferable licence to
(a) download, install, and use the Application for your use on a mobile, desktop or other device owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation; and
(b) access, stream, download, and use on such Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.
2. Restrictions on Use. You shall use the Application strictly in accordance with the terms of the licence grant and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavour, commercial enterprise, or other purpose except for the purpose for which it is designed or intended; (f) install, use or permit the Application to exist on more than one mobile device at a time or on any other mobile device or computer; (g) distribute the Application to multiple mobile devices; (h) make the Application available over a network or other environment permitting access or use by multiple mobile devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company; or (j) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under licence, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the licence granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks, trade secrets and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge and accept that when you download, install, or use the Application, Company will collect information about your Device and about your use of the Application, including information about the type of device you are using, the desired Phonarama (UK) Ltd design for a particular device, geolocation, store identification, and user id information. You will also be required to provide certain information about yourself, including your first and last name, a physical address, telephone number, and email address as a condition to downloading, installing, or using the Application or certain of its features or functionality, which is necessary to enable Company to identify the particular stores and store employees for particular transactions, detect fraud, and prevent security incidents. All information we collect through or in connection with this Application is subject to our Privacy Policy, found here
https://www.phonarama.co.uk/privacy-policy-2/
By downloading, installing, using, and providing information to or through this Application, you acknowledge and agree to allow us to collect and use your information in accordance with the Privacy Policy. You hereby grant us a perpetual, non-exclusive, royalty-free right and licence to copy, modify, and use any information and data supplied by you or collected on your behalf so that we may enhance the Application and our Services, including, but not limited to the right to use aggregate data to create analytical trend data (in anonymous form) that will be shared with third parties, including our distributors, potential new customers, and third-party service providers, such as our mobile application developers, who render services to Company. In no event will any information be disclosed in a manner that allows particular customers or individuals to be identified. Notwithstanding the foregoing, you agree that your business name may appear in a list of participating organizations for reports containing such analytical trend data.
5. Content and Services. The Application may provide you with access to Company's website located at
(the “Website”) and products and services accessible thereon, and certain features or functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Website's Privacy Policy located at
https://www.phonarama.co.uk/privacy-policy-2/
which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
6. Geographic Restrictions. The Content and Services are based in the State of Montana in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either:
(a) The Application will automatically download and install all available Updates; or
(b) You may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
8. Third-Party Material. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or material) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Material”). You acknowledge and agree that Company is not responsible for Third-Party Material, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Material. Third-Party Material and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. The Application may also modify software or firmware on third-party devices with which you use the Application. You acknowledge and agree to such modifications.
9. Term and Termination. The Term of this Agreement will commence upon your download of the Software and/or your commencement of the Content and Services and, unless terminated earlier as provided in this section, will continue in perpetuity. The Agreement will immediately terminate upon your breach of the terms and conditions of this Agreement, unless such breach is curable and is actually and immediately cured by you. Upon termination of this Agreement, you will discontinue all use of the Application, promptly destroy or have destroyed any copies thereof. Company may also terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion.
10. Disclaimer of Warranties. The Application is provided to licensee “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether expressed, implied, statutory, or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice, or otherwise, with respect to the application, including all implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
11. Limitation of Liability. Under no circumstances, and to the fullest extent permitted by applicable law, shall Company or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access to or use of or inability to access or use the application and any third-party content and services, whether or not the damages were foreseeable and whether or not company was advised of the possibility of such damages.
12. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney’s fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including, but not limited to, the content you submit or make available through this Application.
13. Export Regulation. The Application may be subject to United States export control laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export licence or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States.
14. U.S. Government Rights. The Application is commercial computer software, as such term is defined in48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under licence, in accordance with: (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defence and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
16. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Montana without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States, or the courts of the state of Montana. You waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.
17. Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to this Agreement or the Application must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.
18. Entire Agreement. This Agreement, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.