PHOS EDUCATION LIMITED APP END-USER LICENSE AGREEMENT
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE APP DOWNLOADABLE TO YOUR APP-ENABLED MOBILE DEVICE.
YOUR USE OF THE PHOS EDUCATION LIMITED APP IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON OR LINKS AS MAY BE DESIGNATED BY PHOS EDUCATION LIMITED TO SHOW THESE TERMS AND/OR TO INSTALL THE PHOS EDUCATION LIMITED APP, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE PHOS EDUCATION LIMITED APP AND ANY ASSOCIATED SERVICES UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT PHOS EDUCATION LIMITED MAY CREATE AND MAKE AVAILABLE ON ITS WEBSITE FROM TIME TO TIME.
Phōs Education Limited App End-User License Agreement (“EULA”) is a legal agreement between You and Phōs Education Limited for the Phōs Education Limited App which may include associated software components, media, printed materials, and “online” or electronic documentation.
This license agreement represents the entire agreement concerning the program between You and Phōs Education Limited and it supersedes any prior proposal, representation, or understanding between the parties.
The Phōs Education Limited App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Phōs Education Limited App is licensed, not sold and Phōs Education Limited retains ownership of all intellectual property rights in relation to the App.
As part of these Terms and Conditions, this agreement is subject to occasional amendment and any changes to these terms and conditions will be published on our website.
1. GRANT OF LICENSE.
The Phōs Education Limited App is licensed as follows:
(a) Installation and Use.
Phōs Education Limited grants You the right to install and use the Phōs Education Limited App on Your app-enabled mobile device.
(b) Consent to Use of Data.
You agree that Phōs Education Limited 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 services to You (if any) related to the Phōs Education Limited App. Phōs Education Limited 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.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the Phōs Education Limited App.
You may not distribute registered copies of the Phōs Education Limited App to third parties or make the Phōs Education Limited App available over a network where it could be used by multiple devices at the same time.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not copy (except as expressly permitted by this license), reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Phōs Education Limited App, any updates, or any part thereof except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Phōs Education Limited App.
You may not rent, lease, or lend the Phōs Education Limited App.
(e) Support Services.
Phōs Education Limited may provide You with support services related to the Phōs Education Limited App (“Support Services”). Any supplemental software code provided to You as part of the Support Services shall be considered part of the Phōs Education Limited App and subject to the terms and conditions of this EULA.
The terms of the license will govern any upgrades provided by Phōs Education Limited that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
(g) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Phōs Education Limited App.
Without prejudice to any other rights, Phōs Education Limited may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Phōs Education Limited App in Your possession.
All title, including but not limited to copyrights, in and to the Phōs Education Limited App and any copies thereof are owned by Phōs Education Limited or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Phōs Education Limited App is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. All rights not expressly granted are reserved by Phōs Education Limited.
5. NO WARRANTIES
Phōs Education Limited expressly disclaims any warranty for the Phōs Education Limited App. The Phōs Education Limited App is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Phōs Education Limited does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Phōs Education Limited App. Phōs Education Limited makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Phōs Education Limited further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
Except in the case of death or personal injury caused directly by the negligence of Phōs Education Limited, in no event shall Phōs Education Limited be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the Phōs Education Limited App, even if Phōs Education Limited has been advised of the possibility of such damages. In no event will Phōs Education Limited be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Phōs Education Limited shall have no liability with respect to the content of the Phōs Education Limited App or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. STATUTORY RIGHTS
You may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to You. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this EULA and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that You may have as a consumer (ie a purchaser for private as opposed to business, academic or government use) are not affected.
8. LAW AND JURISDICTION
The laws of England and Wales, excluding its conflicts of law rules, govern this license and Your use of the Phōs Education Limited App. Your use of the Phōs Education Limited App may also be subject to other local, state, national, or international laws.
Unauthorised use of the Phōs Education Limited App may give rise to a claim for damages and/or be a criminal offence.
The English courts shall have exclusive jurisdiction in relation to disputes arising under this EULA.
Any clause in this EULA that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this EULA shall not be affected by that deletion.
Failure or neglect by either party to exercise any of its rights or remedies under this EULA will not be construed as a waiver of that party’s rights nor in any way affect the validity of the whole or part of this EULA nor prejudice that party’s right to take subsequent action.
This EULA is personal to You and You may not assign, transfer, sub-contract or otherwise part with this EULA or any right or obligation under it without the Phōs Education Limited’s prior written consent.
WordNet 3.0 Copyright 2006 by Princeton University. All rights reserved. THIS SOFTWARE AND DATABASE IS PROVIDED “AS IS” AND PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANT- ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE, DATABASE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.