Please read this EULA carefully, as it sets out the basis upon which we license the Software for use.

By clicking “Accept agreement” as the User of the Software, the User agree to be bound by the provisions of this EULA.

AGREEMENT

1. Definitions

1.1        Except to the extent expressly stated otherwise, in this EULA:

“Application” means the Software, Services and External Services.

“Documentation” means the documentation for the Software produced by the Licensor and delivered or made available by the Licensor to the User;

“Effective Date” means the date upon which the User gives their express consent to this EULA, following the issue of this EULA by the Licensor;

“EULA” means this end user licence agreement, including any amendments to this end user licence agreement from time to time;

“External Service” An external service provider (ESP) is any Internet based service not sourced from Rapid Prototyping Systems Ltd.

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or un-registrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

“Licensor” means Rapid Prototyping Systems Ltd, a company incorporated in England and Wales (registration number 3146178) having its registered office at 97 Church Lane, Marple, Stockport, SK6 7AR;

“Services” means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this EULA;

“Software” means Conservatory Design App;

“Source Code” means the Software code in human-readable form or any part of the Software code in human-readable form, including code compiled to create the Software or decompiled from the Software, but excluding interpreted code comprised in the Software;

“User” means the person to whom the Licensor grants a right to use the Software under this EULA; and

2. Scope of Licence: Licensor grants to the User a non-transferable licence to use the Licensed Application on any appropriate mobile device that the User owns or control and as permitted by the Usage Rules. Except as provided in the Usage Rules, the User may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. The User may not transfer, redistribute or sub-licence the Licensed Application and, if the User sells the mobile device to a third party, the User must remove the Licensed Application from the mobile Device before doing so. The User may not copy (except as permitted by this licence and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Licensed Application, any updates or any part thereof (except as and only to the extent that 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 Licensed Application).

3. Source Code: Nothing in this EULA shall give to the User or any other person any right to access or use the Source Code or constitute any licence of the Source Code.

4. No assignment of Intellectual Property Rights: Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.

5. Consent to Use of Data: The User agrees that Licensor may collect and use technical data and related information—including but not limited to technical information about the Users device, system and application software and peripherals—that is gathered periodically to facilitate the provision of software updates, product support and other services to the User (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify the User (unless the User gives express consent), to improve its products or to provide services or technologies to the User.

6. The Licensor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. The User agrees that the Licensor shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Application. The Licensor reserves the right to change, limit usage of, and/or discontinue any service at any point in time. Failure to update to the latest version of the software may result in issues with the Application.

7. NO WARRANTY: Licensor will use reasonable care and skill with respect to the provision of the Licensed Application and any External Services performed, provided or linked to the Licensed Application to the User. Licensor does not make any other promises or warranties about the External Services and in particular does not warrant that:

(i) The User’s use of the Application will be uninterrupted or error-free;

(ii) the Application will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and Licensor disclaims any liability relating thereto. The User shall be responsible for backing up their own system, including any Licensed Application that is stored on that system.

8. Limitations of liability

(i) Except as set out in section (ii) hereunder, in no case shall Licensor, its directors, officers, employees, affiliates, agents, contractors, principals or licensors be liable for any loss or damage caused by Licensor, its employees or agents where:

(1) there is no breach of a legal duty of care owed to the User by Licensor or by any of its employees or agents;

(2) it is not a reasonably foreseeable result of any such breach;

(3) any increase in loss or damage results from breach by the User of any term of this End User Licence Agreement (“Agreement”);

(4) it results from a decision by Licensor to warn the User, to suspend or terminate the User’s access to the Application or to take any other action during the investigation of a suspected violation or as a result of Licensor’s conclusion that a violation of this Agreement has occurred;

(5) it relates to loss of income, business or profits or any loss or corruption of data in connection with the Users use of the Application.

(ii) Nothing in this Agreement removes or limits Licensor’s liability for fraud, gross negligence, wilful misconduct or for death or personal injury caused by its negligence.

9. Termination: The Users license to use the Application terminates if the User breaches this EULA.The effective date of this EULA will commence upon the User’s acceptance and download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon The User’s breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, the User will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Rapid Prototyping Systems Ltd, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Clauses 1, 2, 6, 8, 10 and 11 of this EULA shall survive termination.;

10. General

10.1      No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.

10.2  If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

10.3  This EULA may not be varied except by a written document signed by or on behalf of each of the parties.

10.4  Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this EULA.

10.5  This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.

10.6      Nothing in this EULA shall exclude or limit any liability of a party for fraud or fraudulent misrepresentation, or any other liability of a party that may not be excluded or limited under applicable law.

10.7  Subject to Clause 12.6, this EULA shall constitute the entire agreement, unless formally agreed by both parties, between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

10.8  This EULA shall be governed by and construed in accordance with English law.

10.9  The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.

11. Interpretation

11.1  In this EULA, a reference to a statute or statutory provision includes a reference to:

(a)         that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b)         any subordinate legislation made under that statute or statutory provision.

11.2      The Clause headings do not affect the interpretation of this EULA.

11.3      In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

All copyrights for external technologies referenced are the property of the appropriate companies.