END USER LICENSE AGREEMENT (EULA)
Last updated October 10, 2020
SoftWyer Applications are licensed to You (End-User) by SoftWyer Limited, located in the United Kingdom (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading and installing the Applications, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that its suppliers are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. SoftWyer Limited, not its suppliers, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Applications that are in conflict with the latest supplier's terms of service. SoftWyer Limited acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATIONS
1.1 SoftWyer Mobile Applications (hereinafter: the Applications) are pieces of software created for iOS and Android mobile devices.
1.2 The Applications are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Applications. You may not use the Applications in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Applications on any Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the applicable Store Terms of Service (e.g. Apple and Google's Application Stores), with the exception that such licensed Applications may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Applications provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 Licensor reserves the right to modify the terms and conditions of licensing.
2.4 Nothing in this license should be interpreted to restrict suppliers terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Applications are developed to run on current devices using the latest versions of the device manufacturers operating systems at the time of their development. There is no support, implied or otherwise, for future versions of device operating systems.
3.2 Updated versions of the Applications are not guaranteed to support older versions of devices and it may be that updates will no longer work on older devices.
4. NO MAINTENANCE OR SUPPORT
4.1 SoftWyer Limited is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
4.2 SoftWyer Limited and the End-User acknowledge that no suppliers have any obligation whatsoever to furnish any maintenance and support services with respect to the licensed Applications.
4.3 SoftWyer Limited, or its suppliers, may at any time remove access to services that are required to run the Applications. In the event that a service will be removed, SoftWyer Limited will endeavour, where possible, to notify the users of the Applications one month beforehand so that You are able to export data or take other precautions to save Your data.
5. USE OF DATA
5.1 You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Applications content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy.
6. LIABILITY
6.1 In no event shall SoftWyer or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Applications, even if SoftWyer or a SoftWyer authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6.2 SoftWyer Limited are not responsible for any of the content that users of the Applications may share with the Licensor. In the event that this content breaches any regulatory rules SoftWyer Limited will, when notified, review and if necessary remove or prevent sharing of said content.
7. WARRANTY
7.1 SoftWyer Limited warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
7.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of SoftWyer Limited's sphere of influence that affect the executability of the Application.
8. PRODUCT CLAIMS
8.1 SoftWyer Limited and the End-User acknowledge that SoftWyer Limited, and not its suppliers, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
9. LEGAL COMPLIANCE
9.1 You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
10. CONTACT INFORMATION
10.1 For general inquiries, complaints, questions or claims concerning the licensed Applications, please contact:
SoftWyer Support
PO Box 98, Swindon, UK
email: support@softwyer.com
11. TERMINATION
11.1 The license is valid until terminated by SoftWyer Limited or by You. Your rights under this license will terminate automatically and without notice from SoftWyer Limited if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
12.1 SoftWyer Limited represents and warrants that SoftWyer Limited will comply with applicable third-party terms of agreement when using licensed Application.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 SoftWyer Limited and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, SoftWyer Limited, and not its suppliers, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
14. APPLICABLE LAW
This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
15. MISCELLANEOUS
15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
16. DATA AND ACCOUNT MAINTENANCE
16.1 For applications that use cloud host services, such as the My Collections application, we will endeavour to provide this service whilst we are still in business and the cloud service providers are operating. This provision of service can be cancelled by the cloud service providers at any time and this is beyond our control.
16.2 In the event that the cloud service providers increase their hosting costs to an extent that SoftWyer Limited can no longer afford this service, we will attempt to inform users and suggest that they export or copy their data before we are forced to stop the cloud service thus rendering the applications useless.
16.3 User accounts that have not been used in TWO YEARS will be archived and their data deleted. This is regardless of whether the user has, or has had, an active subscription. Whilst SoftWyer Limited will endeavour to warn users before this happens, this is on a best-endeavours basis and the user should not rely on being warned that their data will be deleted.