End User License Agreement
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Imperial College of Science, Technology and Medicine of Exhibition Road, London SW7 2AZ (Licensor, us or we) for:
· The SCAMP Study App mobile application software (App)
We do not sell the App to you. The SCAMP Study App is free to download and use to anyone who is an existing participant of the SCAMP study or who receives an invitation from us to participate in the SCAMP Study. The App is intended only for participants of the SCAMP Study, and may not be otherwise used.
We remain the owners of the App at all times.
You must be 16 to accept these terms and to download and use the App
You must be at least 16 years of age in order to accept these terms and to download and use the App.
Operating System Requirements
Use of the App requires an Android or iPhone mobile telephone device which supports Android 6.0 or higher (in the case of Android phones) or iOS 13.5 or later (in the case of iPhones). This App requires a mobile telephone device with a minimum of 22 MB internal storage memory and 0.1 GB RAM.
Internet or data usage charges
Please be aware that your use of the App may require and utilise internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
We only use any personal information we collect through your use of the App in the ways set out in our Privacy Notice https://www.scampstudy.org/privacy-notice/, and you agree that we may do so. Even so, you are aware that you are not legally required to provide us or our licensors with personal information, and therefore you confirm that providing us and our licensors with your personal information is at your own free will. You are solely responsible for maintaining the security of your Device from unauthorized access.
If someone else owns the phone or device you are using
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
The licence to use the App
Subject to the terms and conditions of this Agreement, we grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the App on a mobile telephone (“Device”) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable App Store terms.
You agree not to, and shall not permit any third party to:
• sublicense, redistribute, sell, lease, lend or rent the App;
• make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time;
• disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App;
• copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof;
• circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App;
• remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App;
• use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications;
• use ours or our licensors’ name, logo or trademarks without our prior written consent; and/or
• use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
In order to use some of the App features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account
Intellectual property rights
All intellectual property rights in the App throughout the world belong to us or our licensors and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
We attempt to be as accurate as possible. However, neither we nor our licensors can or do warrant that the content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
Messages. (Push notifications/alerts)
To receive push notifications (alerts) from the App you must opt in via your device and via the in-app settings. You can enable push notifications on your device settings for the SCAMP Study App. To disable push notifications from the App, deselect from your device settings.
The app is provided on an “as is” and “as available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade.
We do not warrant that the app will operate error-free, that all content on the app will be accurate, that the app is free of viruses or other harmful code or that we will correct any errors in the app. You agree that neither we nor our licensors will be held responsible for any consequences to you or any third party that may result from technical problems including without limitation in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.
Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
Limitation of Liability.
Under no circumstances shall we or our licensors be liable for any special, direct, indirect, incidental, punitive or consequential damages, or for any loss of data, revenue, business or reputation, that arises under or in connection with this agreement, or that results from the use of, or the inability to use, the app even if you have been advised of the possibility of such damages.
In any event, our total aggregate liability for all damages and losses that arise under or in connection with this agreement, or that result from your use of, or inability to use the app, shall not in any circumstance exceed £10.
You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
Updates and Upgrades
We may from time to time provide updates or upgrades to the App (each a “Revision“), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies or those of our licensors, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
Third Party Open Source Software
Portions of the App may include third party open source software that are subject to third party terms and conditions (“Third Party Terms“). A list of any third party open source software and related Third Party Terms is available via Settings in the app. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, neither the Licensor nor its licensors makes any warranty or indemnity hereunder with respect to any third party open source software.
Third Party Sources and Content – we are not responsible for other websites you link to
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites.
Term and Termination
This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
Upon termination of this Agreement, you shall cease all use of the App. This Section and the following listed Sections (Intellectual Property Rights, Privacy, Warranty Disclaimers, Limitation of Liability, Third Party Open Source Software, Assignment, Changes to these Terms, Governing Law and Disputes, and General) shall survive termination of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification.
Changes to these Terms
We reserve the right to change these terms at any time by sending you an in-App notification and/or publishing the revised Agreement on the App or our website. The change will be effective ten (10) days following the notification, and your continued use of the App thereafter means that you accept those changes.
Governing Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws of England and Wales without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in London, England, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and us concerning your right to use the App. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by us. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Distributor Requirements and Usage Rules
Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
(i) You acknowledge and agree that:
(a) This Agreement is concluded between us and you only, and not with Apple, and we and our licensors, and not Apple, are solely responsible for the App and the content thereof.
(b) Your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
(c) The License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS.
(d) We are solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(e) We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Licensor’s sole responsibility.
(f) We, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(g) In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
(h) Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
(ii) You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(iii) If you have any questions, complaints, or claims regarding the App, please contact us at email@example.com.
(iv) By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
Version 1 Last updated: August 2021