BY DOWNLOADING AND USING THE CRISES CONTROL APPLICATION (“THE APPLICATION”) AND BY USING THE CRISES CONTROL WEBSITE (“THE WEBSITE”), (COLLECTIVELY, “THE CRISES CONTROL SERVICES HEREINAFTER REFERRED TO AS “THE SERVICES”) PROVIDED TO THE CLIENT BY OR ON BEHALF OF THE CRISES CONTROL COMPANY(“THE COMPANY”) AND ITS AFFILIATED ENTITIES IN CONNECTION WITH THE CLIENT’S USE OF THE SERVICES, THE CLIENT ACKNOWLEDGES AND AGREE THAT (1) THE CLIENT HAS READ THIS END USER LICENCE AGREEMENT (“THE CRISES CONTROL LICENCE AGREEMENT, HEREINAFTER REFERRED TO AS “THE LICENCE AGREEMENT” OR “EULA”); (2) THE CLIENT UNDERSTANDS IT; (3) THE CLIENT IS BOUND BY THE TERMS OF THIS LICENCE AGREEMENT; AND (4) THE CLIENT MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE APPLICATION OR THE WEBSITE (THE SERVICES). IF THE CLIENT DOES NOT AGREE TO THE FOREGOING, THEY AGREE THAT THEY DO NOT HAVE A LICENCE TO, AND THAT THEY WILL NOT USE, THE SERVICES.
1. General
This Licence Agreement is part of the Crises Control Terms of Use and all capitalised terms, where repeated here, take their definitions therefrom. It contains details on the Client’s limited rights and licence to use the Application and the Website solely in connection with their use of the Services. This Licence Agreement is between the Client and the Company and not any other party.
The Services contain material that is protected by copyright and other applicable intellectual property laws in the UK and other jurisdictions and by international treaty provisions. The Services are licenced, not sold or given, to the client by the Company for use only under the terms of this Licence Agreement and all rights not specifically granted to the client herein are reserved to the Company and to any third party with ownership rights in Services and documentation used in the Services. The Client may not remove any proprietary notice of the Company or any other party from any copy of the Services or its documentation.
The rights granted under the terms of this Licence Agreement include any Services upgrades that replace and/or supplement the original Services.
The Company reserves the right, from time to time, with or without notice to the Client, to change the terms of this Licence Agreement in its sole and absolute discretion. The most current version of this Licence Agreement will supersede all previous versions. The Client’s use of the Services, after changes are made, means that the Client agrees to be bound by such changes. As such, the Client should review the Licence Agreement periodically.
2. Permitted Use/Restrictions
2.1 Grant of Limited Licence. The Company grants to the Client (which, for purposes of this Licence Agreement, shall include members of their immediate staff, consultants, associates and affiliates to whom they give User rights and for whom the Client will be responsible hereunder and users of the Crises Control ready device with which they are accessing the Services and for whom the Client will be responsible hereunder) a non-exclusive, limited and non-transferable licence, subject to and conditioned on their compliance with the restrictions set forth in this Licence Agreement, to install and use the Services, in object code form only, provided to them by or on behalf of the Company in connection with their use of the Services.
2.2 The licence grant above includes the right to use documentation accompanying the Services for the sole purpose of using the Services and the right to make one (i) the Services are installed on only the number of Crises Control ready devices authorised by the Company (ii) the Services may NOT be modified; (iii) all copyright notices are maintained on the Services; and (iv) the Client agrees to be bound by all the terms of this Licence Agreement.
2.3 The Services are only for the Client’s non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit of any other person or entity.
2.4 As a condition of the limited licence for the Services granted to the Client in this Licence Agreement, except as and only to the extent expressly permitted in this Licence Agreement or by applicable law which cannot be waived by this Licence Agreement, the Client may NOT:
1. rent, lease, modify, loan, distribute or create derivative works based on the Services or any part thereof;
2. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Services to human readable form;
3. attempt to create the source code from the object code of the Services;
4. transmit or make the Services available over a network where it could be used by multiple computers or Crises Control ready devices at the same time;
5. take any action that will infringe on the intellectual property or other proprietary rights of the Company or any third party provider;
6. sub-licence or assign the Services;
2.5 The Company may use technologies to verify the Client’s compliance with this Licence Agreement.
2.6 If the Client “uninstalls” the Services, they may no longer be able to use the Services on that Crises Control Ready device ready device.
2.7 No ownership rights. The Client has no ownership rights in the Services. Rather, the Client has a limited licence to use the Services as long as this Licence Agreement remains in effect. Ownership of the Services and all intellectual property rights therein shall remain at all times with the Company and/or its affiliates. Any other use of the Services by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this Licence Agreement.
3. Third Party Content/Third Party Services
3.1 Content. Title and intellectual property rights in and to any content displayed by or accessed through the Services belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content.
3.2 Software. There are software programs contained within the Services that have been licenced to the Company by third parties. The term “Software” as used herein shall refer to such third party Software except where the term Software refers expressly to the ownership or other specific rights of the Company. The same terms and conditions, including all limitations and restrictions, set forth in this Licence Agreement apply to each third party Software program contained in the Services. Certain Software programs specified in the licences referenced in Section 9 (“Notices”) below may contain additional grants and/or restrictions.
4. Upgrading the Services
The Company may require the Client to consent to an upgrade to the Services (“Services Upgrades”) before using, installing or accessing the Services. If the Client declines the Services Upgrades, the Client may not be able to use or access the Services.
5. Consent to Use of Data
The Services may provide the Company with limited access to the Client’s Crises Control ready device. Among other things, the Services may provide the Company with information related to the Client’s use of the Services, including regarding the Client computer system, such as a unique device identifier, the Client operating system, amount of available storage space and internet connectivity, and the Client interaction with the Services. This information will, among other things, enable the Company to manage rights associated with the Services, allow the Company to help the Client use the Services more effectively, enforce the Company’s Terms of Use and otherwise help the Company to enhance and improve the Services. Information obtained by Company will be treated in accordance with our Privacy Policy.
6. Export Law Assurances
The Client may not use or otherwise export or re-export the Services except as authorised by international law and the laws of the jurisdiction in which the Services were legally obtained or authorised by the Company.
7. Termination
This Licence Agreement is effective until terminated. The Client’s rights under this Licence Agreement are terminable if The Company finds that the Client have violated any of the terms of this Licence Agreement. If the Company finds that the Client has violated any of the terms of this Licence Agreement the Client will be given 30 days notice of termination in which to remedy the breach. No waiver of any breach of any provision of this Licence Agreement by the Company shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorised representative of The Company. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this Licence Agreement.
The Client’s ability to use the Services is subject to the Client’s system compatibility with the Services as such requirements may change from time to time. Compatibility of system requirements with the Services is the Client’s responsibility.
Upon the termination of this Licence Agreement, the Client shall cease all use of the Services and destroy all copies, full or partial, of the Services that the Client may have downloaded hereunder.
8. Disclaimer of Warranties and Limitations on Liability
The Services are provided “AS IS” and “AS AVAILABLE”. The Disclaimers of Warranties and Limitations of Liability set forth in the Terms of Use expressly apply to this Licence Agreement, the Services and the use of the Services. We do not warrant that defects in the Services will be corrected.
9. Notices
9.1 Apple: If the Client has downloaded the Services from the Apple iTunes Application Store, the following additional terms apply to such Services:
1. The Client agrees and acknowledges that Apple is not responsible for the Services and its content. In addition, the Client’s use of such Services downloaded from such location is limited to a non-transferable licence to use the Services on any Apple branded products running iOS (including but not limited to iPad and iPhone, as applicable (collectively “Apple Device(s)”) that the Client owns or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, the Company hereby informs the Client and the Client acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
2. Apple has no warranty obligation with respect to the Services and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this Licence Agreement is the responsibility of the Company. Please note that the Company has disclaimed all warranties (see section above).
3. Apple is not responsible for addressing any claims relating to the Services or the Client’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4. Apple is not responsible for any third-party infringement claims that the Services or the Client’s possession and use of the Services infringe a third party’s intellectual property rights.
5. Third Party Beneficiary: The Company and the Client acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Licence Agreement with respect to any such Services, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the Licence Agreement against the Client as a third party beneficiary thereof as set forth herein and this shall be the only permitted exception to the disclaimer of the rights of third parties under in the Section 29(RIGHTS OF THIRD PARTIES) in the Company’s Terms of Use.
9.2 Microsoft – General
This product contains technology subject to certain intellectual property rights of Microsoft. Use or distribution of this technology outside of this product is prohibited without the appropriate licence(s) from Microsoft.
10. The Company Contact Information
Any questions, complaints or claims regarding the Services shall be directed to Customer Services at [email protected] or contact us.
Vn 2.25: updated 7 April 2016.
