Terms and Conditions

END USER LICENSE AGREEMENT

BY DOWNLOADING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

This End User License Agreement (the “Agreement”) for the Hot Phone (together with any updates, the “Application”) is a legal agreement between user (“the User”), and Running Fix Ltd. (“RFL”). By accessing, downloading, copying or otherwise using the Application, You acknowledge that you (the user) have read this Agreement, understand it, and agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this Agreement, do not access, download, copy or use the Application. RFL will not and does not grant you access to the Application unless you agree to the terms of this Agreement.

In consideration of the promises and covenants described below, and other good and valuable consideration, The User agrees as follows:

1. License Grant; Compliance with Terms of Use. The Application is licensed, not sold, and RFL reserves all rights not expressly granted in this Agreement. Subject to the terms and conditions hereof, RFL grants The User a personal, nonexclusive, non-transferable, non-sublicensed, limited license to download and use the Application on a mobile device that the User own or control.

2. License Restrictions. Except as specifically provided herein, The User may not: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) copy the Application; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Application, except as otherwise permitted by law; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Application to third parties.

3. Ownership. All of the content featured or displayed in or through the Application (“Content”) and all trademarks, service marks and trade names of RFL included therein, are owned by RFL, its licensors, vendors, agents and/or its Content providers. All Content is subject to RFL’s Terms of Use, as may be amended from time to time (available on request).

4. Disclaimer of Warranties and Indemnification. RFL will not be liable for losses or damages arising from or in any way related to your access or use of the Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RFL IS LICENSING THE APPLICATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” RFL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE APPLICATION, THE OPERATION OF THE APPLICATION ALONE OR IN CONJUNCTION WITH ANY DEVICE, OR THE CONTENT CONTAINED HEREIN. RFL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE APPLICATION AND ITS OPERATION AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RFL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE APPLICATION, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF RFL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DAMAGES ARISING UNDER THIS AGREEMENT OR THE USE OF THE APPLICATION THAT RFL IS REQUIRED TO PAY FOR ANY PURPOSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO TWENTY POUNDS STERLING (£20.00). No action, regardless of form, whether in court or through arbitration, arising out of any transaction under this Agreement, may be brought by The User more than one month after The User have knowledge of the occurrence which gives rise to the cause of such action.

6. Indemnity. The User agree to indemnify and hold harmless RFL and its affiliates, officers, directors, employees, consultants, agents and anyone providing information or software used in the Application from any and all claims arising from, related to, or incidental to The User’s use of the Application.

7. Amendment of this Agreement. RFL RESERVES THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE APPLICATION FOLLOWING THE POSTING OF CHANGES TO THE AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES.

8. These terms and conditions of use and your use of the application shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction in connection with all matters relating to these terms and conditions of use.

 

BY DOWNLOADING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

V1.2 RFL July 2013

Leave a Reply

Please complete formula: * Time limit is exhausted. Please reload the CAPTCHA.

Get the paid version for multiple contacts...Download