Terms and conditions (T&C)
Please read this T&C carefully, as it sets out the basis upon which we license the application for use.
By first downloading and installing the application, you agree to be bound by the provisions of this T&C. If you do not agree to be bound by the provisions of this T&C, you must uninstall and remove the application as soon as possible.
1.1 Except to the extent expressly provided otherwise, in this T&C:
“Documentation” means the documentation for the application produced by the Licensor and delivered or made available by the Licensor to the User;
“Effective Date” means the date upon which the User downloads and installs the application;
“T&C” means this terms and conditions (or end user licence agreement), including any amendments to this end user licence agreement from time to time;
“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 unregistrable, 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, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
“Licensor” means AUGer kit sasu (à capital variable);
“Maintenance Services” means the supply to the users of Updates and Upgrades;
“Services” means any services that the Licensor provides to the User under this T&C;
“Application” means Precious Coin Tester, both Android & ios applications;
“Application Defect” means a defect, error or bug in the Application having an adverse effect on the appearance, operation, functionality or performance of the Application, but excluding any defect, error or bug caused by or arising as a result of:
(a) any act or omission of the User or any person authorised by the User to use the Application;
(b) any use of the Application contrary to the Documentation by the User or any person authorised by the User to use the Application;
(c) a failure of the User to perform or observe any of its obligations in this T&C; and/or
(d) an incompatibility between the Application and any other system, network, application, program, hardware or Application not specified as compatible in the Application Specification];
“Application Specification” means the specification for the Application set out in the Documentation;
“Source Code” means the application code in human-readable form or any part of the application code in human-readable form, including code compiled to create the Application or decompiled from the application, but excluding interpreted code comprised in the application;
“Support Services” means support in relation to the use of the Application and the identification and resolution of errors in the Application, but shall not include the provision of training services whether in relation to the Application or otherwise;
“Update” means a hotfix, patch or minor version update to the Application;
“Upgrade” means a major version upgrade of the Application;
“User” means the person to whom the Licensor grants a right to use the Application under this T&C;
2.1 This document was created using a template from SEQ Legal.
3.1 This T&C shall come into force upon the Effective Date.
3.2 This T&C shall continue in force until application uninstallation, upon which this T&C shall terminate automatically, subject to termination in accordance with Clause 14 or any other provision of this T&C.
4.1 The Licensor hereby grants to the User from the date of application installation a worldwide, non-exclusive, perpetual licence to:
(a) install the application on devices that the User owns;
(b) display and use the application in accordance with the Documentation
subject to the limitations and prohibitions set out and referred to in this Clause 4.
4.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 4.1 without the prior written consent of the Licensor.
4.3 Save to the extent expressly permitted by this T&C or required by applicable law on a non-excludable basis, any licence granted under this Clause 4 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan the Application;
(b) the User must not alter, edit or adapt the Application; and
(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Application.
4.4 The User shall be responsible for the security of copies of the Application supplied to the User under this T&C and shall use all reasonable endeavours (including all reasonable security measures) to ensure that access to such copies is restricted to persons authorised to use them under this T&C.
5. Source Code
5.1 Nothing in this T&C 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.
6. Maintenance Services
6.1 The Licensor is solely responsible for providing the Maintenance Services to the User.
6.2 The Licensor shall provide the Maintenance Services in accordance with the standards of skill and care.
6.3 The Licensor may suspend the provision of the Maintenance Services under no condition.
6.4 If the Licensor stops or makes a good faith decision to stop providing maintenance services in relation to the Application to its customers generally, then the Licensor may terminate the Maintenance Services by giving a notification to the User.
6.5 If the Maintenance Services are terminated in accordance with the provisions of this Clause 6: the provisions of this Clause 6, excluding this Clause 6.6, shall cease to apply, but the other provisions of this T&C will continue notwithstanding such termination.
7. Support Services
7.1 The Licensor is solely responsible for providing the Support Services to the User.
7.2 The Licensor shall provide the Support Services in accordance with the standards of skill and care.
7.3 The Licensor may suspend the provision of the Support Services under no condition.
7.4 The Licensor may terminate the Support Services by notifying the User.
7.5 If the Support Services are terminated in accordance with the provisions of this Clause 7, the provisions of this Clause 7, excluding this Clause 7.5, shall cease to apply, but the other provisions of this T&C will continue notwithstanding such termination.
8. Intellectual Property Rights
8.1 Nothing in this T&C shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.
8.2 User will not use the External Services in any manner that is inconsistent with this T&C or that infringes the intellectual property rights of Licensor or any third party.
9. Acknowledgements and warranty limitations
9.1 The User acknowledges that a complex Application is never wholly free from defects, errors and bugs; and subject to the other provisions of this T&C, the Licensor gives no warranty or representation that the Application will be wholly free from defects, errors and bugs.
9.2 The User acknowledges that a complex Application is never entirely free from security vulnerabilities; and subject to the other provisions of this T&C, the Licensor tries the best to make the application secure, but gives no warranty or representation that the Application will be entirely secure.
9.3 The User acknowledges that the Application is only designed to be compatible with that Application specified as compatible in the Application Specification; and the Licensor does not warrant or represent that the Application will be compatible with any other Application.
9.4 The User acknowledges that the result provided by the Application is informative only, and that it is not a suggestion or an advice. Any activity, including purchasing, selling, exchanging, is under user’s own risk and the Licensor does not provide any legal liability on the result of such activity.
9.5 The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under this T&C or in relation to the Application; and, except to the extent expressly provided otherwise in this T&C, the Licensor does not warrant or represent that the Application or the use of the Application by the User will not give rise to any legal liability on the part of the User or any other person.
10. Limitations and exclusions of liability
10.1 Nothing in this T&C will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party’s statutory rights will not be excluded or limited by this T&C, except to the extent permitted by law.
10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in this T&C:
(a) are subject to Clause 10.1; and
(b) govern all liabilities arising under this T&C or relating to the subject matter of this T&C, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this T&C.
10.3 The Licensor will not be liable to the User in respect of:
1) any losses arising out of a Force Majeure Event.
2) any loss of profits, anticipated savings or investment.
3) any loss of revenue or income.
4) any loss of business, contracts or opportunities.
5) any loss or corruption of any data, database or software.
6) any special, indirect or consequential loss or damage.
11. Legal Compliance
11.1 The User must represent and warrant that
1) he/she is 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
2) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
12. Third Party Terms of Agreement
12.1 The User must comply with applicable third party terms of agreement when using the Application.
13. Third Party Beneficiary
13.1 Distribution through the App Store by Apple:
The User and the Licensor acknowledge and agree that Apple Inc., including its subsidiaries, are third-party beneficiaries of this T&C, and that, upon the User’s acceptance of the terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this T&C against the User as a third party beneficiary thereof.
14.1 The Licensor may terminate this T&C by giving to the User not less than 30 days’ written notice of termination.
14.2 The User may terminate this T&C by giving to the Licensor not less than 30 days’ written notice of termination.
14.3 Either party may terminate this T&C immediately by giving written notice of termination to the other party if:
(a) the other party commits any breach OR material breach of this T&C;
(b) the other party persistently breaches this T&C (irrespective of whether such breaches collectively constitute a material breach).
14.4 Either party may terminate this T&C immediately by giving written notice of termination to the other party if:
(a) the other party:
- (i) is dissolved;
- (ii) ceases to conduct all (or substantially all) of its business;
- (iii) is or becomes unable to pay its debts as they fall due;
- (iv) is or becomes insolvent or is declared insolvent; or
- (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up; or
(d) if that other party is an individual:
- (i) that other party dies;
- (ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
- (iii) that other party is the subject of a bankruptcy petition or order.
15. Effects of termination
15.1 Upon the termination of this T&C, all of the provisions of this T&C shall cease to have effect, save that the following provisions of this T&C shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 4.1, 10, 15.
15.2 Except to the extent that this T&C expressly provides otherwise, the termination of this T&C shall not affect the accrued rights of either party.