This is a legal agreement between you and Apptivity Ltd regarding your use of the Horse Rider SOS software and all data or content that is accessed or utilized by the Horse Rider SOS software (collectively the “Software”). By installing or using the Software, you agree to be bound by the terms of this End-User License Agreement (this “EULA”). If you do not agree to the terms of this EULA, you are not entitled to use the Software and must uninstall the Software from all of your devices.
License. Subject to the terms and conditions of this EULA, Apptivity Ltd grants you a non-exclusive, non-transferable, non-assignable license (without right of sublicense) to install and use one copy of the Software on your personal mobile device, and to maintain one backup copy of the Software on your personal computer, solely in machine executable object code form and solely for your personal use.
Restrictions. The Software and any related documentation are protected by British copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Apptivity Ltd. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
Ownership. The Software is licensed, and not sold, to you under this EULA. You have no ownership rights in the Software, Services or any related documentation. Apptivity Ltd and its suppliers retain all right, title, and interest in and to the Software and Services (including any changes, modifications, or corrections thereto) and any related documentation.
Suggestions. If you elect to provide or make available to Apptivity Ltd any suggestions, comments, ideas, improvements, or other feedback or materials related to any Apptivity Ltd product or otherwise (collectively, “Suggestions”), Apptivity Ltd will be free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner. You will be entitled to no compensation or credit for, nor gain any right, title or interest in or to, any Apptivity Ltd product that incorporates or otherwise is based on your Suggestions, including without limitation any upgrades or changes to the Software or Services.
Disclaimer of Warranty. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND SERVICES IS WITH YOU. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, APPTIVITY LTD DOES NOT HAVE ANY LIABILITY FOR THE SERVICING AND/OR REPAIR OF YOUR DEVICE OR THE SOFTWARE. APPTIVITY LTD AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SOFTWARE AND SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. APPTIVITY AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SOFTWARE OR SERVICES OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO APPTIVITY LTD AND ITS SUPPLIERS TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES.
Use of Horse Rider SOS is at the User’s Own Risk. THE SOFTWARE AND SERVICES MUST NOT BE USED FOR PRIMARY NAVIGATION. THE SOFTWARE AND SERVICES MAY NOT BE USED FOR SAFETY OF LIFE APPLICATIONS, OR FOR ANY OTHER APPLICATION IN WHICH THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR SERVICES COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. DO NOT ATTEMPT TO CONFIGURE THE SOFTWARE OR INPUT INFORMATION WHILE RIDING OR WORKING WITH HORSES AS DOING SO COULD RESULT IN DEATH, SERIOUS INJURY, OR PROPERTY DAMAGE. BY USING THE SOFTWARE, YOU ASSUME ALL RESPONSIBILITY AND RISK.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPTIVITY LTD OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS EULA, YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR SERVICES, EVEN IF APPTIVITY LTD OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Apptivity Ltd may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Apptivity Ltd’s liability shall be the minimum permitted under such applicable law.
Termination. This EULA is effective until it is terminated. You may terminate this EULA at any time by destroying all copies of the Software and related documentation in your possession or under your control. This EULA will automatically terminate if you violate any of the terms of this EULA. Upon termination of this EULA, all license rights granted to you shall immediately terminate. However, all other provisions of this EULA shall survive such termination.
Miscellaneous. This EULA is the entire agreement between you and Apptivity Ltd with respect to, and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning, the subject matter of this EULA. In no event shall any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of this EULA. This EULA is governed by the laws of The British Isles. You agree that any dispute arising from or relating to this EULA shall be brought exclusively in a court of competent jurisdiction located within the United Kingdom and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this EULA will remain in full force and effect. Failure by Apptivity Ltd to prosecute any right with respect to a default hereunder will not constitute a waiver by Apptivity Ltd of the right to enforce rights with respect to the same or any other breach.
Contact Us. You may contact us at info@horseridersos.com or through www.horseridersos.com for Software support issues.
End-User Terms Required by Apple. You acknowledge and agree that (i) this EULA is concluded between you and Apptivity Ltd, and not Apple, Inc. (“Apple”); (ii) Apptivity Ltd, and not Apple, is solely responsible for the Software; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Software; (iv) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software; (vi) Apple is not responsible for any claims that you have arising out of your use of the Software; (vii) Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the Software infringes that third party’s intellectual property rights; and (viii) Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary.
