End User License Agreement
This agreement (or “EULA”) is a legal agreement between the person, company or organization (“You”) that has licensed a Loopworks software product (“Product”) and Ampetronic Ltd, of Unit 2, Trentside Business Village, Farndon Road, Newark, Nottinghamshire NG24 4XB UK (“Ampetronic”). The Product is to be obtained only through Apple’s software distribution platform (“App Store”). The “App Store” is referred to in this license as “App Store”. By installing and/or using any Product provided by Ampetronic, You are confirming your acceptance of this agreement and you are agreeing to become bound by the terms of this agreement. This EULA shall apply only to a Product supplied by Ampetronic herewith regardless of whether other software or platform is referred to or described herein.
The Products transacted through the App Stores are licensed, not sold, to You for use only under the terms of this license. Ampetronic reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.” The Licensed Application is to be used on devices that operate with Apple’s operating system (“iOS”) and the aforementioned devices are referenced in this license as “Devices”. The App Store Terms and Conditions are referenced in this license as “Usage Rules”.
Scope of License
This license granted to You for the Licensed Application by Ampetronic is limited to a non-transferable license to use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules. This license does not allow You to use the Licensed Application on any Devices that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Ampetronic and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Ampetronic that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
You agree that Ampetronic may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Ampetronic may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
The license is effective until terminated by You or Ampetronic. Your rights under this license will terminate automatically without notice from Ampetronic if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Copyright and Material Ownership
The content, features and functionality of the Licensed Application are owned by Ampetronic and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Ampetronic reserves all rights to the content, features and functionality of the Licensed Application worldwide. Ampetronic grants you a non-exclusive, non-transferable license, revocable at any time at Ampetronic’s sole discretion, to access and use the Licensed Application strictly in accordance with this EULA. The outlook and other contents of the Licensed Application is copyright © 2015 Ampetronic Ltd all rights reserved. You may not duplicate, copy, or reuse any portion of the Licensed Application without express written permission from Ampetronic.
Loopworks is a trademark or registered trademark of Ampetronic. Other names or symbols appearing in the Licensed Application may be protected symbols of their respective owners. Without the prior written consent of Ampetronic or the relevant third party usage of the Licensed Application is not to be interpreted, indirectly or in any other way, as the granting of a licence or any other access right to a symbol appearing on the Licensed Application.
Services and Third Party Materials
The Licensed Application may enable access to Ampetronic’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Ampetronic shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, You acknowledge and agree that Ampetronic is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Ampetronic does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Ampetronic, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Ampetronic is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. Ampetronic makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Ampetronic, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Ampetronic be liable for the removal of or disabling of access to any such Services. Ampetronic may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You expressly acknowledge and agree that use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application (“services”) are provided “as is” and “as available,” with all faults and without warranty of any kind, and Ampetronic hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Ampetronic does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that effects in the licensed application or services will be corrected. No oral or written information or advice given by Ampetronic or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
Ampetronic is not in any way liable on correctness of meter readings or audio that the Licensed Application receives from Receivers used in conjunction a mobile Device. Thus Ampetronic cannot guarantee the correctness of any results or outcomes, like e.g. magnetic field strength or frequency response readings recorded using a Device.
Limitation of Liability
To the extent not prohibited by law, in no event shall Ampetronic be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Ampetronic has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury.
In no event shall Ampetronic’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty pounds (£50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by the laws of England and Wales and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by English law, including, without limitation, the development, design, manufacture or production of weapons.
Apple’s Limitations of the iOS version of the Licensed Application
In the event of any failure of the iOS version of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS version of the Licensed Application to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the iOS version of the Licensed Application. In the event of any third party claim that the iOS version of the Licensed Application or your possession and use of the iOS version of the Licensed Application infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Third Party Beneficiary of the iOS version of the Licensed Application
You and Ampetronic agree that Apple and Apple’s subsidiaries shall be third party beneficiaries of this EULA and upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third party beneficiary thereof.
These Terms of Service are governed by the Laws of England and Wales without regard to its conflicts of law provisions. Any disputes concerning this EULA or the use of the Licensed Application shall be settled by the in accordance with the laws of England and Wales.