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LICENSED APPLICATION END USER LICENSE AGREEMENT (EULA)
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Simple Telecoms Ltd and RIPTec Ltd ("RIPTec" or "we" or "us" or "our" or other similar pronouns) offers you ("you" or "your") communications services through RIPTecs licensed software applications ("Licensed Applications") for mobile devices available on RIPTecs website at www.RIPTec.net ("Site") or other third party websites.
The Site, the Licensed Application and the various RIPTec services offered to you may be collectively referred to in these terms as the "Service". Our Licensed Application is licensed, not sold, to you for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to you. This license is a binding legal document between RIPTec and you and explains your rights and obligations as a user of the Service ("License"). By using the Service you acknowledge and agree to the terms of this License and the RIPTec Privacy Policy, all of which are incorporated by herein by reference. If you choose to not agree with any of these terms, you may not use the Service.
RIPTec may without notice renew, modify or amend the Terms of Service from time to time. If you continue to use the Services you accept such revisions.
NO ACCESS TO EMERGENCY SERVICES: RIPTec services are not a replacement for your ordinary mobile or fixed line telephone, and, do not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Licensed Application. It is your responsibility to ensure that you are legally allowed to use RIPTec services where you are located.
THIRD PARTY PROVIDERS: Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may also be subject to the Provider's terms and conditions. As soon as your call is connected to a phone number provided by RIPTec, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).
1. Scope of License
This License is a limited, non-exclusive, non-transferable, non-sublicensable license to use the Licensed Application on any mobile device or personal computer that you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile 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), 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 (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Licensed Application, if any). In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
RIPTec has subsidiaries and affiliated legal entities around the world (Subsidiaries and Affiliates). Sometimes, these companies will be providing the Services to you on behalf of RIPTec itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
2. Consent to Use of Data
How Simple Telecoms and RIPTec receives, collects and uses information about you from your use of the Service in general, including Personal Information, is more fully described in the Simple Telecoms and RIPTec Privacy Policy.
By using the Licensed Application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile 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. We may use this information to improve our Service.
3. Changes to this License
RIPTec may make changes to the terms of this License from time to time. RIPTec will publish the changes at http://www.RIPTec.net/licence/eula. The changes will be effective when published. Please review this License on a regular basis. You understand and agree that your acceptance of the terms of this License or your use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you may terminate your relationship with RIPTec in accordance with paragraph 4 below.
4. Termination
4.1 The License is effective until terminated by you or us. You may terminate your relationship with Simple Telecoms or RIPTec at any time. Both Simple Telecoms and RIPTec has the right to terminate your rights under this License without notice if you fail to comply with any terms 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.
4.2 In addition, Simple Telecoms or RIPTec has the right to terminate its relationship with you, or may terminate or suspend your use of the Service at any time:
4.2.1 if you are in breach of the terms of this License;
4.2.2 if Simple Telecoms or RIPTec reasonably suspects that you are using the Service to break the law or infringe third party rights;
4.2.3 if Simple Telecoms or RIPTec reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
4.2.4 if Simple Telecoms or RIPTec reasonably suspects that you are using any of our products fraudulently or that your "User Account" is being used by a third party fraudulently;
4.2.6 immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of Simple Telecoms or RIPTec's partners;
4.3 Simple Telecoms or RIPTec shall effect such termination by preventing your access to the Service, where applicable. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
5. The Service
5.1 We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
5.2 Simple Telecoms or RIPTec may automatically check your version of the Licensed Application. Simple Telecoms RIPTec has no obligation to make available any updates. However, RIPTec may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
5.3 Simple Telecoms and RIPTec does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to Simple Telecoms and RIPTec through the Site, social networks or otherwise, you acknowledge and agree that Simple Telecoms or RIPTec shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Simple Telecoms or RIPTec's right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
5.4 You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Simple Telecoms or RIPTec where none exists. You may not frame the Site on any other website. Simple Telecoms or RIPTec may revoke the permission to link to the Site at any time at its sole discretion.
6. Your Obligations
6.1 You may not:
6.1.1 intercept or monitor, damage or modify any communication which is not intended for you;
6.1.2 use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;
6.1.3 send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
6.1.4 expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
6.1.5 use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
6.1.6 use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
6.1.7 collect or harvest any personally identifiable information, including account names, from the Service; or
6.1.8 impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
7. Disclaimer of Warranties.
You expressly acknowledge and agree that use of the service, including the site and licensed application are 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, our service is provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the service, 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. We do not warrant against interference with your enjoyment of the service or that the service will be uninterrupted or error-free, or that defects in the service will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction.
8. Limitation of Liability.
To the extent not prohibited by law, in no event shall we 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 service, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. In no event shall our 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 euros (50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. End Users and Export Control.
You will not use or export the Licensed Application or any product or service offered on the Site or through the Service, in violation of any applicable laws or regulations, including without limitation Irish export laws and regulations.
10. Usage Charges
10.1 Using the Licensed Application on mobile applications may use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
10.2 Using the Licensed Application on mobile applications may use mobile call minutes as subscribed by your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
11. Simple Telecoms and RIPTec's Ownership Rights. The Service, including the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. RIPTec or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) ("RIPTec Technology"), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the RIPTec Technology.
12. Notice and Take Down Procedures; Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site, Service and Licensed Application do the same. If you believe that any materials accessible on or from the Service infringes your copyrights, you may request the removal of those materials (or access thereto) by contacting our copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures Simple Telecoms and RIPTec DMCA Policy.
13. Jurisdiction. The laws of United Kingdom, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. You expressly agree that the courts in United Kingdom have exclusive jurisdiction over any claim or dispute with Simple Telecoms or RIPTec or relating in any way to your use of the Licensed Application or Service. Your use of the Licensed Application and Service may also be subject to other local, state, national, or international laws.
14. Indemnity. You will indemnify, defend and hold harmless Simple Telecoms and RIPTec from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
15. Links to Third Party Websites. The Site may contain links to other third party websites ("Third Party Sites"). These Third Party Sites are provided solely as a convenience to you. Such Third Party Sites are not under Simple Telecoms or RIPTec's control, and Simple Telecoms and RIPTec is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.
16. Acceptance of License. You affirm that you have the ability to enter into this License. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 13 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License. The Service is not intended for children under the age of 13.
17. General. This License is the entire agreement between you Simple Telecoms and RIPTec relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by Simple Telecoms and RIPTec or otherwise with the written agreement of Simple Telecoms and RIPTec. |
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