Mogees Ltd and Mogees Pro and Mogees Play official software - End User Licence Agreement
(Latest version: 31 October 2016)
- ABOUT THIS End User Licence Agreement ("EULA")
1.1 This EULA governs your use of the Mogees Pro and Mogees Play official Apps, including without limitation Mogees Pulse, Mogees Keys, Mogees Maestro, Mogees Pro and successors and any add-ons, user-generated content or downloadable content (which we will call the "Software", “Application”, “App” or “Apps” in this EULA). Please read it carefully.
Official software applies to all software produced by Mogees ltd.
1.2 By selecting the “Install” button, or by downloading or using the App in any way, confirms your agreement to this EULA. If you do not agree to the terms of this EULA, please select the "No" or exit the installation process.
1.3 If you are a minor (which will depend on your country of residence), please ask your parent or guardian to review and approve this EULA on your behalf (because legally minors cannot enter into agreements like this EULA).
1.4 From time to time, we have tried to explain some of the more 'legal' concepts in this EULA in a helpful manner. For the avoidance of any doubt, these explanations are just to aid your comprehension of this EULA and are not intended to affect the legal meaning of any part of this EULA.
- USING THE SOFTWARE
2.1 We give you the personal right (known as a 'licence') to download, install (and enjoy!) the Apps for your personal use. We can terminate this licence in certain circumstances, which are explained further below. This licence is 'non-exclusive', meaning that we can grant similar licences to other people as well.
2.2 You may not transfer or sub-license this licence in any way to anyone else unless we first agree to it in writing.
- ABOUT US
3.1 We are Mogees Limited. We're also referred to in this EULA as "Mogees" or "we" or "us" (depending on what makes the most sense).
3.2 Please send any correspondence to: Mogees Ltd, 10e Branch Place, London N1 5PH
- USING THE APPS
4.1 In order to use the Software you must have access to an Apple Appstore account/ Apple ID. If you don’t already have one, creating one is free. Visit https://support.apple.com/en-gb/HT204034 for more details.
- PATCHES, UPDATES AND CHANGES TO THE SOFTWARE
5.1 From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to our Apps (for example to enhance the Apps, to add new features or to resolve software bugs). You hereby grant us your consent for us to deploy and apply such patches, updates or other modifications to Mogees Apps automatically.
5.2 From time to time, we may also at our absolute discretion remove or suspend access to particular features, content or other parts of the Software from time to time.
- TECHNICAL REQUIREMENTS
6.1 By using our Apps you agree that you have the necessary hardware and capability required for its use. We accept no responsibility or liability for any failure of your system to meet the technical requirements of the Software as amended or updated from time to time.
- INTELLECTUAL PROPERTY RIGHTS IN THE APPS
7.1 By "Intellectual Property Rights" what we mean is: all ownership rights and interests in copyright, design right, database rights, patents and any rights to inventions, know-how, trade and business names, confidential information and trade marks (whether registered or unregistered) and any applications and other like rights.
7.2 We own and reserve all of the Intellectual Property Rights in our Apps (or we license them from third parties) unless we inform you otherwise.
- WHAT YOU MUST NOT DO REGARDING THE APPS:
8.1 You must not do or try (or permit to be done or tried on your behalf) any of the following:
(a) use the Software for any purpose except for personal entertainment (for example, you may not use the Software for commercial purposes such as, but not limited to advertising or promotion of 3rd party products);
(b) except as authorised by us in this EULA (or as permitted by law) to: copy, rent, sub-license, loan, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software;
(c) hack, attempt to hack, distribute or modify, all or part of the Software for any purpose unless first authorised by us by writing;
(d) use the Software for any illegal purpose; or
(e) anything else that may harm the Software.
- WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE APPS
(Note: sorry, but this section is necessarily a bit more 'legal' because it sets out our liability to you. A warranty is a legal statement of fact, some of which we make below. If you have any question regarding the meaning of these terms, please contact us through our customer support system at firstname.lastname@example.org, but please note that you will still be bound by section 1.2 of this EULA).
9.1 We warrant that: Mogees Limited End User Licence Agreement
(a) we have the right to enter into this EULA and to grant a licence over the Software to you;
(b) we will provide our services regarding the Software with reasonable skill and care; and
(c) we will use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA.
Limitation of liability
9.2 However, please also note that (to the maximum extend permitted by law):
(a) we provide the Apps for personal entertainment, on an "as is" basis. This means that we make no warranties or representations about the features, content or other parts of the Software from time to time;
(b) we make no warranties in any way regarding whether our Apps or any part of it is of satisfactory quality or fitness for purpose or for a particular use;
(c) we do not make any warranties regarding the operation of the Apps or that it will be uninterrupted or error free; and
(d) the Software is produced in the United Kingdom (which is where we are based). Unfortunately therefore we cannot make any representation or warranty regarding whether the Software complies with the local laws of any other country.
9.3 To the maximum extent permitted by law, we exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
(a) any third party infringement of Intellectual Property Rights;
(b) any harm or loss you suffer as a result of any interactions by you with third party software, content. (whether or not at our suggestion).
9.4 These terms above will not limit your consumer rights (if any) which we cannot exclude under applicable law, nor will they exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent representation.
9.5 You hereby agree on demand to indemnify and hold harmless us and our officers, directors, employees and agents from and against any and all damages, claims, suits, actions, judgments and costs and expenses whatsoever, including reasonable legal fees and costs, arising out of (without limitation): (i) your use of the Software; and (ii) your creation or distribution of any UGC (including any third party claims of infringement of Intellectual Property Rights regarding such UGC); and (iii) any breach by you of the terms of this EULA.
11.1 This EULA will continue in force until you stop using our Apps or unless earlier terminated under clause 11.2 of this EULA.
11.2 We are entitled to remove, cancel or suspend your access to and use of the Software if you breach any part of this EULA. This will not restrict us from taking any other action that we consider necessary under this EULA or otherwise.
- FORCE MAJEURE
12.1 We will not be liable for any failure by us to perform any obligation under this EULA if that failure is caused by the happening of any unforeseen event beyond our reasonable control including without limitation: Internet outages, communications outages, fire, flood, war or act of God. (Explanatory note: this provision means that if unforeseen events beyond our control happen, then we won't be liable to you if we are unable to perform any part of this EULA, e.g. to make the Apps available to you).
13.1 If you breach this EULA and we take no or limited action against you, we will still be fully entitled to take action in any other situation where you breach this EULA.
13.2 If any part of this EULA is held to be unenforceable, then we and you agree to interpret it and the rest of this EULA in such a way as to reflect the parties' intentions as far as possible. Also, if any part of this EULA is held to be unenforceable then that will not affect the enforceability of any other part of this EULA.
13.3 No term of this EULA is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
13.4 This EULA constitutes the entire agreement and understanding between you and us regarding the Software and supersedes any previous agreement or understanding between you and us. You and we agree that neither of us have relied upon any statement, representation, warranty, undertaking or promise which is not expressly set out in this EULA.
13.5 Where we have provided you with a translation of the English language version of this agreement, you agree that the translation is provided for your convenience only and that the English language version will govern your relationship with us. If there is any contradiction between the English language version and a translation, the English language version will take precedence.
- GOVERNING LAW AND JURISDICTION
14.1 You and we agree that:
(a) your use of our Apps, and the validity and meaning of this EULA, shall be governed by and interpreted according to the laws of England and Wales; and
(b) any dispute regarding this EULA shall be heard exclusively by the courts of England and Wales.
- CHANGES TO THIS EULA
16.1 We may vary this EULA as and when we consider it appropriate or necessary. If so, then we will make the revised EULA available on our website.