END USER LICENCE AGREEMENT – DecarboNet

PLEASE READ CAREFULLY BEFORE USING ANY DECARBONET SERVICES

The DecarboNet Research Project (‘DecarboNet’, ‘we’, ‘us’ or ‘our’) operates the website, applications and associated services that you are currently using (‘Services’) and supplies the devices (‘Products’) that operate in conjunction with the Services. The DecarboNet research project has received funding from the European Union's Seventh Framework Programme for research, technological development and demonstration under grant agreement no 610829. You can contact us by email at info@decarbonet.eu.

This end user licence agreement (‘Licence’) deals with your use of DecarboNet Services.

(1) Licence to use

1.1 In return for you agreeing to abide by the terms of this Licence, we grant you a non-transferable, non-exclusive licence to use the DecarboNet Services, subject to these terms. We reserve all other rights.

1.2 Except as expressly set out in this Licence or with our explicit written consent, you must:

(2) Intellectual Property

(3) Acceptable use

(4) Limited warranties

We do not warrant the completeness or accuracy of the information published within the DecarboNet Services; nor do we commit to ensuring that the DecarboNet Services remain available; that the DecarboNet Services will be free from viruses or other harmful code (for which you are responsible for using your own virus protection); or that the material in the DecarboNet Services is kept up-to-date.

(5) Limitations and exclusions of liability

(6) Breaches of this Licence

(7) Changes Updates and Discontinuance

(8) Third party web links

The DecarboNet Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

(9) Other Important Terms

(10) Law and jurisdiction

  • a) not copy any property of DecarboNet except where such copying is incidental to normal use of the DecarboNet Services, or where it is necessary for the purpose of back-up or operational security;

    b) not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any DecarboNet Services;

    c) not make alterations to, or modifications of, the whole or any part of the DecarboNet Services, or permit the DecarboNet Services or any part of it to be combined with, or become incorporated in, any other programs;

    d) not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the DecarboNet Services in any form to any person without prior written consent from us.

    2.1 You acknowledge that all intellectual property rights in the DecarboNet Services, and the Technology anywhere in the world belong to us or our licensors; that rights in the DecarboNet Services are licensed (not sold) to you; and that you have no rights in, or to, the DecarboNet Services, or the Technology other than the right to use each of them in accordance with the terms of this Licence.

    2.2 You acknowledge that you have no right to have access to the DecarboNet Services in source-code form.

    2.3 Any other registered and unregistered trade-marks or service marks displayed within the DecarboNet Services are the property of their respective owners. Unless stated otherwise, we do not endorse and are not associated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

    3.1 You must not use the DecarboNet Services in any way which:

    3.2 We reserve the right to disclose your identity to any third party who is claiming that any information you submit or uploaded to us through the DecarboNet App or other DecarboNet Service violates their intellectual property rights, or their right to privacy.

    • a) involves use of any DecarboNet Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence;

      b) is fraudulent or malicious, for example, hacking into or inserting malicious code, including viruses, Trojan horse, spyware, worm, keystroke logger, rootkit or harmful data, into DecarboNet Services or any operating system;

      c) infringes our intellectual property rights or those of any third party in relation to your use of the DecarboNet Services, including the submission of any material (to the extent that such use is not licensed by this Licence);

      d) involves transmission of any material that is defamatory, offensive, obscene, indecent or otherwise objectionable in relation to your use of the DecarboNet Services;

      e) involves transmission of unsolicited commercial communications or other marketing without our express written consent;

      f) infringes any right of confidence, right of privacy, or right under data protection legislation;</p<>g) could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

      h) involves data collection (including without limitation scraping, data mining, data extraction and data harvesting) of any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

    5.1 Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

    5.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the DecarboNet Services.

    5.3 We only supply the DecarboNet Services for domestic and private use. You agree not to use the DecarboNet Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or other indirect or consequential losses including where we modify, suspend or discontinue the DecarboNet Services.

    5.4 We will not be liable to you in respect of any loss or corruption of any data, database or software.

    5.5 The DecarboNet Services and the DecarboNet website may be temporarily unavailable if we have to carry out routine or emergency maintenance. We will try to inform you in advance but it may not always be possible to do so.

    5.6 We will not be responsible if:-

    • (a) your broadband internet connection to your home or Device is not sufficient to support the DecarboNet Services;

      (b) you experience problems with your Device or internet connection;

      (c) you incur any costs as a result of exceeding the permitted data limit of your broadband or Device;

      (d) you suffer any loss or damage caused as a result of anyone else having unauthorised use of your Device;

    6.1 Without affecting our other rights under this Licence or law, if you breach this Licence, or if we reasonably suspect that you have breached this Licence in any way, we may (at our sole discretion):

    6.2 On termination for any reason; all rights granted to you under this Licence shall end; you must immediately stop all activities authorised by this Licence, including your use of any Services.

    6.3 Where we suspend, prevent or block your access to the DecarboNet Services (or any part of them), you must not take any action to circumvent such suspension or blocking (including, but not only, by creating and/or using a different account).

    6.4 We will be entitled to hold you responsible to reimburse us for the consequences we suffer or incur including losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) arising out of any material breach by you of any provision of this Licence, or arising out of any claim that you have materially breached any provision of this Licence.

    • (a) send you one or more formal warnings;

      (b) temporarily or permanently suspend or terminate your access (or access of any Device using your IP address) to the DecarboNet Services;

      (c) bring court proceedings against you for breach of contract or otherwise; or

      (d) suspend and/or delete your account.

    7.1 We may change the terms of this Licence on notice at any time by sending you an email with details of the change or notifying you of a change when you next start the DecarboNet App or use any other DecarboNet Services or log onto one of our websites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the DecarboNet Services.

    7.2 We may at any time without any liability to you modify, suspend or discontinue the supply of the DecarboNet Services or any part thereof to you. Notice may be sent on notice by email or posted on the website.

    9.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Licence without notifying you or obtaining your consent.

    9.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Licence.

    9.3 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    9.4 If a provision of this Licence is found by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in force. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in force.

    9.5 This Licence is for the benefit of you and us, and is not intended to benefit any third party or be enforceable by any third party.

    9.6 This Licence, together with our Privacy Policy and any Appstore rules, constitutes the entire agreement between you and us in relation to your use of the DecarboNet Services, and supersedes all previous agreements in respect of your use of the DecarboNet Services.

    10.1 This Licence will be governed by and construed in accordance with English law.

    10.2 If you are a consumer any disputes relating to this Licence will be subject to the non-exclusive jurisdiction of the courts of England and Wales (though residents of Northern Ireland or Scotland may bring proceedings in that jurisdiction). If you are a business, you may not use the DecarboNet App or any other DecarboNet Services and this Licence may not be enforced by you against DecarboNet.

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