eula_v3 August 2017
You should print a copy of this EULA for future reference.
IT IS AGREED AS FOLLOWS:
is made on the day that it is accepted by the end user (End User).PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP. This End User licence agreement (EULA) is a legal agreement between you (End User or you) and CALPRO AS of Arnstein Arnebergs vei 30, 1366 Lysaker, Norway (Licensor, us or we) for:
Calprosmart™ mobile application software, the associated Calprosmart™ web-services (calprosmart.com), the data supplied with the software, the associated media (the App); and electronic user manuals/documentation (Documents).
We grant to you, during the term of this Agreement, a non-exclusive, non-transferable license to access and use the App and Documents, solely in accordance with the terms and conditions of this Agreement, and in particular Sections 2 and 3 below. In addition, you acknowledge that the use of the App and Documents may be subject to any other specified access and use restrictions that may be set forth by any appstore provider or operator (Appstore) from whose site located at you downloaded the App (Appstore Rules).
You acknowledge that the App and Documents are protected by copyright and/or contain valuable trade secrets of Licensor and that all rights to such software and/or documentation shall remain with Licensor.
Operating system requirements
This App requires a mobile device with a minimum of 5 Mpixel camera with LED flash, autofocus and 1GHz+ processor, internet access and the iOS or Android operating system. Requirements may change in future Software releases.
This App has been formally tested and validated for use on most devices with Android 4.1 and iOS7 and subsequent versions (Validated Devices).
- By using the App or website or clicking on the “Accept” button below you agree to the terms of the licence.
- If you do not agree to the terms of this licence, we will not license the App and Documents to you and you must cease any use immediately and uninstall the software.
- As a consumer, you have the right to a cancellation period of 14 days, in which you may cancel your transaction without charge and without any reason before downloading the App and Documents.
- However, you will lose the right to cancel the transaction once you begin to download or stream the App or Documents.
- This does not affect your consumer rights related to an app or documents that are defective.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by changing the version date on top of the EULA. If we make any material changes, we will notify you by sending you an SMS, or Email with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.4 You will be assumed to own or to have obtained permission from the owner(s) of the mobile telephone or handheld devices that are controlled by you (Device) to download or stream a copy of the App onto the Devices. You acknowledge that you or the owner may be charged by service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5 By accepting this EULA you agree that data which have been collected may be processed in accordance with the governing data protection laws.
1.7 By using the App or any of the Services, you give your consent to the collection and use of technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless, in order to improve our products and to be able to provide any Services to you.
1.8 Any measurement made with, or displayed by the App is intended as an aid to detection and assessment only. Any diagnosis or treatment decision should be entirely the responsibility of the treating physician. Any such decisions should integrate all of the information available from a variety of sources including clinical examinations when forming an opinion. The End User must consult a physician before changing medication on the basis of the results of the CalproSmart™ self test, unless previously agreed upon with treating physician
1.9 The App is approved for use within the European Economic Area, in accordance with in Vitro Diagnostic Medical Devices Directive 98/79/EC. Certificate No: 0088/4008963/00183.
1.10 Certain Services, will make use of other facilities on your device such as the calendar, phone and internet connection on your Device. You can turn off this functionality at any time through the settings on the Device. If you withdraw such approval some or all functionalities of the App may not work as intended.
- Grant and scope of licence
2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to download and use the App on the Devices, subject to these terms and conditions set out in the EULA.
2.2 You may:
2.2.1 download or stream a copy of the App onto any handheld mobile Device and to view, use and display the App on the Device for your personal purposes only; and
2.2.2 use the Documents for your personal purposes only.
- Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
3.1.1 not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
3.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
3.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 39h of the Norwegian Copyright Act 1961 and section 296A of the Copyright, Designs and Patents Act 1988 (UK) or any equivalent legislation or regulations that apply in any relevant jurisdiction) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
22.214.171.124 is used only for the purpose of achieving inter-operability of the App with another software program;
126.96.36.199 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
188.8.131.52 is not used to create any software that is substantially similar to the App;
3.1.5 to keep all copies of the App secure and not to disclose any password used for the App or Services to any other person;
3.1.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.1.7 not to use the App in any jurisdiction where it would be prohibited or requires regulatory approval that has not yet been granted;
3.1.8 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.9 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
(together with 3.1.1 through 3.1.9 shall be referred to as Licence Restrictions).
- Use restrictions
4.1.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
4.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
4.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
4.1.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
4.1.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
- Intellectual property rights
5.1 You acknowledge that all intellectual property rights in and to the App, the Documents and the Technology belong to us or our licensors, that any rights described in this EULA are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
5.3 You acknowledge that the App contains patent protected technology (including but not restricted to PCT/GB2012/050717) and that any license granted to you herein is strictly limited to the scope of this App and Service and does not apply to any other use of that patented technology.
- Limited warranty
6.1 We warrant, for a period of 12 months (Warranty) that:
6.1.1 the App will, when properly used and on a Validated Device for which it was designed, perform substantially in accordance with the functions described in the Documents; and
6.1.2 that the Documents correctly describe the operation of the App in all material respects, on the date on which the App is downloaded or streamed to the Devices or on which you have been able to successfully login to the App without upgrading the App.
6.2 If within the Warranty you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to a free of charge upgrade to any future release of the App.
6.3 The Warranty does not apply:
6.3.1 if the defect or fault in the App or any Service results from you having amended the App;
6.3.2 if the defect or fault in the App results from you having used the App in contravention of the terms of this EULA; and
6.3.3 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
6.3.4 if the App is being used outside a jurisdiction where it has regulatory approval.
6.3.5 if we shut down our business and the App and Services are no longer offered by us.
- Limitation of liability
7.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
7.2 You acknowledge and agree that we have no liability to you for any loss whatsoever, except as set out below.
7.3 We are only liable for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in clause7.4. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
7.4 Our maximum aggregated liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in any circumstance be limited to the total value of goods or services you have purchased from us. This does not apply to the types of loss set out in clause 7.5.
7.5 Nothing in this EULA shall limit or exclude our liability for:
7.5.1 death or personal injury resulting from our negligence;
7.5.2 fraud or fraudulent misrepresentation; and
7.5.3 any other liability that cannot be excluded or limited by Norwegian law.
8.1 We may terminate this EULA immediately by written notice to you:
8.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
8.1.2 if you breach any of the Licence Restrictions or the Use Restrictions.
8.2 On termination for any reason:
8.2.1 all rights granted to you under this EULA shall cease;
8.2.2 you must immediately cease all activities authorised by this EULA, including your use of the App and any Services; and
8.2.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
- Communication between us
9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Calpro AS at Arnstein Arnebergs vei 30, 1366 Lysaker, Norway or . We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to any address you provide us with.
- Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
10.2.1 our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
10.2.2 we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
- Other important terms
11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
11.3 If we fail to insist that you perform any of your obligations under this EULA, 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.
11.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.5 Please note that this EULA, its subject matter and its formation, are governed by Norwegian law. You and we both agree that the courts of Norway will have exclusive jurisdiction.