eula_v2 Aug 2016
is made on the day that it is accepted by the End-user. PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP FROM THIS WEBSITE. 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 assosciated Calprosmart™ web-services (calprosmart.com), the data supplied with the software, and the associated media (App); and
- electronic documents (Documents).
We licence use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, located at (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
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 only with the following devices: iPhone 5, iPhone 5s, iPhone 6, iPhone 6s, HTC One, Samsung Xcover2, Samsung S4.
- If you do not agree to the terms of this licence, we will not license the App and Documents to you and you must stop immediately and uninstall the software.
- As a consumer, you have the right to withdraw from 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 for an app or documents that are defective.
You should print a copy of this EULA for future reference.
IT IS AGREED AS FOLLOWS:
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 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 have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2.1 (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their 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 used according to the governing data protection laws.
1.7 By using the App or any of the Services, you consent to us (or our technology partners) collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and 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 End-user, who may require to seek professional advice. Any such decisions should integrate all of the information available from a variety of sources including clinical examinations when forming an opinion.
1.9 The App does not have regulatory approval for use outside of the following jurisdictions: the European Economic Area
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 by turning through the settings on the Device. If you withdraw such approval some or all functionality may not work as intended.
1.12 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and scope of licence
2.2 You may:
2.2.1 download or stream a copy of the App onto any handheld mobile device you own or control and to view, use and display the App on the Devices for your personal purposes only; and
2.2.2 use the Documents for your personal purposes only.
3. 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:
220.127.116.11 is used only for the purpose of achieving inter-operability of the App with another software program;
18.104.22.168 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
22.214.171.124 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).
4. Acceptable 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 ransmissions to or from the servers running any Service.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App 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 each of them 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.
6. Limited warranty
6.1 We warrant 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 (Warranty Period).
6.2 If within the Warranty Period 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.
6.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7. 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 If you use the App and Documents for any commercial or business purposes, you acknowledge and agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 We are only responsible 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 condition 7.4, but we are not responsible for any unforeseeable loss or damage. 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 aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total value of goods or services You have ever purchased from Us for use with the App. This does not apply to the types of loss set out in condition 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 Acceptable 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 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.
9. 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 to us with.
10. 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.
11. 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.
Privacy and protection of your personal and health information is very important to us. This Privacy Statement explains how we protect and use information that we gather through Calprosmart App and associated webservices. Please note that this Privacy Statement does not apply to other Web sites operated by Calpro AS, or its affiliates. You should review the privacy statement posted on other Web sites when you visit them. This Privacy Statement was last revised in [February 2016]. We may revise this Privacy Statement at any time based on changes in laws, regulations, our products and services, in line with our contractual arrangements with partners or other reasonable justification. We will advise you if the policy changes. By using this services, you agree to the terms of the most recent version of this Privacy Statement.
We do not store any personal information on users, unless they have been registered by their health care provider.
We may collect and store anonymous data such as traffic statistics, device types etc. from unregistered visitors or users of our services. That data is not identifiable to any individual.
On registering as a user, personal data including medical test results obtained via the Calprosmart App will be stored by Calpro for the purposes of monitoring a condition that your doctor has recommended the use of Calprosmart for. The data we keep about you is:
- Your name
- Your address lines, postcode and city
- Your email address
- Your doctor’s name
- Your phone number
- Your date of birth
- Your patient ID
- Your gender
- Your Calprosmart test results, concentration, classification and threshold
- Your test frequency
- Your sampling time
- Your phone brand, model and name
- App version, Reader version, Batch number and expiry date
- Your choice of language
That data will be made available to the clinic which registered you as a Calprosmart user.
That data may be integrated with other data systems operated by the clinic or healthcare provider, subject to the clinic or healthcare provider and Calpro agreeing suitable controls on the protection of that data.
The personal details we keep on you can be updated by asking the clinic who registered you.
You can “delete” your personal data by writing to Calpro AS. However whilst your personal data will be anonymised and no longer accessible to clinics the records themselves will be retained for regulatory compliance purposes.
Calpro may use anonymised and aggregated data to monitor statistics on use of the products, to identify product use trends, to help design future product improvements, and to ensure the efficacy and safety of the products we produce.
We recommend you log out of the App and any other Services when not in use to prevent any risk of misuse.
Calpro staff have no access to personal data you provide.
All passwords you provide are encrypted (via a one-way hash) and Calpro have no access to your password. If you forget your password you can request a new one here but will require access to the associated email account.
You should not tell anyone your password, and are recommended to use a different password from any other site or service. If your password may have become known to anyone or your email account is compromised we recommend changing your password.
Your personal information is only transmitted across 256-bit SSL encrypted connections.
We take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind no one can guarantee that an Internet transmission is 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Data will be stored on the company’s servers which are located in the European Union. The data will be transmitted across the internet. The nature of the internet is that data may cross outside the borders of the EU during transmission.
Calpro maintains servers at multiple locations to protect against data loss. Calpro may occasionally temporarily disable servers for maintenance purposes.
Calprosmart is not currently available to users under the age of 13.
Calpro will engage other parties to maintain our data and services. Our contractual arrangements with those providers include appropriate safeguards to protect your data.