Effective Date: 1st September 2012
1.1. “Data” means the data collected by the Software and transmitted to the Provider as described in section 3.
1.2. “Provider” means the University of York, whose contact address is Department of Computer Science, Deramore Lane, University of York, Heslington, York, YO10 5GH, United Kingdom.
1.3. “Software” means the application Floqua.
1.5. “User” means the individual who uses the Software.
2. Provision and Use of the Software
2.1. The Software is provided to the User free of charge.
2.2. The User is granted a limited, non-exclusive, royalty-free, revocable, non-transferable, non-sublicensable licence to use the Software for his/her own personal, non-commercial use.
2.3. Apart from the limited licence granted in clause 2.2, no right, title, or interest in the Software is granted to the User.
2.4. The User agrees not to make any copies, modifications, adaptations, derivatives of the Software, except for a reasonable number of backup copies.
2.5. The User agrees not to decompile or reverse-engineer the Software.
3. Collection of Data
3.1. The User agrees that when using the Software, the Provider may collect data from the User about the User’s use of the Software.
3.2. The Software collects the following data and transmits it to the Provider: highscore data.
3.3. Apart from as expressly stated in clause 3.2, the Software does not collect any personal information about the User or information contained on the User’s device.
4. Exclusion of Warranties
4.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS-IS”, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION (WHETHER EXPRESS OR IMPLIED) AS TO QUALITY, FITNESS FOR ANY PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
5. Limitation of Liability
5.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION LOSS OF DATA, LOSS OF PROFIT, BUSINESS INTERRUPTION, AND LOSS OF OPPORTUNITY.
5.2. Nothing in these Terms may be construed as limiting or excluding the Provider’s liability for negligence resulting in personal injury or death; fraud; or any other liability that, by law cannot be limited or excluded.
6. Final Provisions
6.1. These Terms constitute the entire legal agreement between the Provider and User in relation to the Software.
6.2. These Terms do not and are not intended to confer any enforceable rights or remedies upon any person other than the parties.
6.3. These Terms are governed by, and shall be construed in accordance with, the laws of England and Wales. The parties agree to submit to exclusive jurisdiction of the English courts to resolve any dispute that may arise.