easyStars

End User Licence Agreement

BACKGROUND

This end user licence agreement ("Licence") is a legal agreement between you and Easystars Limited, Ireland, a company incorporated in the Republic of Ireland (Register number: 768271) having its registered office at "Pavilion House, 31 Fitzwilliam Square, Dublin, Ireland" ("us" or "we") for the use of our application ("App") and the products and services made available via our App, the software and data supplied with such products and services, and associated modules and media together with all related documentation ("Products").
Use of the App and the Products is based on this Licence. We do not sell the Products to you, and we always remain the owners (or licensors) of the Products.
By using the App or using or installing a Product within the App, you agree to the terms of this Licence. You may also be required to agree to the terms of an end-user license with the supplier of the Product. In the event of any inconsistency between the terms of the end-user licence with the supplier of the Product and this Licence, the former shall prevail to the extent of the inconsistency.
If you do not agree to the terms of this Licence, we will not license the Products to you. You must cease using the App and discontinue the process of installing the Products or uninstall the Products immediately.
We reserve the right to deactivate your access to the App in the event there has been no activity within the App for a period of time, to be determined by us. In these circumstances, the App will show an inactive screen with details as to who to contact to reactivate.

GRANT AND SCOPE OF LICENCE

We hereby grant to you a limited, non-exclusive, non-transferable licence to use the App and the Products on the terms and conditions set out in this Licence. You may:
Install and use the App and Products for your own requirements only;
Receive and use any upgrades as may be provided by us from time to time; and
Provided you comply with the provisions in clause 3, make up to one copy of the Products for back-up purposes only.

RESTRICTIONS

Except as expressly set out in this Licence, you undertake:
Not to copy the App or the Products (except where permitted under this Licence) unless where such copying is incidental to normal use of the Products or where it is necessary for the purpose of back-up or operational security;
Not to rent, sell, lease, sub-license, loan, translate, merge, adapt, vary, or modify the App or the Products;
Not to make alterations to, or modifications of, the whole or any part of the App or Products nor permit the App or Products or any part of them to be combined with, or become incorporated in, any other programs;
Not to disassemble, decompile, reverse engineer, or create derivative works based on the whole or any part of the App or the Products, nor attempt to do any such things except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of a Product with another software program, and provided that the information obtained by you during such activities:
Is used only for the purpose of achieving inter-operability of a Product with another software program;
Is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
Is not used to create any software which is substantially similar to a Product.
To keep all copies of the Products secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Products; and
To ensure that the App and the Products are used by your employees in accordance with the terms of this Licence.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the App and the Products anywhere in the world belong to us (or our licensors), that rights in the App and the Products are licensed (not sold) to you, and that you have no rights in, or to, the App or the Products other than the right to use them in accordance with the terms of this Licence.
You acknowledge that you have no right to have access to the App or the Products in source code form other than as expressly provided in this Licence.
You must not infringe our intellectual property rights or those of any third party in relation to your use of the App or Products.

LIMITED WARRANTY

We warrant that the App and the Products will perform substantially in accordance with the description provided by us when properly used on an operating system for which they were designed.
We do not warrant that the operation of the App or the Products will be uninterrupted or error-free.
To the fullest extent permitted by applicable law, all warranties, conditions, or other terms implied by statute or common law are excluded from this Licence.

LIMITATION OF LIABILITY

We shall not be liable under this Licence for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We shall have no liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Use of, or inability to use, the App or the Products; or
Use of or reliance on any content displayed on the App.
Nothing in this Licence shall limit or exclude our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

TERMINATION

We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence.
On termination for any reason:
All rights granted to you under this Licence shall cease;
You must cease all activities authorized by this Licence; and
You must immediately delete or remove the App and Products from all computer equipment in your possession and confirm to us that you have done so.

GENERAL

This Licence constitutes the entire agreement between you and us relating to its subject matter.
No variation of this Licence shall be effective unless it is in writing and signed by us.
Each of the provisions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
This Licence, its subject matter, and its formation are governed by Irish law. You and we both agree that the courts of Ireland shall have exclusive jurisdiction.