MINE INTERNATIONAL LIMITED (MIL) – END USER LICENCE AGREEMENT (EULA)
Date of last revision: February 20, 2014
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE SETTING UP AN MAS ACCOUNT:
This licence agreement (Licence or these terms) is a legal agreement between you (End User or you) and Mine International Limited of Belgravia House 34/44 Circular Road Douglas Isle of Man IM1 1AE (MIL or we or us) for your use of the Mine Application Software (MAS). The MAS has been supplied and made available for your use by MIL. MIL may have collaborated with another organisation (Value Added Reseller) or (Provider) to develop a customised and branded version of the MAS aimed at individuals interested in the Provider’s products, services, and/or information related to a unique affinity groups associated with the Provider. These terms apply to use of both the generic MAS and/or any Provider branded MAS. All intellectual property rights in the MAS throughout the world are owned by or licensed to MIL.
BY ACCEPTING THIS EULA YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THIS EULA, WE ARE UNWILLING TO SET UP AN MAS ACCOUNT ON YOUR BEHALF.
1 Mine Application Software Licence
1.1 MIL grants to you a personal, non-exclusive, non-transferable, perpetual licence to use the MAS provided you do so in accordance with these terms.
1.2 You may:
(a) Access and use the MAS via your computer, mobile device, tablet and/or any internet-connected device for your own personal use; and
(b) receive and use any free supplementary software code or update of the MAS incorporating “patches” and corrections of errors as we may be provide from time to time.
1.3 You acknowledge that the MAS has not been developed to meet your individual requirements and is provided at no cost to you on an ‘as is’ basis without warranty of any kind, express or implied (including without limitation, implied warranties of quality performance and fitness for a particular purpose), and it is your responsibility to ensure that the facilities and functions of the MAS meet your requirements.
1.4 You acknowledge that the MAS may not be free of errors or bugs and you agree that the existence of any minor errors shall not constitute a breach of this Licence.
2 Your obligations
Except as expressly set out in this Licence or as permitted by any local law, you shall:
(a) not copy the MAS except where such copying is incidental to normal use of the MAS 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 the MAS;
(c) not make alterations to, or modifications of, the whole or any part of the MAS nor permit the MAS 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 MAS nor attempt to do any such things; and
(e) not use the MAS for any purpose other than your own individual use.
3 Intellectual property rights
3.1 You acknowledge that:
(a) all intellectual property rights in the MAS throughout the world belong to or are licensed to us;
(b) rights in the MAS are licensed (not sold) to you; and
(c) you have no rights in, or to, the MAS other than the right to use it in accordance with these terms.
3.2 The M icon is a trademark of MIL.
4 Our liability
4.1 Nothing in this Licence shall exclude or in any way limit our liability for fraud, or for death and personal injury caused by our negligence, or any other liability to the extent the same may not be excluded or limited as a matter of law.
4.2 Subject to Paragraph 4.1 we shall have no liability under or in connection with this Licence for any loss or damage whatsoever.
4.3 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the MAS to you. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the MAS which might otherwise be implied into, or incorporated in, these terms, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
5.1 Where the MAS contains, or you access via the MAS, links to other external internet sites and/or resources (Links) provided by third parties, these links are provided for your information only.
5.2 You acknowledge and agree that we have no control over the contents of those Links and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
5.3 We are not responsible for the availability of any Links, and we do not endorse any content, advertising, products or other materials included in or available via the Links.
6 Changes to the MAS
If you originally access a Provider-branded version of the MAS, in the event that our collaboration with the Provider ends for any reason whatsoever, we reserve the right to remove, at any time and without notice to you, the Provider-branded version of the MAS and replace it with a generic MIL version of the MAS.
7.1 We may terminate this Licence immediately at any time without written notice to you. You may terminate this Licence immediately at any time by ceasing use of it.
7.2 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities authorised by this Licence; and
8 Transfer of rights and obligations
8.1 This Licence is binding on you, MIL and our respective successors and assigns.
8.2 You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it.
8.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.
9.1 All notices given by you to MIL must be given by email to MIL at email@example.com. Any email notice given by you to MIL will be deemed received and properly served immediately after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address.
9.2 All notices given by MIL to you as an End User of the MAS will be posted on the MAS (MAS Notification). Any MAS Notification that we make will be deemed received immediately after the MAS Notification is uploaded to the MAS to be displayed on or by the MAS.
10 Events outside of 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 these terms that is caused by an event outside our reasonable control.
11.1 Any failure by us to enforce at any time any term or condition under these terms and conditions shall not be considered a waiver of our right thereafter to enforce each and every term and condition of this Licence.
If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.1 We reserve the right to change or amend these terms from time to time. In the event that we choose to exercise this right, we shall notify you by MAS Notification.
13.2 In the event that you reject the new or amended end user licence agreement, you will you must cease use of the MAS.
13.3 We also reserve the right to change the specification, functionality, operation and the websites to which the MAS links from time to time without notice to you.
14 Law and jurisdiction
14.1 This Licence is governed by English law. Any dispute (including any non-contractual dispute or claim) arising from, or related to, any term of this Licence shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.