THIS AGREEMENT is deemed dated on download of the Gander App.
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Argadnel Ventures Limited, trading as Gander. A limited company, registered in the Isle of Man. Registered company number is 129220C, with registered office at Euromanx House, Freeport, Ballasalla, Isle of Man IM9 2AP.
We license use of the mobile application and documents to you on the basis of this EULA and subject to any rules or policies applied by any app store provider or operator from whose site (App Store), the End-user downloaded the App (App Store Rules). We do not sell the App or Documents to you. We remain the owners of the Gander App and all associated documents at all times.
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 THE DOWNLOADING PROCESS NOW.
You should print a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the Gander App or any of the services accessible through the App (Services), including any updates or supplements to the App, 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 e-mail with details of the change or notifying you of a change when you next start the App or log onto the website referred to in condition 1.6. 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 Gander 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 Gander 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(a) (Devices) and to download or stream a copy of the Gander 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 Gander App or any service on or in relation to any device, whether or not it is owned by you.
1.7 By using the Gander App you consent to us 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 Gander will make use of location data sent from the devices. If you use these services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
1.9 The Gander App or any service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.10 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:
(a) download a copy of the App onto and to view, use and display the App on any Devices for your personal purposes only; and
(b) 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:
(a) 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;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Gander App or documents;
(c) not to make alterations to, or modifications of, the whole or any part of the Gander App, or permit the Gander App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Gander App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Gander App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Gander App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the Gander App;
(e) not to provide or otherwise make available the Gander App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(f) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Gander App or any Service (Technology), together Licence Restrictions.
4. Acceptable use restrictions
(a) not use the Gander 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 Gander App, any service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Gander App or any service, including the submission of any material to the extent that such use is not licensed by this EULA;
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Gander App or any service;
(d) not use the Gander 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
(e) 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.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the Gander App, the documents and the technology anywhere in the world belong to us or our licensors, that rights in the Gander App are licensed (not sold) to you, and that you have no rights in, or to, the Gander 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 Gander App in source-code form.
6. Limitation of liability
6.1 You acknowledge that the Gander 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 Gander App as described in the documents meet your requirements.