These end user licence agreement (“EULA”) together with the C.A.T Manager Privacy Policy, create an
agreement between You (“You” or “Your”) and Radiodetection Ltd, a company incorporated under the laws of England and Wales, with registered office at Western Drive, Bristol BS14 0AF United Kingdom inclusive of Radiodetection’s successor(s) in interest ("Radiodetection") in respect of Your use of Radiodetection’s C.A.T. Manager Online mobile app (“App”), the data You upload and subsequently access, retrieve, view and download via the App (“Customer Data”), Radiodetection’s data which you can access, retrieve and view (“Radiodetection Data”)
and Radiodetection’s documentation, if any, that prescribes how the App is to be used (“Documentation”).
Before using the App, You should carefully read the following terms and conditions contained in this EULA as they govern Your use of the App, the Radiodetection Data and Documentation.
By using the App, You accept this EULA and agree that: (i) You are legally bound by this EULA’s terms and conditions; and (ii) Your use of the App, Customer Data, Radiodetection Data and Documentation is for legitimate and legal internal business purposes in the normal and proper course of the business of your employer only.
Radiodetection is willing to licence and/or allow the use of the App, the Radiodetection Data and the Documentation only on the condition that You accept and agree to all of the terms and conditions contained in this EULA. If You do not agree with this EULA, You are not granted permission to use the App, the Radiodetection Data and Documentation. No other licence or rights are granted (whether expressly, by implication or otherwise) to You under this EULA.
You should print a copy of this EULA for future reference.
IT IS HEREBY AGREED
1. ACKNOWLEGEMENTS
1.1 Your employer (“Employer”) has entered into terms with Radiodetection to subscribe
to and use Radiodetection’s C.A.T. Manager Online service (“Service”). To this end, You may need to use the App, the Radiodetection Data and the Documentation.
1.2 Radiodetection licenses the use of the App to You as set out in this EULA and subject
to any rules or policies applied by any app store provider or operator from whose site or platform You downloaded the App. Radiodetection does not sell the App to You. Radiodetection remains the owner of the App, the Radiodetection Data and Documentation at all times.
1.3 The App is intended to be used by employees of the Employer only. Radiodetection
disclaims all responsibility and liability if You use the App and You are not an employee of the Employer.
1.4 Radiodetection may change these terms at any time. The new terms may be
displayed on-screen and You may be required to read and accept them to continue Your use of the App.
1.5 From time to time updates to the App may be issued. Depending on the update, You
may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
1.6 You confirm You are employed by Your Employer and are authorised by Your
Employer to use the App, the Radiodetection Data and the Documentation.
1.7 If You choose, or are provided with, a user identification code, password or any other
piece of information as part of Radiodetection’s security procedures, You must treat such information as confidential. You must not disclose it to any third party.
1.8 Radiodetection reserves the right to disable any user identification code or password,
whether chosen by You or allocated by Radiodetection, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this EULA.
1.9 If You know or suspect that anyone other than You knows Your user identification
code or password, You must promptly notify Radiodetection at support@radiodetection.com
2. LICENCE GRANT
2.1 Subject to Section 3, Radiodetection grants You a personal, revocable, limited, non-
exclusive, royalty-free, non-transferable and non-sublicenceable licence to:
2.1.1 install the App on Your mobile phone, smartphone, tablet, PDA,
computer or other equipment on which the App has been designed to operate;
2.1.2 use the App, the Radiodetection Data and the Documentation for
as long as Your Employer is entitled to use the Service;
2.1.3 use the App, the Radiodetection Data and the Documentation for
legitimate and legal internal business purposes in the normal and proper course of the business of Your Employer;
2.1.4 use the App in accordance with the Documentation or as otherwise
instructed or permitted by Radiodetection; and
2.1.5 use the App, the Radiodetection Data and the Documentation so
long as You comply with the terms and conditions of this EULA.
2.2 Radiodetection shall be under no obligation to provide any updates, patches, fixes,
enhancements, modifications, revisions, or additions to the App.
2.3 You hereby grant Radiodetection an irrevocable, worldwide, non-exclusive, royalty-
free, sub-licensable, and transferable right and licence to store, use and make available all data, information, text, drawings and other materials which You upload using the App to the extent necessary to enable Radiodetection to provide the App and the Service.
2.4 You agree and acknowledge that Radiodetection may collect certain usage statistics
and data from the App and/or Your use of the App (“Aggregated and Anonymised Data”). To the extent the Aggregated and Anonymised Data is not owned by the Employer, You hereby grant to Radiodetection an irrevocable, worldwide, exclusive, fully paid-up, sub-licensable, transferable and unrestricted right and licence to host, store, use, copy, modify, manipulate, configure, create derivatives from, transmit, display, make available to third parties and/or commercialise any or all of the Aggregated and Anonymised Data.
- RESTRICTIONS
3.1 You shall not reproduce, market, advertise, promote, distribute, sell, publicly display,
prepare derivative works of, licence, grant subscriptions to, sublicence or otherwise commercially exploit, the Service, App, any Radiodetection Data or the Documentation (or enable, provide or make available the Service, App, any Radiodetection Data or the Documentation to a third party to so commercially exploit).
3.2 You shall not modify, translate, decompile, recompile, create any derivative work(s)
of, copy, distribute, disassemble, broadcast, transmit, publish, or alter the App, the Radiodetection Data or the Documentation, at any time.
3.3 You shall not modify or remove any proprietary notices or labels in or on the App, the
Radiodetection Data or the Documentation.
3.4 You must not infringe Radiodetection’s intellectual property rights or those of any third
party in relation to Your use of the App or Documentation.
3.5 You must not use the App in any manner that could cause offence or harm, or is
unlawful, including uploading any offensive, defamatory, harmful, hateful, sexist or discriminatory material using the App.
- THIRD-PARTY MATERIALS
4.1 The App may include software, content, data or other materials, including related
documentation, that are owned by entities other than Radiodetection and that are provided to Radiodetection on licence terms that are in addition to and/or different from those contained in this EULA ("Third-Party Licences"). You are bound by and shall comply with all Third-Party Licences which are set out in the Annex to this EULA. Any breach by You of any Third-Party Licence is also a breach of this EULA.
- DATA PROTECTION
5.1 You hereby consent to us collecting, storing, processing and transferring outside the European Economic Area, any personal data that You provide to us through Your use of the App.
5.2 You agree that with regard to Your personal data, Radiodetection is the data
controller.
5.3 Radiodetection shall process Your personal data in accordance with applicable laws
and its privacy policy. The C.A.T Manager Privacy Policy can be viewed at:
https://support.radiodetection.com/hc/en-gb/articles/11054615767581-C-A-T-Manager-Privacy-Policy
- PROPRIETARY RIGHTS
6.1 You agree and acknowledge that Radiodetection transfers no ownership or
intellectual property right or title in or to the App, the Radiodetection Data or the Documentation to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the App, unless otherwise indicated, are owned, controlled, and licensed by Radiodetection and its successors and assigns and are protected by law.
6.2 Radiodetection reserves all of its rights, title and interest (including intellectual
property rights) in the App, the Radiodetection Data and the Documentation. The Radiodetection logo, and all other names, logos, and icons identifying Radiodetection and its programs, products, and/or services are proprietary trademarks of Radiodetection (or its affiliates or subsidiaries), and any use of such marks, including, without limitation, as part of domain names, without the express written permission of Radiodetection is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
- DISCLAIMER
7.1 You agree and acknowledge that the App, the Radiodetection Data and the
Documentation are provided on an "as-is" and "as available" basis and may include errors, omissions, or other inaccuracies. Radiodetection may suspend or withdraw or restrict the availability of all or any part of the App. You assume the sole risk of making use of the App, the Radiodetection Data and/or the Documentation.
7.2 Radiodetection makes no representation or warranty that the App will operate error
free or in an uninterrupted fashion or that any downloadable or accessible files or
information will be free of viruses or contamination or destructive features.
7.3 Radiodetection shall have no liability to You arising out of or related to Your
installation or use of the App, and/or Your use of the Radiodetection Data, Customer Data or Documentation.
- GOVERNING LAW
8.1 This EULA and any non-contractual obligations arising out of or in relation to this
EULA shall be governed by and will be interpreted in accordance with English law. All disputes arising out of or relating to this EULA or any non-contractual obligations arising out of or relating to this EULA shall be submitted to the exclusive jurisdiction of the English courts.
8.2 Any claim You might have against Radiodetection must be brought within one (1) year
after the cause of action arises, or such claim or cause of action shall be barred.
- COMPLIANCE MEASURES.
9.1 The App may contain technological copy protection or other security features
designed to prevent unauthorised use, including but not limited to features to protect against use beyond that permitted by Radiodetection. You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any workaround to, any such copy protection or security features.
- COLLECTION AND USE OF INFORMATION
10.1 Without prejudice to Section 2.4, You acknowledge that Radiodetection may, directly or indirectly through the services of third parties, collect and store information regarding use of and/or access to the App, about equipment on which the App is installed or through which it otherwise is accessed and used. You agree that Radiodetection may use such information for any purpose related to the App, including but not limited to improving the performance of the App (including but not limited to developing updates and the like) and verifying Your compliance with the terms of this EULA and enforcing Radiodetection rights, including all intellectual property rights in and to the App.
- TERM AND TERMINATION
11.1 This EULA and Your right to use the App, the Radiodetection Data and the Documentation will take effect from the moment You click "I ACCEPT".
11.2 Radiodetection reserves the right at any time and on any grounds, which shall include when Your Employer ceases to subscribe to the Service, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this EULA, to deny You access to the App, the Radiodetection Data and the Documentation (or to any portion thereof) and any licences provided by Radiodetection hereunder may also be terminated by Radiodetection if You fail to comply with this EULA.
11.3 Termination of this EULA will be effective without notice. Upon termination of this EULA, all rights granted to You under this EULA shall cease and You must destroy all copies of any aspect of the App, the Radiodetection Data and Documentation in Your possession and, upon request, shall certify such destruction to Radiodetection in writing.
11.4 Sections 6, 7, 8, 10 and 13 will survive the termination of this EULA for any reason.
- COMMUNICATION
12.1 If You wish to contact Radiodetection 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 at support@radiodetection.com. We will confirm receipt of this by contacting you in writing, by email.
12.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us when You register.
- GENERAL
13.1 You acknowledge that any breach, threatened or actual, of this EULA will cause irreparable injury to Radiodetection, such injury would not be quantifiable in monetary damages, and Radiodetection would not have an adequate remedy at law. You therefore agree that Radiodetection shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this EULA. You hereby waive any requirement that Radiodetection post any bond or other security in the event any injunctive or other relief is sought by or awarded to Radiodetection to enforce any provision of this EULA.
13.2 You agree that this EULA is for the benefit of You, Your Employer and Radiodetection. This EULA is personal to You, and You may not transfer Your rights or obligations to any other person or entity without Radiodetection's prior written consent. Radiodetection may transfer this EULA (or any of its rights and/or obligations under this EULA) to a third party at any time without Your approval.
13.3 Failure by Radiodetection to insist on strict performance of any of the terms and conditions of this EULA will not operate as a waiver by Radiodetection of that or any subsequent default or failure of performance.
13.4 If any provision (or part thereof) contained in this EULA is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
13.5 No joint venture, partnership, employment, or agency relationship exists between You and Radiodetection as a result of this EULA or Your use of the App.