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PLEASE READ CAREFULLY BEFORE REGISTERING TO USE Tendable. BY ACCESSING AND USING THE Tendable APP, YOU ACCEPT THESE TERMS AND CONDITIONS. IN PARTICULAR, YOU AGREE THAT PATIENT PRIVACY AND DIGNITY IS VITALLY IMPORTANT, AND YOU MUST NEVER USE Tendable TO COLLECT OR STORE ANY INFORMATION FROM WHICH ANY PATIENT OR OTHER INDIVIDUAL MAY BE IDENTIFIED.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Tendable Ltd (registered number 09954491) of Evergreen House, North Grafton Place, London, NW1 2DX (Licensor, us or we) for use of the Tendable application software and all associated information, documents and websites (together referred to as Tendable), as well as any other service that may be accessible through Tendable (Service).
We licence use of Tendable to you on the basis of this EULA and subject to any rules or policies applicable to the appstore or website from which you accessed Tendable (Appstore Rules). We do not sell Tendable to you or the organisation you work for who may have purchased access to Tendable on your behalf. We remain the owners of Tendable at all times.
Important notice:
A copy of this EULA is available on the Tendable website at https://www.tendable.com/end-user-licence-agreement. You should print or save a copy of this EULA for future reference.Agreed terms:
1.1 The terms of this EULA apply to Tendable or any of the services accessible through Tendable (Services), including any updates or supplements to Tendable or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in Tendable 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 email with details of the change or notifying you of a change when you next log into Tendable. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of Tendable and the Services.
1.3 We may update Tendable from time to time and such updates may be automatic. If you do not wish to use the updated version, you must stop using Tendable.
1.4 You will be assumed to have obtained permission from the owners of any mobile telephone or handheld devices that are controlled, but not owned, by you (Devices) and to access Tendable on 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 Tendable or any Service on or in relation to any Device, whether or not it is owned by you, and for ensuring the security and access of the Device and all information held on it, for example by using secure passwords and logging out of Tendable when you are not using it.
1.5 The terms of our privacy policy from time to time, available at the end of this EULA (Privacy Policy) are incorporated into this EULA by reference and apply to all Services. Additionally, by using Tendable or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using Tendable or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.6 By using Tendable or any of the Services, you consent to us collecting and using technical information, including location 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. According to our agreement with your organisation, we also have an ongoing right to use any information that you submit to Tendable while you are using it (this information is not personal to you, but relates to your organisation).
1.7 Tendable 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.
1.8 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.
2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use Tendable, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy Tendable except where such copying is incidental to normal use of Tendable, 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 Tendable;
(c) not to make alterations to, or modifications of, the whole or any part of Tendable, or permit Tendable 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 Tendable 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 Tendable 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 Tendable 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 Tendable;
(e) to keep all passwords you may use to access Tendable secure;
(f) to include our copyright notice (© Tendable Ltd. All rights reserved.) on all entire and partial copies you make of Tendable on any medium;
(g) not to provide or otherwise make available Tendable in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by Tendable or any Service (Technology),
together Licence Restrictions.
You must:
(a) not use Tendable or any Service to collect or store any information (including notes, comments, images or any other content) from which any patient or other individual may be identified, and you must never input information like this to Tendable or do anything which might infringe any patient’s privacy or dignity;
(b) not use Tendable 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 Tendable, any Service or any operating system;
(c) not infringe our intellectual property rights or those of any third party in relation to your use of Tendable or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
(d) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Tendable or any Service;
(e) not use Tendable or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(f) 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.
5.1 You acknowledge that all intellectual property rights in Tendable and the Technology anywhere in the world belong to us or our licensors, that rights in Tendable are licensed (not sold) to you, and that you have no rights in, or to, Tendable 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 Tendable in source-code form.
6.1 You acknowledge that Tendable has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of Tendable meet your requirements.
6.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.4.
6.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £500. This does not apply to the types of loss set out in condition 6.5.
6.5 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
7.1 We may terminate this EULA immediately by giving notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
(c) if our agreement with the company you work for which purchased access to Tendable on your behalf comes to an end.
7.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) you must immediately delete or remove Tendable from all Devices, and immediately destroy all copies of Tendable then in your possession, custody or control and certify to us that you have done so;
(d) we may remotely access the Devices and remove Tendable from all of them and cease providing you with access to the Services.
8.1 If you wish to contact us 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 [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail.
9.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
9.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
9.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
9.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
These terms were last reviewed in January 2016.