Disclaimer Covering Magdi UK Limited Software Download
In order to download and use the Software, you must first read and agree to be bound by the terms and conditions of the End User Software Licensing Agreement (“Agreement”) below.
You agree to be bound by its terms and conditions. Click the [I agree] button to carry out the download procedure. Regardless of whether or not you actually do agree, by downloading the software, you indicate your agreement to be bound the terms and conditions of the Agreement and establish a contractual agreement between you and Magdi Limited, a company registered in England and Wales (“the Company”).
If you do not agree with the terms and conditions of the Agreement, do not download the Software.
End User Software Licensing Agreement – Magdi UK Limited
Software:
The Company has developed patented, proprietary software to be downloaded onto mobile phones (“ the Software”) .
License:
Company as owner of the Software and other intellectual property rights in such Software grants you the following free of charge, non-exclusive, non-transferable copyright licence to download and install the Software on a mobile phone, subject to the terms of this Agreement.
Restrictions:
You may not and you agree not to:sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third part in the Software;undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by the law);remove, obscure or alter any copyright notices or other proprietary notices included in the Software;use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties.
Purpose and Operating System:
The Software has been developed by the Company to reduce the potential harmful effects of mobile phone usage and continues to be in development. Downloading the Software alters the NFC/GSM signal balance and requires modification of the operating system of your mobile telephone. You acknowledge that the software is in a preliminary stage and as such is experimental.
Updates to the Software:
Company may automatically check your version of the Software. You may also be required to enter in to an updated version of these terms to be able to download or otherwise take advantage of any updates; Company has no obligation to make available any updates. However, Company may (a) require you to download and install updates; or (b) download and install updates automatically from time to time unless you have chosen not to receive automatic updates.
Suspension, Technical Improvement and Maintenance:
From time to time, Company may need to perform maintenance on or upgrade the Software, or the underlying infrastructure that enables you to use the Software. This may require Company to temporarily suspend or limit your use of some or all of the Software.
Changes to Products:
Company is constantly improving the Software and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the products and functionability of the Software may vary from time to time. You may need to upgrade to a new version in order to enjoy the enhanced benefit of the Software. In addition, you acknowledge and agree that certain products may be subject to usage limits or geographical restrictions, which may vary from time to time.
Period of Agreement
This Agreement becomes binding as soon as you download the Software. This Agreement terminates one year from download, unless extended by the Company by notice . Company may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy the all of the copies of the Software.
Liability
The Software is provided free of charge, without any guarantees, conditions or warranties as to its accuracy or effectiveness. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms with might otherwise be implied by statute, common law or the law of equity;
any liability for any direct, indirect or inconsequential loss or damage incurred by any user in connection with the Software or in connection with the use, inability to use, or results of the use of our Software, including:
1. damage if any kind caused as a result of downloading the Software to a mobile telephone
2. loss of income or revenue
3. loss of business
4. loss of profits or contracts
5. loss of anticipated savings
6. loss of data
7. loss of goodwill
8. wasted management or office time and
9. whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Information about You and Yours Visits to Our Site
We process information about you in accordance with our privacy policy contained on our website. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Viruses, Hacking and other Offences
You must not misuse the Software by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You just not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, the Agreement, although the Company retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and constructed in accordance with the law of England and Wales.
Magdi UK Ltd License Agreement ©2012 Magdi UK Ltd. All rights reserved. Magdi is a trademark of Magdi UK Ltd in the UK and other countries.
