Updated: 1 November 2023.

IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT

This End User License Agreement (“EULA”) is a legal agreement between you (“Licensee” or “You”) and The Glasgow School of Art, a company registered under the laws of Scotland, with its principal place of business at 167 Renfrew Street, Glasgow, G3 6RQ (“Licensor”, “GSA”, “Us” or “We”). This EULA governs the use of our “Augmented Reality Patient Leaflets” computer software (“Software”).

We license use of the Software to You on the basis of this Licence. We do not sell the Software to You. We remain the owners of the Software at all times.

By installing, copying, or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not use the Software and promptly remove it from Your computer or device.

1         LICENSE GRANT

1.1          Subject to the terms and conditions of this EULA, We grant You a non-exclusive, non-transferable, revocable license to use the Software for personal and educational purposes only.

2         RESTRICTIONS

You undertake not to:

2.1          Use the Software or Documentation for any commercial, clinical, or medical purposes, including providing medical advice or treatment.

2.2          Reverse engineer, decompile, or disassemble the Software.

2.3          Modify, adapt, or create derivative works based on the Software.

2.4          Distribute, sublicense, lease, rent, or otherwise transfer the Software to any third party.

2.5          Remove, alter, or obscure any copyright, trademark, or other proprietary notices within the Software.

2.6          Use the Software, or permit use of the Software, or make functionality of the Software available for use, in a network, multi-user arrangement or remote access arrangement, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other online use or type of services, except as otherwise explicitly provided by Us.

3         LIABILITY DISCLAIMER

3.1          BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING WE PROVIDE THE SOFTWARE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

3.2          We are not liable for business losses. We only supply the Software for personal and educational use. If You use the Software for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3.3          We are not liable for any medical use of the Software. We supply the Software for purely personal and educational purposes. If You use the Software for medical purposes including giving medical advice or treatment, We will have no liability to You for any loss of profit, loss of business, injury or loss of life.

3.4          We do not guarantee that the Software will be secure or free from bugs, viruses, errors, or that defects will be corrected. You are responsible for configuring your information technology, computer programs and platform in order to access our Software. You should use your own virus protection software.

4         INTELLECTUAL PROPERTY RIGHTS

4.1          You acknowledge that all intellectual property rights in and to the Software including copyrights, patents, trademarks, and trade secrets, are owned by the Licensor.

4.2          This EULA does not grant You any rights to use the Licensor’s intellectual property except as expressly provided herein.

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5         TERMINATION

5.1          This EULA is effective until terminated. We may terminate this EULA at any time if You fail to comply with its terms and conditions. Upon termination, You must cease using the Software and delete or destroy all copies of the Software in Your possession.

6         GOVERNING LAW AND JURISDICTION

6.1          These terms are governed by Scottish law. The agreement is under the exclusive jurisdiction of Scots Law, and You can bring legal proceedings in respect of the Licence in the Scottish courts only.

7         ENTIRE AGREEMENT

7.1          This EULA constitutes the entire agreement between You and the Licensor concerning the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.

Please review this EULA carefully. By using the Software, You acknowledge that You have read, understood, and agreed to be bound by its terms. If You have any questions or concerns about this EULA, please contact Us via email at support@merrc.org