myLDN End User Licence Agreement
PLEASE READ CAREFULLY BEFORE PROCEEDING.
This end-user licence agreement (EULA) is a legal
agreement between you (End-user or you)
and LDN Research Trust, Registered Charity Number:
1106636, having their registered office at PO Box 1083, Buxton, Norwich ( Licensor, us or we) for:
myLDN
mobile application software and the associated media (App
).
We licence use of the App to you on the basis of this EULA and subject to
any rules or policies applied by any Appstore provider or operator from
whose site (Appstore), the End-user downloaded the App ( Appstore Rules). We do not sell the App to you. We remain
the owners of the App at all times.
Important notice:
By creating an Account and clicking on the "Accept" button or ticking to
accept these terms you agree to the terms of the licence which will bind
you. The terms of the licence include, in particular, the privacy terms and
limitations on liability in condition 7.
If you do not agree to the terms of this licence by not pressing the
"Accept" button or ticking to accept these terms, you will not be able to
create an Account and we will not license the App to you and any use will
be unauthorised.
As a consumer, you have the right to withdraw from your transaction without
charge and without any reason before downloading the App.
However, you will lose the right to cancel the transaction once you begin
to download the App.
This does not affect your consumer rights for an app that is defective.
By accepting the terms you will be assisting in what aims to be the world's
largest LDN survey worldwide for over 240 autoimmune conditions for which
LDN could be of benefit. Your input will go a long way to help with LDN
clinical trials. Thank you.
Agreed Terms
1. ACKNOWLEDGEMENTS
1.1 The terms of this EULA apply to the App or any of the services
accessible through the App (Services), including any
updates or supplements to the App or any Service, 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 updating the terms on our
websites. 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 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 App and
accepted any new terms.
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 and described in condition 2.2 (Devices) and to
download or stream a copy of the 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 App or any Service on or in relation to any Device,
whether or not it is owned by you.
1.5 This App collects anonymous user data, such as application errors,
device information (make / model / screen size etc.), and general user
statistics (screens viewed, time spent using app, country). All of this
information is anonymous and is used from time to time to assess
improvements to the software.
1.6 We will collect non-personally identifiable aggregate data from the
users of the software and, may share any data anonymously with third
parties, such as researchers and doctors planning clinical trials. The LDN
Research trust will require a donation from the third party for sharing the
anonymous data.
1.7 By using the App or any of the Services, you consent to us collecting
and using:
1.7.1 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;1.7.2
non-personally identifiable health data, which is only used anonymously
1.8 Certain Services will make use of location data sent from the Devices.
You can turn off this functionality at any time by turning off the location
services settings for the App on the Device. If you use these Services, you
consent to us and our affiliates' and licensees' transmission, collection,
maintenance, processing and use of your location data and queries to
provide and improve location-based products and services. You may withdraw
this consent at any time by turning off the location services settings.
1.9 The 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
2.1 In consideration of you agreeing to abide by the terms of this EULA, we
grant you a non-transferable, non-exclusive licence to use the App on the
Devices, subject to these terms, the Privacy Policy and the Appstore Rules
incorporated into this EULA by reference. We reserve all other rights.
2.2 You may download a copy of the App onto one device, or on more than one
device so long as they are for use by the same user, and to view, use and
display the App on the Devices for your personal purposes only or for more
than one person using the same device, or in connection with the business
of the provision of care.
3 LICENCE RESTRICTIONS
3.1 Except as expressly set out in this EULA or as permitted by any local
law, you agree:
3.1.1 not to copy the App 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;
3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary
or modify the App;
3.1.3 not to make alterations to, or modifications of, the whole or any
part of the App, or permit the App or any part of it to be combined with,
or become incorporated in, any other programs;
3.1.4 not to disassemble, decompile, reverse-engineer or create derivative
works based on the whole or any part of the 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 App with another software program, and provided that the information
obtained by you during such activities:
3.1.4.1 is used only for the purpose of achieving inter-operability of the
App with another software program;
3.1.4.2 is not unnecessarily disclosed or communicated without our prior
written consent to any third party; and
3.1.4.3 is not used to create any software that is substantially similar to
the App;
3.1.5 to keep all copies of the App secure and to maintain accurate and
up-to-date records of the number and locations of all copies of the App;
3.1.6 to include our copyright notice on all entire and partial copies you
make of the App on any medium;
3.1.7 not to provide or otherwise make available the App in whole or in
part (including object and source code), in any form to any person without
prior written consent from us; and
3.1.8 to comply with all technology control or export laws and regulations
that apply to the technology used or supported by the App or any Service
(Technology), together
4 ACCEPTABLE USE RESTRICTIONS
4.1 You must:
4.1.1 not use the 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 App, any
Service or any operating system;
4.1.2 not infringe our intellectual property rights or those of any third
party in relation to your use of the App or any Service, including the
submission of any material (to the extent that such use is not licensed by
this EULA);
4.1.3 not transmit any material that is defamatory, offensive or otherwise
objectionable in relation to your use of the App or any Service;
4.1.4 not use the 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
4.1.5 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 App, and
the Technology anywhere in the world belong to us or our licensors, that
rights in the App are licensed (not sold) to you, and that you have no
rights in, or to, the App 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 App in
source-code form.
6 LIMITED WARRANTY
6.1 Unless required by applicable law, this product is provided on an "AS
IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including without limitation, any warranties or conditions of
TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR
PURPOSE.
6.2 We warrant that the App will, when properly used and on an operating
system for which it was designed, perform substantially in accordance with
the functions described.
7 LIMITATION OF LIABILITY
7.1 You acknowledge that the 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 App as described meets your
requirements.
7.2 We only supply the App for domestic and private use, and in connection
with the business of the provision of care. You agree not to use the App
for any other commercial, business or resale purposes, and we have no
liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
7.3 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 7.6, but we are not responsible for any
unforeseeable loss or damage. Loss or damage is foreseeable if it is an
obvious consequence of our breach or if they were contemplated by you and
us at the time we granted you the EULA.
7.4 The App has been primarily designed to aid in the research of the
effectiveness of Low Dose Naltrexone, and as such, we may share aggregate,
non-personally identifiable data with carefully selected third parties to
aid in this research. In addition, we may receive a donation from such
third parties for the use of this data.
7.5 The App is not intended as an aid to care, and no warranty or guarantee
can be given that it will provide the facilities it is intended to provide
in all circumstances; total reliance should not therefore be placed on it,
in particular on the connectivity, software and hardware resilience or
other circumstances. No liability can be accepted for any failure of the
App to detect a specific occurrence or to give notification of a particular
occurrence. You acknowledge and agree that no medical advice, medical
service, medical information or other medical engagement is provided
through the App or otherwise by us or by anyone on our behalf, and that you
are installing and (if applicable) using the App at your own risk, without
any reliance, assumption, expectation, or intent whatsoever that the App or
we shall provide you any medical advice, medical service, medical
information or other medical engagement.
7.6 You assume any and all risks associated with the use of this App.
7.7 We will not be liable for any loss nor will you be entitled to
reimbursement if the services provided through the App are discontinued.
7.8 Our maximum aggregate liability under or in connection with this EULA
(including your use of any Services) whether in contract, delict (including
negligence) or otherwise, shall in all circumstances be limited to the cost
of the App.
7.9 In no event will the author be held liable for any damages, injuries or
death arising from the use, misuse, or malfunction of this software.
7.10 We take reasonable security measures to protect the security of your
personal information. Despite our efforts to protect your personal
information, there is always some risk that an unauthorized third party may
find a way around our security systems or that transmissions of your
information over the Internet may be intercepted.
7.11 The security of your personal information is important to us. When you
enter personal information (including personal health information in
various tools on our website), we encrypt the transmission of that
information or use SSL connections (Secure Socket Layer) technology.
7.12 We are registered in the UK as a data controller/processor, with
registration reference ZA044795.
8 TERMINATION
8.1 We may terminate this EULA immediately by written notice to you:
8.1.1 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; or
8.1.2 if you breach any of the Licence Restrictions or the Acceptable Use
Restrictions.
8.2 On termination for any reason:
8.2.1 all rights granted to you under this EULA shall cease;
8.2.2 you must immediately cease all activities authorised by this EULA,
including your use of any Services;
8.2.3 you must immediately delete or remove the App from all Devices, and
immediately destroy all copies of the App then in your possession, custody
or control and certify to us that you have done so;
8.2.4 we may remotely access the Devices and remove the App from all of
them and cease providing you with access to the Services.
9 EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under this EULA that is
caused by any act or event beyond our reasonable control, including failure
of public or private telecommunications networks ( Event Outside Our Control).
9.2 If an Event Outside Our Control takes place that affects the
performance of our obligations under this EULA:
9.2.1 our obligations under this EULA will be suspended and the time for
performance of our obligations will be extended for the duration of the
Event Outside Our Control; and
9.2.2 we will use our reasonable endeavours to find a solution by which our
obligations under this EULA may be performed despite the Event Outside Our
Control.
10 OTHER IMPORTANT TERMS
10.1 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.
10.2 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.
10.3 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.
Please note that this EULA, its subject matter and its formation, are
governed by Scots law. You and we both agree that the courts of Scotland
will have exclusive jurisdiction.
This agreement
has been entered into on the date on which you download the App or clicking
on the "Accept" button or tick to accept these terms.
11 MEDICAL DISCLAIMER
11.1 The LDN Research Trust app is for information only. It is not meant to
replace professional, legal or medical advice, or advice on any other
subject which a professional may give or have given.
11.2 Consultation with your GP and/or other medical personnel is suggested
and recommended before commencing any medical intervention, including
ingestion of Low Dose Naltrexone.
11.3 The LDN Research Trust cannot be held liable for any circumstance
resulting from taking Low Dose Naltrexone (LDN)
11.4 LDN is not a miracle drug, cure and doesn't work for everyone.
12 Privacy Policy
12.1 Use of this app is subject to the terms of our
Privacy Policy.
© 2011 - 2021, LDN Research Trust