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END USER LICENSE AGREEMENT
COURIER ALLIANCE
MOBILE APPLICATION MOBILE DEVICE SOFTWARE
SEPTEMBER 2020
END-USER LICENCE AGREEMENT (“EULA”) FOR ACCESS TO ‘COURIER ALLIANCE MOBILE APPLICATION’ ONLY
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IMPORTANT – READ CAREFULLY
THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “LICENCEE”) AND COURIER ALLIANCE LTD (“CA”) FOR THE SOFTWARE PRODUCT(S) IDENTIFIED ABOVE WHICH INCLUDES COMPUTER AND MOBILE SOFTWARE AND ASSOCIATED MEDIA AND DOCUMENTATION (COLLECTIVELY “LICENCED SOFTWARE”) BY INSTALLING THE LICENCED SOFTWARE, OR DOWNLOADING, INSTALLING, ACCESSING OR UTILIZING THE LICENCED SOFTWARE OR BY LOGGING IN, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, PROMPTLY DELETE THE LICENCED SOFTWARE AND NOTIFY CA TO REMOVE YOU FROM THE DATABASE.
LICENSE. Subject to your compliance with this EULA, we hereby grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide license to download, install, access and use the Software (in object code form only) for your internal business purposes, in the specific configuration and for the time period (which may be perpetual) (“Subscription Period”). You agree that you are liable for any breach of this EULA by any Permitted Third Party.
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Protection/Ownership
The Licenced Software may include software owned by third-parties (collectively “Third-Party Owners”). The Third-Party Owners are third-party beneficiaries of this EULA and you agree to be bound to them under all the terms and conditions of this EULA, unless and to the extent that a separate Licence agreement for such software governs. The Licenced Software is protected by copyright and other intellectual property laws. CA or a Third Party Owner retain ownership of the Licenced Software and the copies of the Licenced Software provided herewith. The Licenced Software is Licenced to the Licensee for use subject to the terms set forth in this EULA.
CA Mobile Applications End User Licence is supplied in order for you to use the Licenced Software with the CA system. You must be a registered CA user to access the CA system. This EULA will automatically terminate upon expiry of your account. This Licence does not expand your number of authorised concurrent users for the CA system.
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Grant of Licence
CA hereby grants to Licence, a non-exclusive, non-transferable and for the period agreed only (unless earlier terminated as provided below) right to use only the executable version (no source code) of the Licenced Software or secure web (HTTPS) access on a single computer or mobile device at any time for its own internal business assessment or to communicate with CA or its appointed agents or representatives only.
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Scope of Licence
You are allowed only the number of concurrent users of the Licenced Software registered onto the CA system or supplied by CA and only for the period granted in this Agreement only.
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Additional users
If you wish to expand the number of authorized concurrent users covered by the Licence You may be able to request additional test Licences or Registered Users from CA.
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Transfer
This client software and access to the CA system is not transferable and system access may be withdrawn, or extended at the discretion of CA
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Restrictions
You agree not to copy the Licenced Software in design or its code. You may not reverse-engineer the application.
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Independent Contractors; Non-Exclusive Rights
We and You are independent contractors, and this EULA will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
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Links to Other Software
Use of the Licenced Software may provide links, integrations or “publishing” access to separate third-party software. CA provides such links, integrations or “publishing” access as a benefit only and such access does not change the Licence rights of the separate third-party software. You must determine if your use of the separate third-party software as accessed through the Licenced Software is in compliance with the respective third-party software end-user Licence agreement.
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Warranty/Remedy/Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTY AND REMEDY SET FORTH BELOW ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.
Except as provided for in this EULA, no CA reseller, dealer, agent or employee is authorised to modify or add to the following warranties and remedies. CA makes no warranty for this Software nor provides any Service Level Agreement for the performance of the CA system or Mobile Applications.
To the maximum extent permitted by applicable law, except as provided above, CA MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE LICENCED SOFTWARE, ITS QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
UNLESS BOTH EXPRESSLY REPRESENTED AND AGREED IN WRITING, THE LICENCED SOFTWARE IS NOT DESIGNED, OR INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE LICENCED SOFTWARE COULD CREATE A SITUATION WHERE SUBSTANTIAL PROPERTY DAMAGE OR PERSONAL INJURY OR DEATH MAY OCCUR. CA AND ANY THIRD-PARTY OWNERS RECOMMEND AGAINST, AND DISCLAIM ANY LIABILITY FOR, USE OF THE LICENCED SOFTWARE IN ANY SUCH APPLICATION UNLESS SUBJECT TO A SPECIFIC SERVICE LEVEL AGREEMENT.
You understand and acknowledge that CA will not be liable for network-related problems attributable to the operation of the Licenced Software and that network configuration changes may affect the system’s performance.
To the maximum extent permitted by applicable law, CA’S entire liability under this EULA shall be limited to the amount paid by you for the Licenced Software access for any remaining subscription period.
IN NO EVENT WILL CA BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENCED SOFTWARE, even if advised of the possibility of such damages. In particular, and without limitation, CA shall have no liability for any data stored or processed with the Licenced Software on the CA system, including the costs of recovering such data.
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Maintenance & Support
CA provides maintenance and/or technical support (including upgrades and enhancements) for the Licenced Software only through separate Agreements. Please contact CA or the place from which you obtained the Licenced Software if You wish to obtain maintenance and/or technical support through the execution of such an agreement.
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Compliance; Export Control; Privacy
You must comply with all applicable laws and regulations in your use of the Licenced Software. You may not export, ship, transmit, or re-export the Licenced Software in violation of any applicable law or regulation, including, without limitation, the Export Administration Regulations issued by the United Kingdom Department of Trade and Industry, or any such similar law or regulation issued by such other governmental entity which may have jurisdiction over such export. Further, You agree to abide by all applicable data protection, SPAM, privacy and similar rules, directives and other laws in your use of the Licenced Software.
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Confidentiality and Publicity.
You may use CA confidential information only in connection with your use of the Software as permitted under this EULA. You will not disclose CA confidential information during the term or at any time during the five (5) year period following the end of the term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorised use of CA confidential information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this EULA or your use of the Software.
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Indemnification – General
You will defend, indemnify, and hold harmless CA, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable solicitor fees) arising out of or relating to any third-party claim concerning: (i) your download, installation, use, reproduction or distribution of the Software (including in combination with devices, software, or other items), (ii) unauthorized use of the Software, or (iii) breach of this EULA or violation of Applicable Laws. You will reimburse CA for our reasonable solicitors fees, as well as our employees and contractors’ time and materials spent responding to any third party summons or other compulsory legal order or process associated with third party claims described in this section at our then-current hourly rates.
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Termination
Your right to use the Licenced Software and the CA system continues until this EULA is terminated. You may terminate this EULA at any time by destroying all of your copies of the Licenced Software and requesting removal from the CA database. This EULA will automatically terminate if You fail to comply with the material terms of this EULA. Upon any termination, you agree to remove all Licenced Software from your mobile device(s), computers, destroy all copies of the Licenced Software, and, upon request from CA, certify in writing your compliance herewith.
This Agreement relates to access to the COURIER ALLIANCE Mobile application for the period and users stated only. Additional users authorized onto the system subsequently at your request and if granted will be subject to the same Terms and Conditions and under this Agreement.
Contact: All questions concerning this EULA shall be directed to:
