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End-User License Agreement

This End-User License Agreement (the “Agreement”) is a legal agreement between the user (“You”) and Beep Training Ltd (“Beep Training”) for the use of the app and associated website (collectively, the “Software”). By downloading, installing, or using the Software; you are acknowledging and agreeing that you have read and understand this Agreement, that you agree to be bound by the terms of this Agreement currently in effect and as updated by Beep Training from time to time.  If you do not agree to be bound by these terms and conditions, do not download, install, or use the Software.

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Definitions

 

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

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  • “Effective Date” the date upon which the User gives the User's express consent to this EULA, following the issue of this EULA by the Licensor;

  • “License” the license for the Software for the term specified on the webpage of the store where You purchase the license to Use the Software;

  • “Licensor” Beep Training Ltd, a company incorporated in England and Wales;

  • “Software” the software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Beep Training, including any Updates.  This includes the associated website at beeptraining.app which contains supporting information regarding the use of the application;

  • “Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);

  • “Use” the access, download, install, copy or get benefit from using the Software;

  • “You” you, the final and ultimate user of the Software.

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General

 

  1. This EULA applies to any licenses granted to You by Beep Training for the use of the Software 

  2. By downloading and using the Software, You enter into this EULA with Beep Training.

  3. This EULA may be modified from time to time. Beep Training will notify you of such modifications on its website or otherwise.  Any modifications to this EULA shall only apply upon acceptance by You.

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Term

 

  1. This EULA shall come into force upon the Effective Date.

  2. This EULA shall continue in force indefinitely, subject to any termination in accordance with any provision of this EULA.

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License

 

  1. Beep Training grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to Use the Software in accordance with this EULA.  Beep Training reserves all rights not expressly granted to You.

  2. Beep Training is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your download, installation or Use of the Software.
     

Permitted Use and Restrictions

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  1. In order to be able to install the Software and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements.

  2. You shall Use the Software in accordance with applicable laws and shall not:

    1. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the Software;

    2. Use the Software for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;

    3. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software or any parts thereof, except to the extent permitted by applicable law.

  3. Beep Training may modify the Software at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

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Maintenance and Support

 

  1. Beep Training will notify You of any available Updates and upgrades.

  2. You will be entitled to receive Updates free of charge.

  3. You may need to pay an additional fee in order to be able to download an upgrade.

  4. You can download available Updates and upgrades from Google Play.

  5. Any maintenance and support provided by Beep Training, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

  6. The terms of this EULA will govern any Updates.

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Use of Data

 

  1. Beep Training and its subsidiaries may periodically collect and use technical and related data concerning the Software You have licensed, including about the version number of the Software You have installed and about the system You have installed the Software on. Beep Training will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to You.

  2. Beep Training may process personal data with respect to You, if and to the extent necessary to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent Beep Training will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that Beep Training has collected and received through its Software.

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Disclaimer

 

  1. You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.

  2. The Software is provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Beep Training specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Beep Training shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

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Liability Limitation

 

  1. The liability of Beep Training and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the Software and/or this EULA shall in no event exceed the total amount(s) paid by You to Beep Training in the preceding 12 (twelve) months.

  2. Beep Training and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including personal injury and death) arising out of the use of the Software.

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Termination

 

  1. This EULA will continue to be in force until the expiry or termination of the License.

  2. Beep Training is entitled to terminate the Software License during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA or in the event Beep Training is required to do so by law or an order of an applicable court.

  3. Upon termination of the License, You shall cease all use of the Software.

  4. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

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Governing Law and Disputes

 

  1. This EULA shall be governed by and construed in accordance with the laws of the United Kingdom, excluding its conflicts of law rules.

  2. Any dispute between Beep Training and You shall exclusively be submitted to the competent court in United Kingdom.

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