Sparrow Navigation
END USER LICENSE AGREEMENT
ATTENTION: THIS END USER LICENSE AGREEMENT SHOULD BE READ CAREFULLY
BEFORE INSTALLING THE Sparrow Navigation SOFTWARE.
By clicking "I accept" and installing the Sparrow Navigation software (“Software") from Sparrow Navigation (the “Company”). You acknowledge that you have read this License, understand it and agree to be bound by its terms and conditions. If you do not agree to be bound by the terms of this License, do not install the Software and immediately delete or dispose of the Software.
1. Licence
The Software and associated documentation is Licensed, not sold, to you by (‘we’ or "us’). We may, at our discretion, provide you with updated copies of the Software from time to time. All copies, modifications and enhancements of the Software are subject to the terms and conditions of this License.
2. Limited Warranty
We warrant that for a period of ninety (90) days from the date you purchased this License of the Software the medium upon which the Software is supplied to you will be free from defects in materials and workmanship under normal use. We do not warrant that the Software will be error free, that its use will be uninterrupted, that it will meet your requirements, that it will operate in combination with other programs of your choice or that it will provide any function not designated in the user instructions.
The Software should not be relied on as the sole basis to solve a problem whose incorrect solution could result in injury or loss (pecuniary or otherwise) to person or property. If you use the Software in such a manner it is at your own risk and to the extent permitted by law we explicitly disclaim all liability for such misuse.
It is not possible for the Software to take into account all variables which may effect water consumption and costs in all situations. Any data calculated by the Software should not be relied upon in isolation and should only be used as an estimate.
Where our liability may not be excluded our entire liability and your sole remedy for any breach by us of the foregoing limited warranty shall be, at our option, replacement of the medium upon which the Software was supplied to you, or repair or replacement of the Software. This limited warranty is the only warranty provided by us and to the extent permitted by law we expressly disclaim all other warranties, whether express or implied, including but not limited to implied warranties of merchantability, non-infringement and fitness for a particular purpose with respect to the Software and any associated documentation.
Some jurisdictions may not permit the exclusion or limitations of implied warranties. Accordingly, the above limitation may not apply to you.
3. Terms Implied by Law
Where any applicable law or regulation implies in this License any term, condition or warranty, and that law or regulation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of, or liability under, such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this License. However, where such liability may lawfully be excluded, our liability is excluded to the maximum extent permitted by law.
4. Limitation of Liability and Damages.
The Software is provided ‘as is' and we, our employees, contractors, agents and licensors, as the case may be, will in no event be liable to you for any consequential, incidental, indirect or special damages, damages for loss of business profits, business interruption, loss of data and the like, whether foreseeable or not, arising out of the use of or inability to use the Software or any associated documentation, regardless of whether we or any of our employees, contractors, agents or licensors may have been aware of the possibility of such loss or damage. You agree that our liability for any direct damages arising from any cause whatsoever, regardless of the form of action, will be limited to the repair of replacement of the Software.
This clause will not apply to any loss or claim where any applicable law or regulation prohibits such exclusion.
6. Use.
This Licence grants to you (whether an individual, company, association or other legal entity) a non-exclusive right to install and use the Software.
7. Copies.
One backup copy may be made where expressly permitted by law (unless copy protected). You must clearly reproduce on the backup or copy disk any copyright information shown on the original medium of the Software.
8. Your Obligations. You must:
not copy, reverse engineer, decompile, disassemble, reproduce, modify, adapt, translate, or create derivative works based on all or part of the Software or associated documentation other than as expressly permitted by this License (except to the extent that this restriction is prohibited by law);
except with our prior written consent, not rent, lease, transfer, grant or assign any rights in the Software or associated documentation in any form to any person or transmit the Software over a network or from one computer to another;
not remove any proprietary notices, labels or marks on or incorporated in the Software or associated documentation; ^ use the Software and associated documentation in a manner that complies with all — applicable laws in the jurisdiction in which you use them;
supervise and control the use of the Software and associated documentation in accordance with this License and ensure that your employees (if applicable) are made aware of the terms of this License;
not use our names or marks (whether registered or not) or those of our related companies or our licensors in publicity, advertising or otherwise without our prior written approval; and
treat all information concerning the Software and associated documentation as confidential and proprietary information (other than information that is publicly available at the time of disclosure) and not reproduce, use or disclose that information to any person (other than those of your employees who must have such information for the performance of their duties) unless expressly authorized in writing by us.
9. Termination.
We reserve the right to terminate this License immediately by notice in writing to you if you breach any term or condition of this License or if you become insolvent. On receiving notice of termination you must destroy all copies of the Software and associated documentation in your possession or under your control. The provisions of clauses 2, 3, 4, and 8(g) will survive the termination of this License.
10. Governing Law
This document is governed by and are to be construed in accordance with English Law.
All disputes controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settled under the arbitration rules of the London Court of International Arbitration by one or more arbitrators appointed in accordance with the said rules. The seat of Arbitration shall be London and proceedings shall be conducted in English.
If any provision of this License is held invalid, unenforceable or illegal for any reason, this License shall remain otherwise in full force apart from such provision which shall be deemed deleted. Any delay or failure by us in enforcing our rights under this License is not to be construed as a waiver of those rights.
11. Communications
The communications between you and the Company use electronic means, whether you visit the Services or send the Company e-mails, or whether the Company posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that the Company provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.
If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services (sparrownavigation@gmail.com). We will do our best to address your concerns.
12. General
You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
The Company’s obligations are subject to existing laws and legal process and the Company may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
This Agreement was last updated on 05 April 2021 ("Revision Date"). We may, at any time and without liability, modify or discontinue all or part of the Software; charge, modify or waive any fees or charges required to use / support the Software; or change the Terms and Conditions of Services for some or all of our users. If you were a user before the Revision Date, it replaces your existing agreement with the Company.