This End User License Agreement (or “EULA”) is a legal agreement between
The person, company or organisation (Hereinafter referred to as “You”) that has licensed a software product (“Product”)
Whistleblowing Without Fear Application Owners
(Hereinafter referred to as “Licensor” or “Application Provider”).
Whereby it is agreed between the parties as follows:
The Product is to be obtained only through Apple’s software distribution platform (“App Store”) and through Google’s software distribution platform (“Google Play Store”). The “App Store” and “Google Play Store” are referred to in this license as “Services”.
By installing and/or using any Product provided by the Licensor, You are confirming your acceptance of this agreement and you are agreeing to become bound by the terms of this agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Product.
You agree that the Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Free Application.
The Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
The license granted to You for the Free Application by Application Provider is limited to a non-transferable license to use the Free Application on any Devices that You own or control and as permitted by the Usage Rules. This license does not allow You to use the Free Application on any Devices that You do not own or control, and You may not distribute or make the Free Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Free Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Free Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Free Application).
Any attempt to perform the aforesaid actions is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and a claim for damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
By using the Product, you represent and warrant that:
(a) you are 18 years of age or older and you agree to be bound by this Agreement;
(b) if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian;
(c) your use of the Product does not violate any applicable law or regulation.
Your access to the Product may be terminated without warning if the Application Provider believes, in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Product, you agree to be bound by this Agreement in respect to your child's use of the Product.
Content may be submitted to the Application Provider, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content.
Objectionable Content includes, but is not limited to:
The license is effective until terminated by You or by the Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Free Application, and destroy all copies, full or partial, of the Free Application.
You expressly acknowledge and agree that use of the free application is at your sole risk. To the maximum extent permitted by applicable law, the free application and any services performed or provided by the free application (“services”) are provided “as is” and “as available,” with all faults and without warranty of any kind, and the Application Provider hereby disclaims all warranties and conditions with respect to the free application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
The Application Provider does not warrant against interference with your enjoyment of the free application, that the functions contained in, or services performed or provided by, the free application will meet your requirements or satisfaction, that the operation of the free application or services will be uninterrupted or error-free, or that effects in the free application or services will be corrected. No oral or written information or advice given by the Application Provider or its authorised representative shall create a warranty.
The Application Provider does provide minimal maintenance or support for the application to the extent solely within the discretion of the App Owners.
The Application Provider, not the Services, is responsible for addressing any claims by you relating to the Product or use of it, including, but not limited to:
(i) any product liability claim;
(ii) any claim that the Product fails to conform to any applicable legal or regulatory requirement;
(iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
The Application Provider shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Product.