End User License Agreement (EULA)

Please read this End User License Agreement (“EULA”) before You purchase and subsequently download and use the OcuPlan website and app(s).

By signing up, purchasing and/or downloading and using the OcuPlan App, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase from and/or sign up to and use the OcuPlan App.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with OcuPlan.

Definitions

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

“Activate” turning the Trial version into the Full version of the same application with the License Key provided by OcuPlan;

“Contributor” You when You are assigned the role of contributor via the OcuPlan scanning tool OcuPlan Kiosk;

“Contributor version” the license to Use the OcuPlan App for the term that You qualify as a Contributor;

“Documentation” the detailed information about the OcuPlan App, its features and the system requirements as made available on the website of OcuPlan, as amended from time to time;*

“Full version” the license for the OcuPlan App for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the OcuPlan App;

“License Key” an unique code provided by OcuPlan, which enables You to activate the Trial version, Full version or Contributor version by entering the code into the OcuPlan App and to subsequently use the OcuPlan App during the applicable license term;

“Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;

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

“Use” the access, download, install, copy or get benefit from using the OcuPlan App in accordance with the documentation;

“You” you, the final and ultimate user of the OcuPlan App or the authorized representative of a company or other legal entity that will be the final and ultimate user of the OcuPlan App, and the company or other legal entity that will be the final and ultimate user of the OcuPlan App, if applicable.

General

This EULA applies to any licenses granted to You by OcuPlan for the use of the OcuPlan App.By purchasing from the OcuPlan App and/or downloading and using the OcuPlan App, You enter into this EULA with OcuPlan Limited.This EULA may be modified from time to time. OcuPlan will notify you of such modifications on its website or otherwise, e.g. by using the email address used for sign up. Any modifications to this EULA shall only apply upon acceptance by You.

License

OcuPlan grants You a non-exclusive, non-transferable, limited, revocable license to Use the OcuPlan App in accordance with this EULA. OcuPlan reserves all rights not expressly granted to You.OcuPlan is and remains the owner of any intellectual property rights with respect to the OcuPlan App. You shall not acquire any ownership to the OcuPlan App as result of Your purchase or Your Use of the OcuPlan App.

Permitted use and restrictions

In order to be able to install the OcuPlan App and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation that can be found on the webpage: https://docs.ocuplan.co.uk.

You may Use the OcuPlan App on one computer only, unless You have purchased (a) a volume license or (b) more than one Full version or Trial version. In the event You have purchased a volume license or more than one Full version or Trial version, the number of computers You may Use the OcuPlan App on shall not exceed the number of the Full version or Trial version purchased. If You exceed the limit, OcuPlan may block the License Key.

You shall Use the Full version, Trial version or Contributor version in accordance with applicable laws and shall not:

use the Trial version on any system where the Trial version was previously Used and expired; rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version, the Trial version or the Contributor version; assign the License Key, the Full version, the Trial version or the Contributor version without prior written approval of OcuPlan;

Use the Full version, Trial version or Contributor version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity; delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the OcuPlan App; 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 OcuPlan App and the License Key or any parts thereof, except to the extent permitted by applicable law.OcuPlan may modify the OcuPlan App 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.Certain components of the OcuPlan App are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions, which can be found via the webpage

Maintenance and support

OcuPlan will notify You of any available Updates and upgrades.

You will be entitled to receive Updates free of charge:

during a period of twelve (12) months upon purchasing the License Key for the Full version. In order to receive Updates after this twelve months’ period, You will need to renew your License Key for the Full version, or

during the period that You qualify as a Contributor.

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

You can download available Updates and upgrades from the website of OcuPlan.

Any maintenance and support provided by OcuPlan, 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.

Use of data

OcuPlan and its subsidiaries may periodically collect and use technical and related data concerning the OcuPlan App You have licensed, including about the version number of the OcuPlan App You have installed and about the system You have installed the OcuPlan App on. OcuPlan will use such data to facilitate maintenance and support with respect to the OcuPlan App, to improve its products and to provide further services or technologies to You.OcuPlan may process personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the OcuPlan App and to comply with its obligations under this EULA. To the extent OcuPlan 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 OcuPlan has collected and received through its website.

Disclaimer

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

The OcuPlan App and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and OcuPlan specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by OcuPlan, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

Liability limitation

The liability of OcuPlan and any third party that has been involved in the creation, production, or delivery of the OcuPlan App for all damages arising out of or in any way relating to the Full version, the Trial version, the Contributor version, the License Key, the OcuPlan App and/or this EULA shall in no event exceed the total amount of £659.88.

OcuPlan and any third party that has been involved in the creation, production, or delivery of the OcuPlan App are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the OcuPlan App).

The limitations of liability referred to in clause 9.1 and 9.2 shall not apply in the event that: (i) any negligence on the part of OcuPlan leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of OcuPlan or the management of OcuPlan.

Termination

This EULA will continue to be in force until the expiry or termination of the Full version, the Trial version or the Contributor version. The Full version or Trial version will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.

The Contributor version will terminate automatically when you are no longer a Contributor.

OcuPlan is entitled to terminate the Full version, the Trial version or the Contributor version by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License Key within the applicable payment term, in the event Your (subscription) fee for You as Contributor has been failed to pay within the applicable payment term, or in the event OcuPlan is required to do so by law or an order of an applicable court.

Upon termination of the Full version, the Trial version or the Contributor version, You shall cease all use of the OcuPlan App.

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.

Governing law and disputes

This EULA shall be governed by and construed in accordance with the laws of England, excluding its conflicts of law rules. Any dispute between OcuPlan and You shall exclusively be submitted to the competent court in England, United Kingdom.

eula