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This end-user licence agreement (EULA) is a legal agreement between you (you) and MAG Airport Limited of 6th Floor, Olympic House, Manchester, M90 1QX (us or we) for our App(s), being the East Midlands Airport app, the data supplied with our App, and the associated media (each individually and collectively our App).
We license use of our App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore) you downloaded our App (Appstore Rules). We do not sell our App to you. We remain the owners of our App at all times.
If you do not agree to the terms of this licence, we will not license our App to you and you must stop the downloading process now or if you have already downloaded our App remove it from your Device.
The terms of this EULA apply to our App or any of the services accessible through our App (Services), including any updates or supplements to our App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in our App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
We may change these terms at any time by notifying you of a change when you next start our App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
From time to time updates to our App may be issued through our Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of our App and accepted any new terms.
Our App is made available free of charge. We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our App is unavailable at any time or for any period.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you (Devices) to download a copy of our App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of our App or any Service on or in relation to any Device, whether or not it is owned by you.
By using our App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using our App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using our App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
The “findmycar” feature of our App, will make use of location data from your Device. You can turn off this functionality at any time by turning off the location services settings for our App on the Device. In the current version of our App this information is stored locally on your Device and is not shared with us or any third party.
Our App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
Information on our App
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
While we do our utmost to ensure that the information contained on our App is correct and up to date, you should not rely on this information.
No warranty whether express or implied as to completeness, accuracy, fitness for purpose, satisfactory quality or infringement of intellectual property rights referred to in the information contained on our App is given by Manchester Airport Plc or its subsidiaries or by any other organisation whose details or information appear to be here.
If you see anything on our App which you believe is untrue, incorrect or out of date, please contact the Marketing Department and let us know, as we welcome feedback on our services and would like to hear from you.
By accessing our App you agree that you will not hold Manchester Airport Plc, its subsidiaries and other organisations whose details or information appears here liable for direct, indirect or consequential loss arising from the use or misuse of the information which appears on our App.
Your licence to use our App
You may download a copy of our App to view, use and display our App on the Devices for your personal purposes only.
Restrictions on your use of our App
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy our App except where such copying is incidental to normal use of our App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify our App;
(c) not to make alterations to, or modifications of, the whole or any part of our App, or permit our App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of our App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of our App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of our App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to our App;
(e) to keep all copies of our App secure and to maintain accurate and up-to-date records of the number and locations of all copies of our App;
(f) to include our copyright notice on all entire and partial copies you make of our App on any medium;
(g) not to provide or otherwise make available our App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by our App or any Service (Technology),
together the “Licence Restrictions”.
(a) not use our App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into our App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of our App or any Service (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our App or any Service;
(d) not use our App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
together the “Acceptable Use Restrictions”.
Intellectual Property Rights
You acknowledge that all intellectual property rights in our App, and the Technology anywhere in the world belong to us or our licensors, that rights in our App are licensed (not sold) to you, and that you have no rights in, or to, our App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to our App in source-code form.
Limitation of Liability
You acknowledge that our App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of our App as described meet your requirements.
We only supply our App for domestic and private use. You agree not to use our App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in this EULA shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; and (c) any other liability that cannot be excluded or limited by English law.
We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
8.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) you must immediately delete or remove our App from all Devices, and immediately destroy all copies of our App then in your possession, custody or control and certify to us that you have done so.
Communication between us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us via the feedback area of our App. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your request for our App.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Other Important Terms
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.