End User License Agreement
This End User License Agreement is for obtaining a license to use Phenium Mobile Application. Please read this document carefully in its entirety, as the End User License Agreement ( "EULA" ) is a legal agreement between you (either an individual or a single entity) and Phenium Inc. It is important you read it, as it affects your rights and responsibilities. By downloading, installing, or using Phenium Mobile Application for Android, iOS or other mobile platform ("Mobile Application"), becoming a Member, and/or by selecting the "Sign Up","Agree", “Next” or “Enter” button (or similar language of assent) in connection with this EULA, you agree to be bound by the terms of the EULA.
Subject to the terms of this EULA, Phenium hereby grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, non-resellable license and right to use the Phenium Mobile Application for the sole purpose of accessing Phenium Services on devices you own or control.
Except as expressly specified in this EULA, you may not:
- (a) copy or modify the Mobile Application;
- (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Mobile Application to any third party; or
- (c) use the Mobile Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Mobile Application, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Phenium and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Mobile Application provided in object code or any other Phenium products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
Updates. From time to time, Phenium will update the service. If you receive a notification within the Mobile Application, or via the Apple App Store or Google Play Store, that an update is ready for you to download, you must download it before continuing to use the Mobile Application. Using the Mobile Application without updating it to the latest version may cause certain features not to function correctly - you do so at your own risk.
Data charges. Third party usage charges are not included in the member Account service. Phenium is not responsible for any mobile data charges you incur while using the Mobile Application.
GPS location and time stamping. When you click "Submit" (or similar language of assent) on any form within the Mobile Application, the Mobile Application will record your location at that time using your mobile device's GPS function. The time will also be recorded. You can disable the GPS functionality by going to your mobile device's Settings.
Offline use. If you attempt to submit data when your mobile device does not have internet access, the data will not be submitted until the next time you open the Mobile Application on your mobile device when your device has internet access.
Lawful use. You agree to comply with all applicable laws, rules and regulations when using the Mobile Application. You will not use the Mobile Application to infringe anyone's rights, including, without limitation, any intellectual property rights of any person or entity. You will not use the Mobile Application in any way that may be deemed offensive, indecent or objectionable.
The Mobile Application is licensed, not sold to you. You acknowledge and agree that any and all intellectual property rights (the "IP Rights") in the Mobile Application are and shall remain the exclusive property of Phenium. Nothing in this EULA intends to or shall transfer or vest any IP Rights in you. You are only entitled to the limited use of the rights granted to you in this EULA. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this EULA, as well as a violation of applicable intellectual property laws.
You acknowledge and understand that all title and rights in and to any third party content, which is contained or accessed through Phenium Services, is the property of the respective content owners and may be protected by applicable patent, copyright, or other intellectual property laws and treaties. You agree that such third parties may enforce their rights against you directly in their own name.
In the course of using the Mobile Application, you may provide Phenium with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Mobile Application or other Phenium services (collectively "Feedback"). You hereby grant Phenium a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
From time to time, Phenium may revise the EULA. To help you stay current of any changes, Phenium notes the date the EULA was last updated below. Your use of the Mobile Application following the posting of any revised EULA shall be deemed acceptance of the revised policy. Phenium strongly recommends checking EULA periodically. If, and only if, Phenium makes revisions to the EULA that result in a material lessening of the restrictions on Mobile Application's use or disclosure of your Personal Information, Phenium will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with the provisions of the EULA at any time, your sole remedy is to terminate your use of the Mobile Application. Continued use of the Mobile Application constitutes your agreement to the Terms of Service as in effect.
In addition to the limitations of Phenium's liability expressly contained in this EULA, you assume all the responsibility and risk for your use of the Mobile Application and the results and performance thereof, and your use of any data collection forms created or developed (in whole or in part) by parties other than Phenium. THE MOBILE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. Phenium DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Phenium OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS EULA. Phenium DOES NOT REPRESENT OR WARRANT THAT:
- (I) THE Phenium APP OR ANY THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED;
- (II) THE OPERATION OF THE MOBILE APPLICATION OR ANY THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED; OR
- (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE MOBILE APPLICATION, ANY THIRD PARTY SOFTWARE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE MOBILE APPLICATION MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS. THE PHENIUM GROUP (DEFINED BELOW) AND PHENIUM'S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. PHENIUM MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE MOBILE APPLICATION OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE MOBILE APPLICATION OR THE THIRD PARTY SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE MOBILE APPLICATION IS TO UNINSTALL AND CEASE USE OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.