End User Licence Agreement

EDINA is no longer maintaining or supporting the Fieldtrip GB app, which has now been withdrawn from the App Store and Google Play. To develop your own data collection app, please refer to Fieldtrip Open:

http://fieldtrip.edina.ac.uk/


PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.

This end-user licence agreement (“the EULA”) is a legal agreement between you (“the End-user” or “you”) and the University of Edinburgh, acting through EDINA, the national data centre based at Causewayside House, 160 Causewayside, Edinburgh, EH9 1PR, UK.  The University of Edinburgh is a charitable body registered in Scotland with registration number SC005336, having its principal office at Old College, South Bridge, Edinburgh, EH8 9YL (“the Licensor”, “us” or “we”).  This EULA is for:

  • The [Fieldtrip GB] mobile application software and the data supplied with the software (“the App”).

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any “App Store” provider or operator from whose site, located at [https://itunes.apple.com] and/or [https://play.google.com/store] (“the App Store”), the End-user downloaded the App (“the App Store Rules”). We do not sell the App to you. We remain the owners of the App at all times.

Operating system requirements:

This App requires a smartphone or tablet device with a minimum of 8 GB of memory, Internet access and either the iOS or Android operating system. For a list of devices and platforms that we have tested see the following web page http://fieldtripgb.blogs.edina.ac.uk/supported-devices/. We cannot claim that the App will work as expected on devices we have not tested and there may be some minor differences in usability between supported platforms.

Important notice:

  • By downloading the App from this website or clicking on the “Accept” button below you agree to the terms of the licence which will bind you.
  • If you do not agree to the terms of this licence, we will not license the App to you [and you must stop the downloading process now by clicking on the “Cancel” button below]. [In this case the downloading process will terminate].
  • As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App.  However, you will lose the right to cancel the transaction once you begin to download the App.
  • This does not affect your consumer rights for an app that is defective.

You should print a copy of this EULA for future reference.

Agreed terms

  1. Acknowledgements

    1. The terms of this EULA apply to the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this EULA.
    2. We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the 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 App.
    3. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App and accepted any new terms.
    4. 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 and described in condition 2.2(a) (“the Devices”) and to download or stream a copy of the 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 the App on or in relation to any Device, whether or not it is owned by you.
    5. The terms of our privacy policy from time to time, available at http://edina.ac.uk/privacyandcookies.html(“the Privacy Policy”) are incorporated into this EULA by reference and apply to your use of the App. In addition, you acknowledge that we may process your device ID to help us track user behaviour for the purposes of improving the App. Also, by using the App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    6. By using the App, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals to improve our products and to provide any Services to you.
    7. The App may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use this function, you consent to us and our licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on the device. Some parts of the App may not work if the device location settings are disabled.
    8. The App 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.
    9. 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.
  2. Grant and scope of licence

    1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
    2. You may download or stream a copy of the App onto any number of smartphone, tablet or similar devices which you own for personal use and to view, use and display the App on the Devices for your personal purposes only. The App Store may impose additional restrictions on the number of devices that can download the App.
  3. Licence restrictions

    Except as expressly set out in this EULA or as permitted by any local law, you agree:

    1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
    2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
    3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs
  • not to disassemble, de-compile, reverse-engineer or create derivative works based on the whole or any part of the 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 the App with another software program, and provided that the information obtained by you during such activities:
    1. is used only for the purpose of achieving inter-operability of the App with another software program;
    2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
    3. is not used to create any software that is substantially similar to the App;
  • to keep all copies of the App secure;
  • to include our copyright notice on all entire and partial copies you make of the App on any medium;
  • not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
  • to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App,together (“the Licence Restrictions”).
  • Acceptable use restrictions

    1. You must:

      1. not use the App 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 the App or any operating system
      2. not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by this EULA);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
      4. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      5. not collect or harvest any information or data from the App or our systems.
      6. acknowledge that we may impose or adjust the limit on the amount of data that you access through the App[A1] .  We[A2]  may fix such upper limits at any time, at our discretion.
  • Intellectual property rights

    1. You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use each of them in accordance with the terms of this EULA.
    2. You acknowledge that the App uses OS OpenDataTM sourced from Ordnance Survey.  Such data is © Crown copyright and database right and is licensed by us, from Ordnance Survey, on the terms of the following licence:
      https://www.ordnancesurvey.co.uk/oswebsite/docs/licences/os-opendata-licence.pdf
    3. You acknowledge that the App uses data from OpenStreetMap (http://www.openstreetmap.org/) © OpenStreetMap contributors.  Such data is available under the Open Database License http://opendatacommons.org/licenses/odbl/.
    4. You acknowledge that the App uses data from Natural England (http://www.naturalengland.org.uk/).  Such data is available under the NE Open Government License http://www.naturalengland.org.uk/Images/open-government-licence-NE-OS_tcm6-30743.pdf.
    5. You acknowledge that you have no right to have access to the App in source-code form.
  • Limitation of liability

    1. You acknowledge that the 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 the App meet your requirements.  You should be particularly aware of the fact that calculation errors may occur when using the App, for instance caused by local environmental conditions and/or incomplete data.
    2. You acknowledge that the maps accessed through the App may contain cartographic errors and be incomplete or otherwise have inaccuracies or misleading information.  The App should not be used for the purposes of navigation or way finding.  Marking of paths and roads on these maps do not imply any right of way or access to private property.
    3. We have developed the App primarily for domestic and private use. You agree not to use the App for resale purposes.  If you choose to use the App for any commercial or business purposes, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a refund of the amount paid for the App. This does not apply to the types of loss set out in condition 6.4.
    5. Nothing in this EULA shall limit or exclude our liability for:
      1. death or personal injury resulting from our negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any other liability that cannot be excluded or limited by Scottish law.
  • Termination

    1. We may terminate this EULA immediately by written notice to you:
      1. 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
      2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
    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; and
      • (c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
  • Communication between us

    1. 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 by e-mail [edina@ed.ac.uk] or by prepaid post to:
      EDINA, University of Edinburgh
      160 Causewayside
      Edinburgh
      EH9 1PR

      We will confirm receipt of this by contacting you in writing, normally by e-mail.
  • Events outside our control

    1. 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.
    2. If such 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; 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.
  • Other important terms

    1. 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.
    2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
    3. 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.
    4. 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.
    5. Please note that this EULA, its subject matter and its formation, are governed by Scottish law. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction.