SINGLE USER LICENCE FOR DONEGAL APP – BETA
1. This Licence is made between the person who downloaded the relevant guide (“Licensee”) and John Ward t/a Racontour Productions, Grace Cottage, Cloughbawn, Clonroche, Enniscorthy, County Wexford, Y21N6Y3, Ireland. (“Licensor”).
2. The Licensee must accept this Single User Licence (“Licence”) prior to downloading the relevant guide. Where applicable, refunds shall not be given for failure to do so at the time as sufficiently clear notice was given. By downloading the guide, the Licensee is agreeing to be bound by the terms set out below.
3. The Licensee expressly acknowledges and agrees that it is forbidden to interact with a GPS device whilst moving a vehicle, be it cycling or driving, whether it be himself or someone whom he has permitted to drive whilst using the Software on a GPS device and shall desist from doing so until safely parked. The Licensee agrees that any failure to do so shall be entirely at his own risk & expense and he alone shall be wholly liable for any and all consequences thereof to him &/or the permitted driver and any other relevant third parties.
4. The Licensor shall check to see if the intended GPS device is (1) compatible with a Donegal App guide, and/or (2) MP3-enabled to play any audio files prior to download. Where applicable, no refund shall be made for failure to do so. On any Donegal App guide, the driver shall expect to hear alerts (& if an MP3-enabled device, audio material as well) when the proximity of a point of interest is reached on such a guide. Prudent driving and full attention should be observed at all times on any Donegal App guide. On a walking guide, the user is expected to use their own judgement on the safety of a walk’s terrain on that day. Under no circumstances shall the Licensor be liable in the event of injury incurred on such a walk.
5. All Donegal App software and content, including, but not limited to any associated files, text, images and audio (“Software”), is owned by Licensor (or has been licensed by licensor) and is protected by the Copyright and Related Rights Act, 2000 and associated international copyright legislation.
6. The Single User Licence grants Licensee the non-exclusive and non-transferable right to install and use the Software on to a single portable device. Donegal App is a service that is downloaded and made available offline, without streaming to the end user. For whatever reason your service provider charges any extra fee for the service, under no circumstances shall the Licensor be liable for any bills incurred for that ad hoc event.
7. The Licensee acknowledges and agrees that the Software provided is in BETA format allowing the Software to undergo usability testing with users where feedback is welcomed, so that any malfunctions these users find in the Software can be reported to Licensor and fixed. The Licensee notes that BETA software can be unstable and could cause data crashes or data loss.
8. The Licensee shall not reverse engineer, alter, decompile, disassemble, or translate the Software, or otherwise attempt to derive the source code of the Software.
9. The Licensee shall not have the right to make any additional copies or to permit, authorise, sell, sublicense, redistribute, lend or otherwise exploit the Software or any portion whether for commercial purposes or otherwise.
10. The Software is licensed to the Licensee on an “AS IS” basis by the respective providers. The Licensor shall not be liable for any discontinuance, extra service provider charges, failure to work properly or bugs of that Software by its ultimate owner.
11. Error and omissions accepted. Whilst every effort has been made to ensure the precision of the information provided is satisfactory, the Licensor does not warrant that every point of interest is 100% accurate.
12. Except as expressly provided herein, the Licensor makes no other warranties, either express or implied, regarding the Software, including but not limited to its merchantability or its fitness for any particular purpose.
13. To the maximum extent permitted by Irish legislation, the Licensor excludes any liability for any damages, including but not limited to any loss of revenue, profit, or data, however caused, directly or indirectly, by the Software or by this Licence.
14. The Licensor warrants it has the right and authority to license the Software to the Licensee in accordance with the terms herein. The Licensor has full power and authority to grant the Licensee the rights granted herein and furthermore warrants that the performance of the terms herein and of its duties to the Licensee hereunder shall not breach any separate agreement by which it is bound.
15. Failure by the Licensee to comply with any term of this Licence shall result in its immediate termination without refund & consequently, the Licensee shall have no further rights to use the Software howsoever.
16. This Licence forms the entire agreement between the Licensee and Licensor and shall be subject to the exclusive jurisdiction of the Republic of Ireland.