MOBILE APPLICATION END-USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE SOFTWARE
1. Your Acceptance
This is an end-user licence agreement (“Agreement”) between The University of the West Indies, St. Augustine Campus (“THE UWI"), the owner, licensor and operator of the mFisheries Application Suite and Web Services (the “mFisheries Software”) and you (the “end-user” “you” or “You”), an end-user of the mFisheries Software and services, developed through funding from International Development Research Centre (IDRC) and The Technical Centre for Agricultural and Rural Cooperation (CTA).
In consideration of you agreeing to abide by the terms and conditions of this Agreement, THE UWI grants to you a non-transferable, non-exclusive licence to use the mFisheries Software, subject to these said terms and conditions of use.
BY DOWNLOADING/INSTALLING AND USING THE MFISHERIES SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS OF ITS USE WHICH CAN BE FOUND AT http://www.cirp.org.tt/mfisheries/legal.
IF YOU CHOOSE TO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE MFISHERIES SOFTWARE.
THE UWI reserves the right to change the terms and conditions of use of the mFisheries Software at any time. You will be notified of any change to these terms and conditions of use when next you start the mFisheries Software or via email message or on website. Your use of the mFisheries Software, including resources shall constitute your agreement to be bounded by this Agreement and any changes.
2. mFisheries Software
The terms and conditions of use of the mFisheries Software as articulated under this Agreement, apply to all end-users of the mFisheries Software. Information provided to you through the mFisheries Software contains content from other third party providers. THE UWI assumes no responsibility for the content of any third party website. By using the mFisheries Software, you expressly acknowledge and agree that THE UWI shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party provider content.
Also, you acknowledge that using the mFisheries Software may incur charges from your mobile network operator as this application uses an Internet connection for data transmission, Short Message Service (SMS) text messaging and voice call services, where and when available. You acknowledge that the communication service from your mobile network provider is limited to a specific mobile coverage area and outside of this area, when this service is not available, some applications including mFisheries Alert, SOS and Maps within the mFisheries Software would have limited functionality or would not operate.
The mFisheries software consists of a mobile application suite that facilitates access to a range of information and communicates data gathered by the mobile device to servers. On the server, there exist web services that facilitate this communication between the mobile devices and the server. These web services and server-side on the server also interact with Application Programming Interfaces (APIs) from third-party providers to acquire, transmit and display information to the mobile devices and other web browser enabled devices, including desktop and laptop personal computers. More information on the mFisheries Software can be seen at http://www.cirp.org.tt/mfisheries.
3. Data used by mFisheries Software
A. Geographical Visualization Data: Maps and Charts
The graphical display data used to produce a geographic illustration is gathered from a variety of open source Application Programming Interfaces (APIs) and is provided without any guarantee, conditions and warranties as to its accuracy. Information presented can be out of date and is dependent on how often this data is updated from the third-party providers. Data presented are for informational use and should not be used for navigation.
B. Location-based Data: Global Positioning System (GPS), Bearing and Speed
The graphical and textual display data used to produce output of approximate location, bearing and speed is gathered from an open source Application Programming Interface (API) and internal hardware of the mobile device and are provided without any guarantee, conditions and warranties as to its accuracy. Data presented are for informational use and should not be used for navigation.
C. Weather-related Data
The weather data is gathered from a variety of open source Application Programming Interfaces (APIs) and are provided without any guarantee, conditions and warranties as to its accuracy. Information presented can be out of date and is dependent on how often you access the weather application and the availability of data or Internet access.
D. Tutorial Information
The content owned and provided, by the Caribbean Fisheries Training and Development Institute (CFTDI) and Distance Learning Secretariat (DLS) in the Ministry of Science, Technology and Tertiary Education (MoSTTE), in text, image, audio and video formats are used, with their expressed permission, in user guides or tutorials on best practices. This content is provided without any guarantee, conditions and warranties as to its accuracy. The content presented can be specific to a geographical region and the general practices of the people of a geographical region. The content presented is for informational use and should be used in close coordination with person-to-person sessions on similar topics.
E. Alert, SOS and Tracking Data
The mFisheries Alert and SOS applications are configured to operate only in Barbados, Grenada, and Trinidad and Tobago and to users that have registered providing all the information required. When outside of the Barbados, Grenada, Trinidad and Tobago jurisdictional geographical area, these applications would not communicate data to any agency responsible for Search and Rescue. The data gather from mFisheries Alert and SOS activation, when inside of Barbados, Grenada, Trinidad and Tobago jurisdictional geographical area, are provided to the intended recipient for monitoring and response. In these scenarios, the data gathered related to tracked movement of the individual will be provided to the intended recipient. This information is provided without any guarantee, conditions and warranties as to its accuracy.
4. mFisheries Access
A. Non-manipulative and Non-distributive mFisheries Software Access
Subject to your compliance with this Agreement , THE UWI hereby grants you permission to use the mFisheries Software, provided that: (i) your use of the mFisheries Software as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the mFisheries Software, or in any other manner inconsistent with this Agreement; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the mFisheries Software in any medium without THE UWI's prior written authorisation; (iii) you will not attempt to reverse engineer, alter or modify any part of the mFisheries Software; and (iv) you will otherwise comply with the terms and conditions of this Agreement.
B. Personal Information Access
In order to access and use some features of the mFisheries Software, you acknowledge and agree that you will have to provide THE UWI with your name, age, email address, phone number, address, occupation, national identification number / driver’s permit number / passport number, sea vessel information, emergency contact information and location coordinates. When providing the information stated above, you must provide accurate and complete information. You hereby give your express consent to THE UWI to access this information in order to provide to you the mFisheries Software. You expressly acknowledge and agree that in order to provide the mFisheries Software, THE UWI may periodically access your logged data related to the mFisheries application on your mobile device for analysis of performance and analysis to generate improved and new features. You must notify THE UWI immediately of any breach of security or unauthorised use of your mobile phone. Although THE UWI will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of THE UWI data or others due to such unauthorized use.
C. Non-disruptive mFisheries Software Access
You agree not to use or launch any automated system that accesses the mFisheries Software in a manner that sends more request messages to THE UWI servers in a given period of time than a human can reasonably produce in the same period by using an mFisheries application. You agree not to collect or harvest any personally identifiable information, including name, phone number, sea vessel information and emergency contact information, from the mFisheries Software, nor to use the communication systems provided by the mFisheries Software for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the mFisheries Software.
Furthermore, you agree:
i. not use the mFisheries Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the mFisheries Software;
ii. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the mFisheries Software;
iii. not use the mFisheries Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5. Intellectual Property Rights
Information furnished through the mFisheries Software to you is intended for your sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with THE UWI or its third party providers. All information, data, images, and other things comprising the mFisheries Software are to be considered copyrighted by THE UWI, its third party providers or the content originator, as the case may be, and they remain the sole and exclusive property of such organisations or persons. You are authorized to use such only in the manner and for the purposes stated herein and to store such information.
6. Termination of Service
THE UWI may at any time, terminate the provision of the mFisheries Software in its entirety or any part thereof, temporarily or permanently if:
i. you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
ii. in The UWI’s sole discretion it decides to no longer provide any service(s) associated with the mFisheries Software.
On termination, all rights granted to you under this Agreement shall cease. Furthermore, you must immediately cease all activities authorised by this Agreement. Additionally, you must immediately delete or remove the mFisheries Software from all devices, and immediately destroy all copies of the mFisheries Software then in your possession, custody or control and where necessary certify to The UWI that you have done so;
THE UWI makes no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, graphics and data depicts. THE UWI shall have no responsibility or liability whatsoever to you or any other person or entity, parties and non-parties alike, for any inconsistency, inaccuracy or omission for weather or events predicted or depicted, reported, occurring or occurred. THE UWI shall have the right to continue to use current or change to other third party content providers and their sources from time to time. Web-based and mobile/wireless services are dependent upon open communications networks provided by third parties, and THE UWI is not responsible for lack of services due to communications network outages.
YOU ARE ADVISED AND INFORMED THAT AUTHORISED NATIONAL GOVERNMENT AGENCIES ISSUE OFFICIAL WATCHES, WARNINGS, AND ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. YOU SHOULD KEEP ADVISED OF SAME. YOU AND THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
8. No Warranties/Limit of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MFISHERIES SOFTWARE, ERRORS ON THE MFISHERIES SOFTWARE, AND THE INTERNET GENERALLY. THIS MFISHERIES SOFTWARE ARE PROVIDED BY THE UWI ON AN "AS IS" BASIS. THE UWI AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MFISHERIES SOFTWARE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED IN IT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE UWI AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE MFISHERIES SOFTWARE MADE AVAILABLE AT YOUR OWN DISCRETION AND RISK AND THAT WE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS. THE UWI AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS MFISHERIES SOFTWARE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MFISHERIES SOFTWARE, ANY DELAYS ON THE MFISHERIES SOFTWARE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE MFISHERIES SOFTWARE, OR THE INABILITY TO USE THE MFISHERIES SOFTWARE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE UWI OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, THE UWI MAKES NO REPRESENTATIONS THAT THE MFISHERIES SOFTWARE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE OF BARBADOS, GRENADA, AND TRINIDAD AND TOBAGO. THOSE WHO ACCESS OR USE THE MFISHERIES SOFTWARE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You hereby agree that you will well and truly indemnify and save harmless THE UWI and its third party providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which THE UWI or its third party providers may sustain by reason of your use of the mFisheries Software, your breach of any of the terms, covenants or conditions of this Agreement, or other claims against THE UWI arising from these terms and conditions of use of the mFisheries Software.
10. Other Important Terms
A. THE UWI may transfer its rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.
B. You may only transfer your rights or obligations under this Agreement to another person if The UWI agrees to such transfer in writing.
C. If THE UWI fails to insist that you perform any of your obligations under this Agreement, or if THE UWI does not enforce its rights against you, or if THE UWI delays in doing so, that will not mean that THE UWI has waived its rights against you and will not mean that you do not have to comply with those obligations. If THE UWI does waive a default by you, it will only do so in writing, and that will not mean that THE UWI will automatically waive any later default by you.
Last Updated 4th November 2015