End-user license agreement
This end-user licence agreement (EULA) is a legal agreement between you and The University of Manchester of Oxford Road, Manchester M13 9PL (Licensor, us or we) for the University of Manchester Library CheckOutmobile application software (App).
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by the Google Play Store (Appstore) or operator from whose site you downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.
You may access your account by using your University Central Authentication System (CAS) username and password. In accordance with our IT policies you agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
By using the App, you agree that:
- your CAS account and password are personal to you and may not be used by anyone else to use the App;
- you will not do anything which would assist anyone who is not a registered user to gain access to the App;
- you will allow us to use and post in any way we see fit information about your App usage; and
- you will notify us immediately if you become aware of any unauthorised use of your password or other account identifiers.
Grant and scope of licence
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to download, install and use the Application, on devices that you control, only for the purpose of not-for-profit research or teaching or personal educational development or personal entertainment, subject to these terms and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- 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;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; and
- not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the App or any part thereof, except to the extent permitted by law.
Acceptable use restrictions
- 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;
- 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);
- not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
Use of Our Content
You acknowledge and agree that, as between us and you, we are the sole owner of all content on the App, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the App (Our Content). The App and Our Content are protected by legislation, including copyright laws and other intellectual property laws of the United Kingdom and are protected globally by applicable international copyright treaties.
To the extent permitted by law, we do not accept any responsibility for any statement in Our Content. For the avoidance of doubt, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to Our Content or any part of it.
The App is being provided to you free of charge. We give no warranties of any kind concerning the App or Our Content. In particular, we do not warrant that the App or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Your use of the App is at your own risk. The App is provided "as is" and "as available," without warranty of any kind, either express or implied, including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness or usefulness of the content of the App; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injuries caused by the App, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion or defect in the content available on the App; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, device virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action.
Your only right or remedy with respect to any problems or dissatisfaction with the App is to immediately de-install and cease use of the App.
Although we will do our best to provide constant, uninterrupted access to the App, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
Limitation of liability
You acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort or otherwise, in no event will we or our affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, be liable to any party for: (i) any indirect, special, exemplary, punitive, incidental, consequential (including, but not limited to, damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data), or any other damages arising in any way out of the availability, use, reliance on or inability to use the App, even if we shall have been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in the App.
If any portion of this EULA is found to be unenforceable, the remaining portion will remain in full force and effect.
Changes to EULA and the App
Please note that we may change this EULA from time to time at our sole discretion and we reserve the right to do so without your consent. Any revised EULA will be applicable at the time of posting on the App. Please ensure that you review this EULA regularly as you will be deemed to have accepted a variation if you continue to use the App after it has been posted.
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 the latest version of the App.
Governing law & jurisdiction
This EULA is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Our failure to insist upon or enforce any provision of this EULA shall not be construed as a waiver of any of our rights.
This policy (together with our EULA) sets out the basis on which any personal data we collect from you, or that you provide to us in relation to the App, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using the App you are accepting and consenting to the practices described in this policy.
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.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is The University of Manchester of Oxford Road, Manchester M13 9PL.
We use information held about you in the following ways:
- information you give to us. We will use this information to:
- notify you about changes to our service; and
- ensure that content from the App is presented in the most effective manner for you and for your device.
- information we collect about you. We will use this information:
- to administer the App and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve the App to ensure that content is presented in the most effective manner for you and for your device;
- to allow you to participate in interactive features of our service, when you choose to do so; and
- as part of our efforts to keep the App safe and secure and
- make personalised recommendations to you for your future library use.
Disclosure of your information
We may share anonymised information with selected third parties.
We may publish anonymised information in the form of, by way of example, research papers, conference papers and abstracts.
Where we store your personal data
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Information we collect from you will be kept for a period of 6 years after your relationship with the University has ended. If you wish for your data to be deleted by the University before the end of this 6 year period please contact the digital library application development team’.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.