MATS Community – AppShare End User Licence Agreement
These are the terms of licence that apply to this application (and any update/upgrade to it) that we make available for download from our website https://community.matssoft.com, the Matssoft Community and AppShare.
Use of your personal information submitted to or via the AppShare content is governed by our Privacy and Cookies Policy https://community.matssoft.com/legal/terms-and-conditions.
The MatsSoft Community and AppShare is provided by or on behalf of MatsSoft Limited (MATS, we, us and our). Our registered company number is 03662618, and our registered office is at 1st Floor, Building 2 People Building Estate, Maylands Avenue, Hemel Hempstead, Hertfordshire, England HP2 4NW.
BY DOWNLOADING, ACCESSING AND/OR USING ANY APPSHARE CONTENT, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO DOWNLOAD AND USE THE APPSHARE CONTENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU HAVE NOT BEEN GRANTED THE RIGHT FROM YOUR ORGANISATION TO DOWNLOAD AND ACCESS THE APPSHARE CONTENT), YOU ARE NOT PERMITTED TO ACCESS OR USE THE APPSHARE CONTENT, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.
In these terms, unless the context otherwise requires, all further references to you (and your, etc.) means both you as an individual user and also the organisation on whose behalf you are acting (if any).
We reserve the right to change these terms from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App. These terms were last updated on 23rd January 2019.
Access to AppShare Content
You must be 18 or over to accept these terms and download the App.
The AppShare content may only be downloaded, accessed and used on equipment (computer, laptop, netbook, tablet or other mobile device) owned or controlled by you and running the relevant operating system for which the AppShare content was designed, so you must make sure you have compatible equipment which meets all the necessary technical specifications to enable you to download the AppShare content you wish to download and to access and use the downloaded content.
You will be assumed to have obtained permission from the owner of any equipment that is controlled, but not owned, by you to download the AppShare content to that equipment. You accept responsibility, in accordance with these terms, for all access to, and use of, the AppShare content by you on any equipment, whether or not it is owned by you.
We may, from time to time, restrict download of the AppShare content from the Site or access to certain features, functions or content of, the downloaded AppShare content to users whose employers have agreed that they may access the Site and download the App, and those users who have registered with us and joined the MATS Community. You are obliged to register with us and join the MATS Community to download the AppShare content from the Site. You must ensure that any registration details you provide are accurate.
If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the Community, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or if any details you provide for the purposes of registering as a user of the MATS Community prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the AppShare content or that the AppShare content will respond at a certain speed (since this depends on a number of factors outside our control).
What you are allowed to do
In return for your agreeing to comply with these terms, you may:
- Download and use the AppShare content for the internal business purposes of your organisation;
- Retrieve and display content from the AppShare content on a computer or mobile device;
- Receive and use any free supplementary software code or update of the AppShare content incorporating “patches” and corrections of errors as we may provide to you; and
- Develop, enhance, translate, merge, combine, adapt, vary, alter, modify or share, the whole or part of the AppShare content in order to create new applications or content, provided that such content will only be:
- Shared with other MATS Community members; and
- Available for download and use within the AppShare platform.
You must only use Appshare content:
- If you are a MATS Community member;
- In accordance with your existing MATS platform terms and any applicable terms of any relevant third party service provider for the equipment to which you download, or on which you access or use, the content;
- For lawful purposes (complying with all applicable laws and regulations); and
- In a responsible manner
What you are not allowed to do
Except to the extent expressly set out in these terms, you are not allowed to:
- Except in the course of permitted sharing (see What you are allowed to do), not rent, lease, sub-license, loan, provide, republish, redistribute, re-transmit or otherwise make available, the AppShare content in any form, in whole or in part to any person without prior written consent from us;
- Copy or store the AppShare content other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser;
- Store the AppShare content on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the AppShare;
- Attempt to circumvent security or interfere with the proper working of the AppShare content or any server on which it is hosted;
- Use the AppShare content in a way that might damage our name or reputation or that of any of our affiliates;
- Use the AppShare content in any unlawful manner, for any unlawful purpose, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App;
- Infringe our intellectual property rights or those of any third party in relation to your use of the AppShare content;
- Transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- Use the AppShare content in any way that is not permitted under the terms of the contract in place between us and your organisation which governs the use of the MATS platform (MATS Platform Corporate Contract);
- Use the AppShare content in a way that could damage, disable, overburden, impair or compromise our systems or security; or
- Otherwise do anything that it is not expressly permitted by these terms.
All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them, if the MATS Platform Corporate Contract terminates or expires, or if you cease to be a MATS customer for any reason.
In the event of any conflict between these terms and the terms of the MATS Platform Corporate Contract, the terms of the MATS Platform Corporate Contract will take precedence.
If your rights to use the AppShare content are terminated in accordance with these terms, you must stop all activities authorised by these terms, including your use of the Community and AppShare.
To do anything with the AppShare content that is not expressly permitted by these terms, you will need a separate licence from us. Please contact us, using the firstname.lastname@example.org details at the end of these terms.
Intellectual property rights
We license, but do not sell, to you the AppShare content you download. We remain the owner of the AppShare content at all times.
All intellectual property rights in the AppShare content are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the AppShare content.
The AppShare content may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the AppShare content contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under these terms, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in any AppShare content and the relevant Open Source Licence Terms will be made available to you upon request.
You or your licensors will own all content in the new content and you undertake to us to ensure that you have the right to use and make available as you choose to do, all content. We shall have no liability to you if any of the content you provide in the AppShare infringes the intellectual property rights of any person.
AppShare content features and content
You agree that downloading, accessing and use of the AppShare, since it is made available for download free of charge, are on an ‘as is’ and ‘as available’ basis and at your sole risk.
We reserve the right to change the format and features of the AppShare content by making the updated AppShare content available for you to download. You are not obliged to download the updated content, but we may cease to provide and/or update prior versions of the AppShare content and, depending on the nature of the update, in some circumstances you may not be able to continue using the AppShare content or may have to download an entirely new version that is not an upgrade or able to port existing data and functions.
Where the AppShare makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or any other reasons.
Whilst we try to make sure that content made available by the AppShare content consisting of information of which we are the source is correct, you acknowledge that the AppShare content may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the AppShare content is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except as set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the AppShare content and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.
The AppShare content may, from time to time, include links to external sites. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in these terms shall limit or exclude our liability to you:
- For death or personal injury caused by our negligence;
- For fraudulent misrepresentation; or
- For any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum outlined in your MATS platform corporate contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under these terms.
All notices given by you to us must be given in writing to the address set out at the end of these terms.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
Without prejudice to the terms of the MATS Platform Corporate Contract, these terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter.
These terms shall be governed by English law. You agree that any dispute between you and us regarding these terms or the AppShare content will only be dealt with by the English courts.
Please submit any questions you have about these terms or the AppShare content by email to email@example.com.