Licence Agreement

IMPORTANT:

READ CAREFULLY BEFORE USING THIS SERVICE.

By installing our software, you agree to the terms and provisions of this agreement. If you do not agree to the following terms of use, do not install our application or software and do not use this service.

Please read these terms and conditions carefully before using the SERVICE as set out below. By accessing the Pulse-App service or by clicking to indicate that you have read and agreed these terms, you agree to be legally bound by these terms and conditions and as they may be modified and posted on our website from time to time.

If you do not wish to be bound by these terms and conditions then you may not use our SERVICE (as defined below).

Parties:
1. Pulse Technologies NE Ltd. a company incorporated in England, company registration number 09085111 and having its registered office at 73 Church Street, Hartlepool, England, UK, TS24 7DN (‘the Provider’)
2. You (‘the customer’) subject to the Customer’s payment of the purchase and ongoing license fees, Pulse Technologies grants to you and you accept a license to use, the Pulse-App local Microsoft Windows software, the Pulse-App web client and the Pulse-App application available from the Apple iTunes Store (Apple devices) or Google Play Store (Android devices) (collectively described as the “SERVICE”) delivered with this Agreement. For purposes of this agreement the SERVICE includes, without limitation, any images, clipart, and fonts that may be provided on the Pulse-App program and website, or otherwise provided herewith.

Terms of Use:
This licence permits you to use the Pulse-App service in accordance with the following conditions:
1. Use of the SERVICE is limited to the number of users specified in your purchase agreement. (Without a purchase agreement, you are entitled to use the SERVICE in DEMO (restricted demonstration) mode only).
2. This SERVICE is for use in the transmission of electronic messages and information and must follow Pulse-App Acceptable Use Policy.
3. Use of the SERVICE is limited to the number of years from the date of purchase as indicated by the invoice provided by Pulse-App or its distributor, and may be automatically renewed upon payment for additional years of use.
4. THE PROVIDERS INTELLECTUAL PROPERTY RIGHTS cover all copyrights, patents, utility models, trademarks, service marks, registered designs, moral rights, design rights (whether registered or unregistered), technical information, know-how, database rights, semiconductor topography rights, business names and logos, computer data, generic rights, proprietary information rights and all other similar proprietary rights (and all applications and rights to apply for registration or protection of any of the foregoing) as may exist anywhere in the world.

You may not:
1. Exceed the number of users as specified by the purchase agreement, without first discussing your needs with PulseApp and potentially paying further ‘per-seat’ fees.
2. Modify, sell or distribute any of the SERVICE, or use any of the content within the SERVICE other than to send and report on electronic communications transmitted solely though this SERVICE.
3. Distribute or publish any part of the SERVICE as part of an electronic document or web page other than for the promotion of the SERVICE within or on behalf of the establishment for which the product is licensed.
4. Rent, lease, time-share, sub-license, or transfer the SERVICE.
5. Modify, translate, adapt, disassemble, decompile, reverse engineer, or in any way copy the source code from this web SERVICE.
6. Copy or emulate in any way the design, layout, or functionality of this SERVICE.

Licence Period and fee payment:
The Provider shall have no obligations under this Agreement during a given Licence Period until it, or its distributor, has received the fee in full from the customer in cleared funds.

The Licence Period is one calendar year from the date of purchase or as indicated on the invoice supplied by PulseApp or its distributor at the time of purchase.

Cancellation:
1. If you wish to cancel your subscription, this must be done in writing giving no less than 30 days notice in advance of the renewal date.
2. You may terminate the licence without any refund at any time by giving 30 days notice in writing.
3. If you don’t provide the required notice, then you will be liable for the following years subscription in full.
4. We reserve the right to cancel this Agreement at any time if you are in breach of any of these Terms and Conditions.

Payment:
You shall pay the Fee for the Licence Period in full within 30 days of the date of purchase as indicated on the invoice. You shall pay the fee for any push notification seats purchased in full within 30 days of the date of purchase as indicated on the invoice.

We reserve the right to introduce or revise charges for any service provided at our sole discretion but any changes will be notified at least 30 days prior to introduction unless enforced by a 3rd party (e.g. VAT rate change or similar)

Extension of term:
40 days prior to the end of any Licence Period the Provider will automatically submit an invoice for the Fee (at the Provider’s then current rates) for a further 12 months (or such other period as the Provider may offer). If You do not inform the Provider more than 30 days prior to the end of the Licence Period, the Licence Period shall be deemed to be extended by a period of 12 months (or such other period as the Provider may offer) commencing from the expiry of the then current Licence Period.

Acceptable Use Policy:
PulseApp users are solely responsible for the content of electronic communications delivered through the service, and agree not to transmit through the site any unlawful, harassing, libellous, threatening, harmful, vulgar, obscene statement or otherwise objectionable communication.

The Provider may prevent you on a temporary or permanent basis from sending push notification messages to users where the recipient or any third party involved in the transmission of messages has notified the Provider that messages from You are ‘SPAM’, or where the users no longer hold valid accounts.

Privacy:
PulseApp does not exercise editorial control over your transmissions; and do not review your transmissions. We do not disclose the contents of any communication other than to the recipient, except as required by law or a legal proceeding or investigation. Occasionally, in the normal course of business an employee of PulseApp may view the contents of an electronic communication while providing technical support or troubleshooting delivery systems, or contents will be scanned for keywords to summarize how, in general, the service is being used.

Copyright & Trademark:
The information contained in this SERVICE is copyrighted and may not be distributed, modified, reproduced in whole or part without prior written permission of PulseApp. Except for the incidental printing of web pages and PulseApp transmissions as provided for herein, the images from this SERVICE may not be reproduced in any form without prior written consent from PulseApp.

Disclaimer of Warranties:
To the maximum extent permitted by applicable law, PulseApp and its suppliers provide the SERVICE as is and with all faults, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SERVICE, and the provision of or failure to provide Support Services.

ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SERVICE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SERVICE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.

Exclusion of Incidental, Consequential and Certain other Damages:
To the maximum extent permitted by applicable law, in no event shall PulseApp or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SERVICE, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of PulseApp or any supplier, and even if PulseApp or any supplier has been advised of the possibility of such damages.

Limitation of Liabilities and Remedies:
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of PulseApp and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the annual SERVICE. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

PulseApp is a trading name of
Pulse Technologies NE Ltd.
73 Church Street
Hartlepool
England
TS23 7DN
United Kingdom

Phone: +44 (0) 1429 812 312