EULA

Android PressAtlas EULA

iOS PressAtlas EULA

 


PressAtlas End User Licence Agreement

 (Apple Only)

Effective Date: 4/10/2016

1.         Parties

  • This PressAtlas End User Licence Agreement (“Agreement”) is entered into between you (the person who downloads, installs and/or uses the PressAtlas application “You”) and Spatial Apps Pty Limited ABN 33 167 185 177 (“Spatial Apps”, “we”, “us”) and not with Apple Inc or any other third party.
  • By registering for a PressAtlas subscription and downloading PressAtlas to Your device, You have agreed to be bound by the terms and conditions of this Agreement.
  • The PressAtlas application is licensed, not sold, to You for use only under the terms of this Agreement, unless a PressAtlas application is accompanied by a separate licence agreement between you and Spatial Apps, in which case the terms of that separate licence agreement will govern subject to Your prior acceptance of that separate licence agreement. We reserve all rights not expressly granted to You.
  • Spatial Apps reserves the right to withdraw and/or modify and/or amend the PressAtlas Application at any time in its absolute discretion.
  • Any reference to PressAtlas in this Agreement refers to the version of the PressAtlas application in use at the time that You successfully downloaded it to your device.

 

2.         Press Content and Third Party Materials

Press Content

  • When using PressAtlas You may have access to headlines, Access Links, articles, commentary, visual images or other content published by third parties on or through their respective website (Press Content).
  • You acknowledge that your use of PressAtlas permits you to receive Press Content and that by accessing PressAtlas you agree to and are subject to the terms and conditions of any Press Content publisher. You agree to indemnify Spatial Apps, its officers, directors’ employees and agents from and against any claims arising out of a breach of this Agreement, or as a result of your use of any Press Content, or any third party terms applicable as a result of your use of PressAtlas.
  • Spatial Apps does not review, control or accept responsibility for any Press Content. Spatial Apps does not recommend or endorse any Press Content available via PressAtlas or any person who has published or communicated such Press Content. Any Press Content accessed through PressAtlas is solely the responsibility of the original publishers.
  • You accept and agree to use PressAtlas at your sole risk and that, to the extent permitted by law, other than liability which by law cannot be excluded, Spatial Apps shall not (and neither shall Apple) have any liability to you in respect of any Press Content.

 

Third Party Material

  • You acknowledge and accept that PressAtlas may enable access to web sites of Spatial Apps and third parties (collectively and individually, “Services”). Use of the Services may require Internet access.
  • Certain Services may display, include or make available content, data, information, applications or materials from third parties or provide links to additional third party web sites (“Third Party Materials”). By using the Services, You acknowledge and agree that Spatial Apps is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
  • Spatial Apps has not entered into a licensing agreement or linking agreement with the owners of the Third Party Content and makes no representation that it has the right to provide access to that Third Party Content. Spatial Apps does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials are provided solely as a convenience to You. Financial information displayed by any Services is for general information purposes only and is not intended to be relied upon as investment or professional advice.
  • You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Spatial Apps shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

 

3.         Location Data

  • Location data provided by PressAtlas and any Services is indicative only and provided for basic geographical identification of Press Content. It is not intended to be relied upon in situations where precise location information is required or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Spatial Apps, nor any of its content providers, guarantee the availability, accuracy, completeness, reliability or timeliness of any information or data displayed by any Services.
  • Third party Services and Third Party Materials that may be accessed from, displayed on or linked to from Your device may not be available in all languages or in all countries. Spatial Apps makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Spatial Apps, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Spatial Apps be liable for the removal of or disabling of access to any such Services. Spatial Apps may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

 

4.         Scope of PressAtlas Licence

  • Spatial Apps grants to You a non-exclusive, non-transferable licence to use PressAtlas on a device that meets Spatial Apps’ minimum requirements for PressAtlas including, but not limited to any iOS Product that:
    • You own or have administrator rights for and as permitted by the usage rules specified in the App Store Terms of Service (the “Usage Rules”); and
    • if PressAtlas so permits, as permitted for Family Sharing (as defined at Apple’s website from time to time) in which case You must ensure that each Family Member will comply with this Agreement as if they were You.
  • This Agreement does not allow You to use PressAtlas on a mobile device that You do not own or control, and You must not:
    • distribute or make PressAtlas available over a network where it could be used by multiple devices at the same time;
    • rent, lease, lend, sell, redistribute or sublicense PressAtlas;
    • copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of PressAtlas, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with PressAtlas).
  • You shall only have access to Press Content via an Access Link in PressAtlas and You are not granted any distribution rights of any Press Content and are not authorised to:
    • copy, reproduce, sublicence, sell, rent, lease, distribute or communicate any Press Content except as permitted in this Agreement; or
    • save on your device Press Content in a manner which will allow you to deal with the saved Press Content so that another person may obtain a copy of the Press Content on a different device.
  • You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Spatial Apps is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
  • Any attempt to do any of the above prohibited acts is a violation of the rights of Spatial Apps and its licensors and constitutes a material breach of this Agreement. If You breach these restrictions, Spatial Apps may with immediate effect terminate this Agreement and You may be subject to prosecution and damages.
  • The terms of this Agreement will govern any upgrades provided by Spatial Apps that replace and/or supplement PressAtlas, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.

 

5.         Consent to Use of Your Data

  • You agree that Spatial Apps may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to PressAtlas. You hereby acknowledge and agree to Spatial Apps using this data, de-identified, to improve its products or to provide services or technologies to You.

 

  • You agree that Spatial Apps may use and share with its affiliated entities personal information collected about You for the purposes of providing access to and use of the Services; providing support, billing and other similar activities related to the Services and keeping Spatial Apps and You informed about products, services, offers and upcoming events and to improve the Services. You agree that Spatial apps may share your personal information with third parties for the purposes of direct marketing. If you do not wish to receive information about other products, services, offers and events, you may notify Spatial Apps in writing.

 

6.         Intellectual Property Rights

  • You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.
  • No portion of the Services may be reproduced by you in any form or by any means. You agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You must not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
  • You agree and acknowledge that Spatial Apps (or its licensors) is the sole owner of all rights (including all copyrights, patent rights, design rights, trademark rights, trade name and domain name rights, goodwill rights, and all other intellectual property rights) in PressAtlas. The publishers (or their licensors) are the sole owners of all rights (including all copyrights and all other intellectual property rights) in the Press Content accessed through PressAtlas.
  • You and Spatial Apps each acknowledge and agree that, in the event of any third party claim that PressAtlas or Your possession and use of PressAtlas infringes any third party’s intellectual property rights, Spatial Apps, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

 

7.         Termination.

  • This Agreement is effective from the date of subscription and will automatically renew at the end of each term of 12 months for a further term of 12 months unless terminated in accordance with this clause 7. You may opt out of this Agreement at any time via the Apple website.
  • This Agreement will terminate automatically without notice from Spatial Apps if You fail to comply with any term(s) of this Agreement. Upon termination of the licence, You shall cease all use of PressAtlas, and destroy all copies, full or partial, of PressAtlas.
  • Spatial Apps may terminate this Agreement with immediate effect if Apple terminates its Developer Program Licence with Spatial Apps or for any reason discontinues Apple Software and Services.
  • Spatial Apps may terminate this Agreement with immediate effect if LexisNexis terminates its Metabase Service Agreement with Spatial Apps or for any reason discontinues Metabase Services.
  • In the event that Spatial Apps terminates this Agreement in accordance with this clause 7 Spatial Apps will not be liable for compensation, indemnity or damages of any sort as a result of terminating the Agreement.

 

8.         Support and Maintenance

  • Spatial Apps is solely responsible for providing any maintenance and support services with respect to PressAtlas, if specified in this Agreement, or as required under applicable law (if at all). Spatial Apps and You each acknowledge that Apple does not have any obligation whatsoever to furnish any maintenance and support services with respect to PressAtlas. Any details of such services by Spatial Apps will be specified on the PressAtlas website.

 

9.         Warranty

  • Spatial Apps is solely responsible for any PressAtlas warranties, whether express or implied by law, to the extent not effectively disclaimed in this Agreement.
  • You expressly acknowledge and agree that, to the extent permitted by applicable laws:
    • use of PressAtlas is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You.
    • To the maximum extent permitted by applicable law, PressAtlas is provided “as is” and “as available”, with all faults and without warranty of any kind, and Spatial Apps hereby disclaims all warranties and conditions with respect to PressAtlas and any related services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
    • Spatial Apps does not warrant against interference with Your enjoyment of PressAtlas, that the functions contained in, or services performed or provided by, PressAtlas will meet Your requirements, that the operation of PressAtlas or services will be uninterrupted or error-free, or that defects in PressAtlas or services will be corrected.
    • No oral or written information or commentary provided by Spatial Apps or its authorised representative shall create any warranty.
    • Should PressAtlas or services prove defective, You assume the entire cost of all necessary servicing, repair or correction.
  • Some jurisdictions do not permit the exclusion of implied warranties or limitations on applicable statutory rights of a consumer.
  • If the above exclusion of warranties is not effective in any applicable jurisdiction then the following clauses apply.
    • If PressAtlas fails to comply with any applicable warranty and where the warranty relates to Your use of a version of PressAtlas downloaded through the Apple App Store You may notify Apple, and Apple may refund the purchase price for PressAtlas to You.
    • You and Spatial Apps each acknowledge that as between You and Spatial Apps, not Apple, Spatial Apps is responsible for addressing any of Your claims or any third party claims relating to PressAtlas or Your possession and/or use of PressAtlas, including, but not limited to:
      • product liability claims made in respect of PressAtlas;
      • any claim that PressAtlas fails to conform to any applicable legal or regulatory requirement; and
      • claims arising under consumer protection or similar legislation in respect of PressAtlas.
    • To the extent permitted by law, Spatial Apps’ sole liability for breaching this Agreement or for breach of any implied guarantee or warranty that cannot be excluded shall be, at Spatial Apps’ option:
      • In the case of services, the resupply of, or payment of the cost of resupplying, the service; or
      • in the case of goods:
        • the replacement of the goods or the supply of equivalent goods;
        • the repair of the goods;
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • the payment of the cost of having the goods repaired.
      • This does not mean that Spatial Apps accepts liability in relation to any Press Content accessed through PressAtlas. Spatial Apps does not accept liability in relation to such Press Content. You agree and acknowledge that any claims in respect of any Press Content accessed through PressAtlas are between You and the relevant publisher of such Press Content.

 

10.      Limitation of Liability

  • To the extent not prohibited by law, in no event shall Spatial Apps be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use PressAtlas, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Spatial Apps has been advised of the possibility of such damages.
  • Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You.
  • In no event shall Spatial Apps’ total liability to You for all damages (other than as may be required by applicable law) exceed the amount of fifty Australian dollars ($50.00).

 

11.      Export Control

  • You may not use or otherwise export or re-export PressAtlas except as authorized by United States law and the laws of the jurisdiction in which PressAtlas was obtained. In particular, but without limitation, PressAtlas may not be exported or re-exported:
    • into any U.S. embargoed countries;
    • to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals; or
    • the U.S. Department of Commerce Denied Person’s List or Entity List.

 

  • By using PressAtlas, You represent and warrant that:
    • You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country;
    • You are not listed on any U.S. Government list of prohibited or restricted parties;
    • You are not located in any country or on any list referred to in this clause 11.
  • You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

12.      General

  • The laws of the Australian Capital Territory, Australia, govern this Agreement and Your use of PressAtlas. Your use of PressAtlas may also be subject to other local, state, national, or international laws. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You irrevocably consent to the exclusive jurisdiction of the courts of Australian Capital Territory for purposes of any legal action arising out of or related to the use of PressAtlas or this Agreement.
  • You acknowledge that Apple and its respective subsidiaries, are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary.
  • Spatial Apps reserves the right to change or modify this agreement or any other Spatial Apps’ policies related to the use of PressAtlas at any time and at its sole discretion by posting revisions on Spatial Apps’ Website. Continued use of PressAtlas by You following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
  • If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
  • The failure of Spatial Apps’ at any time to insist on performance of any obligation under this Agreement is not a waiver of its right to insist on performance of, or claim damages for breach of, that obligation, or at any other time to insist on Your performance of that or any other obligation.
  • Any questions, complaints or claims regarding PressAtlas should be directed to the following.

 

Chief Executive Officer
Spatial Apps Pty limited
PO Box 5354, Kingston ACT 2604 Australia

 

Telephone: +61262730111
Email: Contact@spatialApps.com.au

 

 

 


PressAtlas End User Licence Agreement

 (Google Only)

Effective Date: 04/10/2017

1.         Parties

  • This PressAtlas End User Licence Agreement (“Agreement”) is entered into between you (the person who downloads, installs and/or uses the PressAtlas application “You”) and Spatial Apps Pty Limited ABN 33 167 185 177 (“Spatial Apps”, “we”, “us”) and not with Google Inc or any other third party.
  • By registering for a PressAtlas subscription and downloading PressAtlas to Your device, You have agreed to be bound by the terms and conditions of this Agreement.
  • The PressAtlas application is licensed, not sold, to You for use only under the terms of this Agreement, unless a PressAtlas application is accompanied by a separate licence agreement between you and Spatial Apps, in which case the terms of that separate licence agreement will govern subject to Your prior acceptance of that separate licence agreement. We reserve all rights not expressly granted to You.
  • Spatial Apps reserves the right to withdraw and/or modify and/or amend the PressAtlas Application at any time in its absolute discretion.
  • Any reference to PressAtlas in this Agreement refers to the version of the PressAtlas application in use at the time that You successfully downloaded it to your device.

 

2.         Press Content and Third Party Materials

Press Content

  • When using PressAtlas You may have access to headlines, Access Links, articles, commentary, visual images or other content published by third parties on or through their respective website (Press Content).
  • You acknowledge that your use of PressAtlas permits you to receive Press Content and that by accessing PressAtlas you agree to and are subject to the terms and conditions of any Press Content publisher. You agree to indemnify Spatial Apps, its officers, directors’ employees and agents from and against any claims arising out of a breach of this Agreement, or as a result of your use of any Press Content, or any third party terms applicable as a result of your use of PressAtlas.
  • Spatial Apps does not review, control or accept responsibility for any Press Content. Spatial Apps does not recommend or endorse any Press Content available via PressAtlas or any person who has published or communicated such Press Content. Any Press Content accessed through PressAtlas is solely the responsibility of the original publishers.
  • You accept and agree to use PressAtlas at your sole risk and that, to the extent permitted by law, other than liability which by law cannot be excluded, Spatial Apps shall not (and neither shall Google) have any liability to you in respect of any Press Content.

 

Third Party Material

  • You acknowledge and accept that PressAtlas may enable access to web sites of Spatial Apps and third parties (collectively and individually, “Services”). Use of the Services may require Internet access.
  • Certain Services may display, include or make available content, data, information, applications or materials from third parties or provide links to additional third party web sites (“Third Party Materials”). By using the Services, You acknowledge and agree that Spatial Apps is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.
  • Spatial Apps has not entered into a licensing agreement or linking agreement with the owners of the Third Party Content and makes no representation that it has the right to provide access to that Third Party Content. Spatial Apps does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials are provided solely as a convenience to You. Financial information displayed by any Services is for general information purposes only and is not intended to be relied upon as investment or professional advice.
  • You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Spatial Apps shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

 

3.         Location Data

  • Location data provided by PressAtlas and any Services is indicative only and provided for basic geographical identification of Press Content. It is not intended to be relied upon in situations where precise location information is required or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Spatial Apps, nor any of its content providers, guarantee the availability, accuracy, completeness, reliability or timeliness of any information or data displayed by any Services.
  • Third party Services and Third Party Materials that may be accessed from, displayed on or linked to from Your device may not be available in all languages or in all countries. Spatial Apps makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Spatial Apps, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Spatial Apps be liable for the removal of or disabling of access to any such Services. Spatial Apps may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

 

4.         Scope of PressAtlas Licence

  • Spatial Apps grants to You a non-exclusive, non-transferable licence to use PressAtlas on a device that meets Spatial Apps’ minimum requirements for PressAtlas including, but not limited to any Android™ Product that:
    • You own or have administrator rights for and as permitted by the ‘Use of Google Play’ rules specified in the Google Play Terms of Service; and
    • if PressAtlas so permits, as permitted for Family Group (as defined at Google’s website from time to time) in which case You must ensure that each Family Member will comply with this Agreement as if they were You.
  • This Agreement does not allow You to use PressAtlas on a mobile device that You do not own or control, and You must not:
    • distribute or make PressAtlas available over a network where it could be used by multiple devices at the same time;
    • rent, lease, lend, sell, redistribute or sublicense PressAtlas;
    • copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of PressAtlas, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with PressAtlas).
  • You shall only have access to Press Content via an Access Link in PressAtlas and You are not granted any distribution rights of any Press Content and are not authorised to:
    • copy, reproduce, sublicence, sell, rent, lease, distribute or communicate any Press Content except as permitted in this Agreement; or
    • save on your device Press Content in a manner which will allow you to deal with the saved Press Content so that another person may obtain a copy of the Press Content on a different device.
  • You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Spatial Apps is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
  • Any attempt to do any of the above prohibited acts is a violation of the rights of Spatial Apps and its licensors and constitutes a material breach of this Agreement. If You breach these restrictions, Spatial Apps may with immediate effect terminate this Agreement and You may be subject to prosecution and damages.
  • The terms of this Agreement will govern any upgrades provided by Spatial Apps that replace and/or supplement PressAtlas, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.
  • You agree to comply with the Google API Terms of Service which can be found on Google’s website.

 

5.         Consent to Use of Your Data

  • You agree that Spatial Apps may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to PressAtlas. You hereby acknowledge and agree to Spatial Apps using this data, de-identified, to improve its products or to provide services or technologies to You.

 

  • You agree that Spatial Apps may use and share with its affiliated entities personal information collected about You for the purposes of providing access to and use of the Services; providing support, billing and other similar activities related to the Services and keeping Spatial Apps and You informed about products, services, offers and upcoming events and to improve the Services. You agree that Spatial apps may share your personal information with third parties for the purposes of direct marketing. If you do not wish to receive information about other products, services, offers and events, you may notify Spatial Apps in writing.

 

6.         Intellectual Property Rights

  • You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.
  • No portion of the Services may be reproduced by you in any form or by any means. You agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You must not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
  • You agree and acknowledge that Spatial Apps (or its licensors) is the sole owner of all rights (including all copyrights, patent rights, design rights, trademark rights, trade name and domain name rights, goodwill rights, and all other intellectual property rights) in PressAtlas. The publishers (or their licensors) are the sole owners of all rights (including all copyrights and all other intellectual property rights) in the Press Content accessed through PressAtlas.
  • You and Spatial Apps each acknowledge and agree that, in the event of any third party claim that PressAtlas or Your possession and use of PressAtlas infringes any third party’s intellectual property rights, Spatial Apps, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

 

7.         Termination.

  • This Agreement is effective from the date of subscription and will automatically renew at the end of each term of 12 months for a further term of 12 months unless terminated in accordance with this clause 7. You may opt out of this Agreement at any time via the Google website.
  • This Agreement will terminate automatically without notice from Spatial Apps if You fail to comply with any term(s) of this Agreement. Upon termination of the licence, You shall cease all use of PressAtlas, and destroy all copies, full or partial, of PressAtlas.
  • Spatial Apps may terminate this Agreement with immediate effect if Google terminates its Developer Program Licence with Spatial Apps or for any reason discontinues Google Software and Services.
  • Spatial Apps may terminate this Agreement with immediate effect if LexisNexis terminates its Metabase Service Agreement with Spatial Apps or for any reason discontinues Metabase Services.
  • In the event that Spatial Apps terminates this Agreement in accordance with this clause 7 Spatial Apps will not be liable for compensation, indemnity or damages of any sort as a result of terminating the Agreement.

 

8.         Support and Maintenance

  • Spatial Apps is solely responsible for providing any maintenance and support services with respect to PressAtlas, if specified in this Agreement, or as required under applicable law (if at all). Spatial Apps and You each acknowledge that Google does not have any obligation whatsoever to furnish any maintenance and support services with respect to PressAtlas. Any details of such services by Spatial Apps will be specified on the PressAtlas website.

 

9.         Warranty

  • Spatial Apps is solely responsible for any PressAtlas warranties, whether express or implied by law, to the extent not effectively disclaimed in this Agreement.
  • You expressly acknowledge and agree that, to the extent permitted by applicable laws:
    • use of PressAtlas is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You.
    • To the maximum extent permitted by applicable law, PressAtlas is provided “as is” and “as available”, with all faults and without warranty of any kind, and Spatial Apps hereby disclaims all warranties and conditions with respect to PressAtlas and any related services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
    • Spatial Apps does not warrant against interference with Your enjoyment of PressAtlas, that the functions contained in, or services performed or provided by, PressAtlas will meet Your requirements, that the operation of PressAtlas or services will be uninterrupted or error-free, or that defects in PressAtlas or services will be corrected.
    • No oral or written information or commentary provided by Spatial Apps or its authorised representative shall create any warranty.
    • Should PressAtlas or services prove defective, You assume the entire cost of all necessary servicing, repair or correction.
  • Some jurisdictions do not permit the exclusion of implied warranties or limitations on applicable statutory rights of a consumer.
  • If the above exclusion of warranties is not effective in any applicable jurisdiction then the following clauses apply.
    • If PressAtlas fails to comply with any applicable warranty and where the warranty relates to Your use of a version of PressAtlas downloaded through Google Play You may notify Google, and Google may refund the purchase price for PressAtlas to You.
    • You and Spatial Apps each acknowledge that as between You and Spatial Apps, not Google, Spatial Apps is responsible for addressing any of Your claims or any third party claims relating to PressAtlas or Your possession and/or use of PressAtlas, including, but not limited to:
      • product liability claims made in respect of PressAtlas;
      • any claim that PressAtlas fails to conform to any applicable legal or regulatory requirement; and
      • claims arising under consumer protection or similar legislation in respect of PressAtlas.
    • To the extent permitted by law, Spatial Apps’ sole liability for breaching this Agreement or for breach of any implied guarantee or warranty that cannot be excluded shall be, at Spatial Apps’ option:
      • In the case of services, the resupply of, or payment of the cost of resupplying, the service; or
      • in the case of goods:
        • the replacement of the goods or the supply of equivalent goods;
        • the repair of the goods;
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • the payment of the cost of having the goods repaired.
      • This does not mean that Spatial Apps accepts liability in relation to any Press Content accessed through PressAtlas. Spatial Apps does not accept liability in relation to such Press Content. You agree and acknowledge that any claims in respect of any Press Content accessed through PressAtlas are between You and the relevant publisher of such Press Content.

 

10.      Limitation of Liability

  • To the extent not prohibited by law, in no event shall Spatial Apps be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use PressAtlas, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Spatial Apps has been advised of the possibility of such damages.
  • Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You.
  • In no event shall Spatial Apps’ total liability to You for all damages (other than as may be required by applicable law) exceed the amount of fifty Australian dollars ($50.00).

 

11.      Export Control

  • You may not use or otherwise export or re-export PressAtlas except as authorized by United States law and the laws of the jurisdiction in which PressAtlas was obtained. In particular, but without limitation, PressAtlas may not be exported or re-exported:
    • into any U.S. embargoed countries;
    • to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals; or
    • the U.S. Department of Commerce Denied Person’s List or Entity List.

 

  • By using PressAtlas, You represent and warrant that:
    • You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country;
    • You are not listed on any U.S. Government list of prohibited or restricted parties;
    • You are not located in any country or on any list referred to in this clause 11.
  • You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

12.      General

  • The laws of the Australian Capital Territory, Australia, govern this Agreement and Your use of PressAtlas. Your use of PressAtlas may also be subject to other local, state, national, or international laws. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You irrevocably consent to the exclusive jurisdiction of the courts of Australian Capital Territory for purposes of any legal action arising out of or related to the use of PressAtlas or this Agreement.
  • You acknowledge that Google and its respective subsidiaries, are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary.
  • Spatial Apps reserves the right to change or modify this agreement or any other Spatial Apps’ policies related to the use of PressAtlas at any time and at its sole discretion by posting revisions on Spatial Apps’ Website. Continued use of PressAtlas by You following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
  • If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
  • The failure of Spatial Apps’ at any time to insist on performance of any obligation under this Agreement is not a waiver of its right to insist on performance of, or claim damages for breach of, that obligation, or at any other time to insist on Your performance of that or any other obligation.
  • Any questions, complaints or claims regarding PressAtlas should be directed to the following.

 

Chief Executive Officer
Spatial Apps Pty limited
PO Box 5354, Kingston ACT 2604 Australia

 

Telephone: +61262730111
Email: Contact@spatialApps.com.au