APPLICATION END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) is a binding contract between CoffeeRun
(“CoffeeRun”) and you (“You”), as a user of the CoffeeRun Applications (the “Licensed Applications”)
downloaded from the Google Play, Amazon, Apple App Store or the CoffeeRun website marketplace or any
other marketplace applicable. The Licensed Applications is licensed, not sold, to You for use only
under the terms of this EULA. This EULA is between You and CoffeeRun, and CoffeeRun is solely
responsible for the Licensed Applications and the content thereof. CoffeeRun reserves all rights not
expressly granted to You.
a. Scope of License:
CoffeeRun grants to You a non-transferable, non-exclusive, revocable license to
use the Licensed Applications on the mobile device that You own or control and as permitted by the
Usage Rules set forth in the Google Play Terms of Service (the “Usage Rules”). This license does not
allow You to use the Licensed Applications on any mobile device that You do not own or control, and
You may not distribute or make the Licensed Applications available over a network where it could be
used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or
sublicense the Licensed Applications. You may not copy (except as expressly permitted by this
license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source
code of, modify, or create derivative works of the Licensed Applications, 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 the Licensed Applications). Any attempt to do so is a violation of the
rights of CoffeeRun. If You breach this restriction, You may be subject to prosecution and damages.
The terms of this EULA will govern any upgrades provided by CoffeeRun that replace or supplement the
original Licensed Applications, unless such upgrade is accompanied by a separate license, in which
case the terms of that license will govern.
b. Consent to Use of Content:
You agree that CoffeeRun may collect and use technical data and related
information, including but not limited to technical information about Your device, system and
Applications 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 the Licensed
Applications (collectively, “Data”). You may also voluntarily provide information, feedback, images,
and other content in connection with your use of the Licensed Applications (together with the Data,
collectively, “Content”). You agree that CoffeeRun may use the Content to improve its products and
services or to provide products and services to You, and You hereby grant CoffeeRun a nonexclusive,
worldwide, royalty-free, fully paid-up, transferable and sublicensable license in and to the
Content, including all intellectual property rights therein, for CoffeeRun to use, modify and create
derivative works of the same in connection with or related to any business purposes. You represent
and warrant to CoffeeRun that (i) you have the necessary rights to grant the licenses and rights in
and to the Content, and (ii) the Content and CoffeeRun’s use thereof as permitted in this EULA will
not infringe, violate or misappropriate any third party right. Your personal information will be
collected and processed in accordance with the terms of CoffeeRun’s Privacy Policy, available at
www.TheCoffeeRunApp.com\privacy
c. Termination:
The EULA is effective until terminated by You or CoffeeRun. Your rights under this
EULA will terminate automatically without notice from CoffeeRun if You fail to comply with any term
of this EULA. Upon termination of this EULA, You shall cease all use of the Licensed Applications,
and destroy all copies, full or partial, of the Licensed Applications.
d. Services:
Third Party Materials. The Licensed Applications may enable access to CoffeeRun’s
and third party services and web sites (collectively and individually, “Services”). Use of the
Services may require Internet access and that You accept additional terms of service. The
information provided by the Licensed Applications is provided to You for informational and reference
purposes only. While every effort has been made to ensure the quality and accuracy of information
displayed through the Licensed Applications, CoffeeRun shall not be held responsible for incomplete,
inaccurate, invalid or incorrect information displayed through the Licensed Applications.
Certain Services may display, include or make available content, data, information, Applications or
materials from third parties (“Third Party Materials”) or provide links to certain third party web
sites. By using the Services, You acknowledge and agree that CoffeeRun 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. CoffeeRun 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 or Third Party Materials.
Third Party Materials and links to other web sites are provided solely as a convenience to You.
Neither CoffeeRun, nor any of its content providers, guarantees the availability, accuracy,
completeness, or reliability of any Services. You should exercise judgment in your use of any
Services.
You agree that 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 in
any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create
derivative works based on the Services, in any manner, and You shall not exploit the Services in any
unauthorized way whatsoever, including but not limited to, by trespass or burdening network
capacity. 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 CoffeeRun 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.
In addition, Services that may be accessed from, displayed on or linked to from the mobile device
are not available in all languages or in all countries. CoffeeRun makes no representation that
Services are appropriate or available for use in any particular location. To the extent You choose
to access such Services, You do so at Your own initiative and are responsible for compliance with
any applicable laws, including but not limited to applicable local laws. CoffeeRun 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 CoffeeRun be liable for the removal of or disabling of access to any such
Services. CoffeeRun may also impose limits on the use of or access to certain Services without
notice or liability. Google, Apple, Amazon or any third party has no obligation whatsoever to
furnish any maintenance and support services with respect to the Licensed Applications.
e. No Warranty:
USE OF THE LICENSED APPLICATIONS IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED
APPLICATIONS AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATIONS ARE PROVIDED “AS
IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COFFEERUN HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATIONS AND ANY SERVICES,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COFFEERUN DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATIONS, THAT THE FUNCTIONS CONTAINED
IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATIONS WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE LICENSED APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE LICENSED APPLICATIONS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY COFFEERUN OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE LICENSED APPLICATIONS OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COFFEERUN 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
THE LICENSED APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF COFFEERUN 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 CoffeeRun’s total
liability to You for all damages (other than as may be required by applicable law in cases involving
personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply
even if the above stated remedy fails of its essential purpose.
g. Export:
You may not use or otherwise export or re-export the Licensed Applications except
as authorized by English law and the laws of the jurisdiction in which the Licensed Applications was
obtained. In particular, but without limitation, the Licensed Applications may not be exported or
re-exported (a) into any U.K. embargoed countries or (b) 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 the Licensed Applications, You represent and warrant that you are not located
in any such country or on any such list. You also agree that you will not use these products for any
purposes prohibited by English law, including, without limitation, the development, design,
manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. Government Users:
The Licensed Applications and related documentation are “Commercial Items”, as
that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and
“Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b)
with only those rights as are granted to all other end users pursuant to the terms and conditions
herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Governing Law:
The laws of England, excluding its conflicts of law rules, govern this license and
Your use of the Licensed Applications. Your use of the Licensed Applications may also be subject to
other local, state, national, or international laws.
j. Contact Information:
Your questions, complaints or claims with respect to the Licensed Applications
should be directed to:
CoffeeRun.
contact@TheCoffeeRunApp.com