Education Through Animation Mobile Application Licence Agreement
This Education Through Animation Mobile Application Licence Agreement (Agreement) sets out the terms and conditions between Education Through Animation Pty Ltd (ETA), the owner of the Times Table made Easy application (ETA App) and you, the user of the ETA App. The Agreement applies to the way in which you can download, install, access and operate ETA App.
By using the ETA App, you agree to be bound by the Agreement.
In order to access the ETA App you must first have registered and created an account with us. You must be over the age of 18 years or have the permission of your parent/guardian to create an account and download and use the ETA App.
Security of password where given
You will be solely responsible for all access to and use of the ETA App by anyone using your password and user name whether or not such access to and use of the ETA App is actually authorised by you.
You are solely responsible for protecting the security and confidentiality of your user name and password. You must immediately notify ETA of any unauthorised use of your user name or password or any other breach or threatened breach of the ETA App’s security.
ETA grants you a non-exclusive, non-transferable licence to download, install, access and operate the ETA App on any approved smartphone, tablet or other similar mobile device (Device) that you own or control and as permitted by the terms and conditions of any agreement you entered into with the app store from which you are downloading the ETA App.
You must not:
- sell, resell, rent, lend, license, transfer, redistribute or sublicense the ETA App;
- make the ETA App available over a network where it could be accessed and used by multiple devices at the same time (unless otherwise agreed in writing);
- copy, alter, modify, adapt, reproduce, republish, frame, translate, disassemble, reverse engineer, decompile, create a derivative work from or enhance the ETA App and/or any content in the ETA App (except as expressly permitted by this Agreement or other applicable law);
- use the ETA App so that it infringes our rights or the rights of third parties;
- take any steps to circumvent any technological protection measure or security measures in the app; or
- authorise anyone else to do any of the above acts.
This Agreement will apply to any modifications or upgrades provided by ETA for the ETA App unless the modification or upgrade has its own agreement in which case the terms of that agreement will apply.
ETA may modify, discontinue or suspend, either temporarily or permanently, the ETA App with no liability to you.
ETA is the owner or licensee of all intellectual property rights including copyright, trade marks, patents, inventions and designs, whether registered or unregistered, and all rights of a like nature, in the ETA App and the content you access when you use the ETA App. You must not remove, obscure or alter ETA’s copyright notice or any other trade mark or proprietary rights notices contained in or accessed via the ETA App. You must not do anything that does or might invalidate or be inconsistent with our intellectual property rights.
User generated content
ETA is not responsible for any information or data uploaded to the ETA App by you or any other person. You give ETA an irrevocable, non-exclusive, royalty-free, worldwide, transferable, sublicensable licence to use any content that you provide to ETA via the ETA App or via the ETA website, or anywhere ETA deems appropriate for its business purposes.
ETA is not responsible for the content of any communications you receive from another user of the ETA App which is the result, whether direct or indirect, of your use of the ETA App.
This Agreement commences on the day you download the ETA App and remains in force until terminated by either you or ETA. Your rights under this Agreement and your ability to access and operate the ETA App will terminate immediately and without notice if you breach any of the terms of this Agreement unless that breach can be remedied and you actually remedy the breach within 14 days of receiving notice of the breach from ETA.
ETA may terminate this Agreement at any time if ETA discontinues providing the ETA App or any computer server or website required for the intended operation of the ETA App becomes unavailable.
If this Agreement is terminated for any reason, you must immediately stop all use of the ETA App and promptly delete all copies of the ETA App in your possession or control.
On termination, ETA may delete all electronic records created while you used the ETA App. It is your responsibility to keep independent records.
Limitation of liability
To the extent permitted by law, ETA does not represent that the information and content displayed on the ETA App is accurate, correct, up-to-date or error free. The ETA App is provided on an “as-is” basis and you use it at your own risk.
Except as expressly set out in this Agreement, and subject to any representations, terms, guarantees, warranties or conditions that by law may not be excluded, all representations, conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to the services provided by us under this Agreement are excluded.
To the extent permitted by law, ETA is not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity, loss of data or business interruption, or any other cause or situation, arising out of or in connection with the use of, or the inability to use, the ETA App whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
If you are a “consumer” for the purposes of the Australian Consumer Law, to the maximum extent permitted by law, ETA’s liability to you is limited at ETA’s option to: (a) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (b) in the case of services, resupply of the services or payment of the cost of re-supplying the services.
Apple Inc and Google Inc
ETA and you each agree that Apple Inc (Apple) and Google Inc (Google), and Apple's and Google's respective subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple or Google, whichever is applicable, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this EULA.
Your use of the ETA App may also be subject to terms and conditions of use which were accepted when you set up your account with Apple or Google.
If part or all of any of this Agreement is illegal or unenforceable it will be severed from the Agreement and will not affect the continued operation of the remaining provisions of the Agreement.
ETA reserve the right to amend this Agreement from time to time. Any changes will take effect 30 days after notification unless you object to the changes before the end of the 30 days.
This Agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
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Last modified: 25 March 2020