Apex for Individuals


APEX Pro Series End User Licence Terms

STATSPORTS SOFTWARE END-USER LICENCE AGREEMENT

Last updated: August 2018

PLEASE READ THIS END-USER LICENSE AGREEMENT (“AGREEMENT”) TERMS CAREFULLY BEFORE CLICKING THE “I AGREE” BUTTON, DOWNLOADING OR USING STATSPORTS TEAM SERIES PRO SOFTWARE (“SOFTWARE”).

BY CLICKING THE “I AGREE” BUTTON, DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT DOWNLOAD OR USE THE SOFTWARE.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We STATSports of Drumalane Mill, The Quays, Newry, Northern Ireland, BT35 8QS license you to use:

  • APEX Pro Series software (“Software”) and any updates or supplements to it.
  • The related electronic documentation (“Documentation”).
  • The service you connect to via the Software, namely our sports tracking service, and the content we provide to you through it (“Service”).

as permitted in these terms.

LICENSE

This End User License Agreement (“Agreement”) is made between STATSports Group Limited (“STATSports”) and you, the end user, for the use of for the use of APEX Pro Series (“Software”), as determined below. Your obligations under this agreement are signified by the use of the words “You” and “Your.”

Subject to the terms and conditions of this EULA, STATSports hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the Software and any included documentation, without the right to sublicense the Software, solely for your internal use on a computer that is compatible with the Software. You may not, nor permit any third party to, loan, lease, distribute, transfer or make available the Software to any third party.

YOU MAY NOT TRANSFER THE SOFTWARE TO SOMEONE ELSE

We are giving you the right to use the Software and the Service as set in this Agreement. Whilst you may have sharing rights as set out in the Agreement, you may not otherwise transfer the Software or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Software is installed, you must remove the Software from it.

YOUR PRIVACY

We only use any personal data we collect through your use of the Software and the Services in the ways set out in our contractual agreement with you.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Software or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

OPERATING SYSTEM REQUIREMENTS

This Software requires a Microsoft Windows 10 compatible device.

SUPPORT FOR THE SOFTWARE AND HOW TO TELL US ABOUT PROBLEMS

Support in relation to Software and services will be provided through your Account Manager.

HOW YOU MAY USE THE SOFTWARE

In return for your agreeing to comply with these terms you may:

  • download a copy of the Software onto your device and view, use and display the Software and the Service on such devices for your contractual purposes only.
  • use any Documentation to support your permitted use of the Software and the Service.
  • receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as we may provide to you.

CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

If you do not accept the changes you may not be permitted to continue to use the Software and the Service.

UPDATE TO THE SOFTWARE AND CHANGES TO THE SERVICE

From time to time we may automatically update the Software and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Software for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Software and the Services. Company may include a revised EULA with the updated version of the Software.

IF SOMEONE ELSE OWNS THE DEVICE YOU ARE USING

If you download or stream the Software onto any other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the other device.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the Software or any of the Services, you agree to us collecting and using technical information about the devices you use the Software on and related software, hardware and peripherals to improve our products and to provide any Services to you.

WE MAY COLLECT LOCATION DATA

Our sports tracking services including our heat map functionality and distance travelled metric, will make use of location data sent from your devices. The Software will not function without location services. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and services.

LICENCE RESTRICTIONS

You agree that you will:

  • except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the Software or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the Software, Documentation or Services, except as part of the normal use of the Software or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software, Documentation or Services nor permit the Software or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Software and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the Software;
  • is kept secure; and
  • is used only for the Permitted Objective under contract;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software or any Service.

ACCEPTABLE USE RESTRICTIONS

You must:

  • not use the Software or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the Software or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or any Service;
  • not use the Software or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Software, the Documentation and the Services throughout the world belong to us and the rights in the Software and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Software, the Documentation or the Services other than the right to use them in accordance with these terms.

COPYRIGHT.

The Software is protected by UK copyright laws  and international treaty provisions. Unauthorised use or copying of the Software is expressly prohibited, except as explicitly set forth in this EULA. Any copies that you are authorised to make pursuant to this EULA must contain the same, unmodified copyright and proprietary rights notices that appear in the Software.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The Software is for domestic and private use. If you use the Software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Please back-up content and data used with the Software. We recommend that you back up any content and data used in connection with the Software, to protect yourself in case of problems with the Software or the Service.

We are not responsible for events outside our control. If our provision of the Services or support for the Software or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event  but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

LIMITATION OF LIABILITY AND DAMAGES; EXCLUSION OF REMEDIES AND DAMAGES. IN NO EVENT WILL STATSports BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES OF ANY KIND ARISING UNDER OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS EULA. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING UNDER OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS EULA EXCEED THE AGGREGATE LICENSE FEES PAID BY YOU FOR THE LICENSE GRANTED HEREUNDER, OR, IF NO FEES HAVE BEEN PAID, THE SUM OF ONE POUND. THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF THE FORM OF ANY CLAIM HEREUNDER, WHETHER FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION OF THIS AGREEMENT OR ANY RELATED WRITING, FOR NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR OTHERWISE. THIS IS YOUR EXCLUSIVE REMEDY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

WE MAY END YOUR RIGHTS TO USE THE SOFTWARE AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the Software and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Software and Services:

  • You must stop all activities authorised by these terms, including your use of the Software and any Services.
  • You must delete or remove the Software from all devices in your possession and immediately destroy all copies of the Software which you have and confirm to us that you have done this.
  • We may remotely cease providing you with access to the Software and Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the products in the Northern Irish courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the Northern Irish courts. If you live in England you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.