Formation EULA

 

[B&W GROUP LIMITED]

[FORMATION APP & ANALYTICS SOFTWARE]

END USER LICENCE AGREEMENT (EULA)

 

BY CREATING AN ACCOUNT THROUGH THE APP OR SIGNING INTO AN EXISTING ACCOUNT THROUGH THE APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CREATE OR SIGN INTO AN ACCOUNT THROUGH THE APP.

WHO WE ARE AND WHAT THIS EULA DOES

We B & W Group Limited, a limited company incorporated in [England and Wales] with company number 880499 whose registered office is Dale Road, Worthing, West Sussex, UK BN11 2BH license you to use:

  • the Formation Set-up (formerly Bowers & Wilkins Home) and Bowers & Wilkins Music mobile applications (Apps)
  • the software embedded on your Formation product (Device Firmware)
  • the services you connect to via the Apps or Device Firmware (Services).

as permitted in these terms.

YOUR PRIVACY

We only use any personal data we collect through your use of the Apps, Device Firmware and the Services in the ways set out in the Formation fair processing notice.

YOUR APPSTORE’S TERMS ALSO APPLY

The ways in which you can use the Apps may also be controlled by the rules and policies of the relevant app store (for example, Apple’s App Store or Google’s Play Store) from which you downloaded the Apps. Please ensure you read and understand your app store’s rules and policies.

If you have downloaded the Apps from the Apple Apps Store, you acknowledge that:

  • the agreement set out in this EULA is between you and us, not with Apple Inc. (Apple) and that we are solely responsible for the Apps;
  • Apple is not responsible for providing any maintenance and support services with respect to the Apps;
  • we are solely responsible for any warranties made in respect of the Apps;
  • in the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, but to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Apps and Apple will not be responsible for addressing any claims relating to the Apps or your possession or use of the Apps, including product liability claims; any claims that the Apps fails to conform to any applicable legal or regulatory requirement; and any claims arising under consumer protection or similar legislation;
  • Apple is not responsible for the investigation, defence, settlement and discharge of any third party claim that the Apps or your possession and use of the Apps, infringes that third party’s intellectual property rights;
  • Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary; and
  • 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, nor are you listed on any U.S. Government list of prohibited or restricted parties.

If you have downloaded the Apps from the Google® Play™ Store, you acknowledge that the terms of the Google® Play™ Developer Distribution Agreement override this EULA to the extent of any conflict and that each member Google’s group of companies will be third party beneficiaries of this EULA and may enforce this EULA against you as a third party beneficiary.

OPERATING SYSTEM REQUIREMENTS

The operating system requirements for the Apps are set out on the download page.

SUPPORT FOR THE APP AND SOFTWARE AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the Apps, Device Firmware or the Services or have any problems using them please take a look at our support resources.

Contacting us (including with complaints). If you think the Apps, Device Firmware or the Services are faulty or wish to contact us for any other reason please email our customer service team at support@bowers-wilkins.com or call them on 0800 232 151.

How we will communicate with you. If we have to contact you we will do so by email or by pre-paid post, using the contact details you have provided to us.

HOW YOU MAY USE THE APP AND SOFTWARE

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

  • download a copy of the Apps on to your devices and use the Apps and the Services on those devices for your personal purposes only.
  • use the Device Firmware and the Services on the Formation product range for your personal purposes only.
  • receive and use any free supplementary software code or update of the Apps or Device Firmware incorporating "patches" and corrections of errors as we may provide to you.

We are giving you personally the right to use the Apps, Device Firmware and the Services as set out above. You may not otherwise transfer the Apps or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Apps is installed, you must remove the Apps from it.

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.

We will give you as much notice as reasonably possible of any change by sending you an email with details of the change or notifying you of a change when you next start the mobile application associated with your product and the Device Firmware.

UPDATE TO THE APPS OR DEVICE FIRMWARE AND CHANGES TO THE SERVICES

We may automatically update the Apps or Device Firmware and change the Services to improve performance, enhance functionality, reflect changes to the underlying operating system or address security issues.

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 Apps, Device Firmware or the Services.

We will try to maintain the Apps’s compatibility with older versions of your device’s operating system, but we will only fully support the two most recent major versions of an operating system (for example, iOS12 and iOS13).

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download the Apps's onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with this EULA, whether or not you own the phone or other device.

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)

Certain Services will make use of location data (being your mobile/handheld device’s proximity to your Product) sent from your mobile or handheld devices. You can turn off this functionality at any time by turning off the location services settings for the Apps on the device. If you use these Services, we will ask you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR PRODUCT

By using the Product you agree to us collecting and using technical information about the Product, the Device Firmware, and related hardware and peripherals to improve our products and to provide any Services to you.

LICENCE RESTRICTIONS

You agree that you will:

  • not provide, or otherwise make available, the Apps, Device Firmware or the Services in any form, in whole or in part to any person (other than someone in your household with access to your device) without our permission;
  • not modify, the whole or any part of the Apps or Device Firmware nor permit the Device Firmware 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 Apps and the Services on devices as permitted in this EULA;
  • not reverse engineer or create derivative works based on the whole or any part of the Apps, Device Firmware or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to obtain the information necessary to create an independent program that can be operated with the Apps or Device Firmware or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed without our to any third party to whom it is not necessary to disclose n order to achieve the Permitted Objective;
    • is not used to create any application or software that is substantially similar in its expression to the Apps or Device Firmware; o is kept secure;
    • is used only for the Permitted Objective; and
    • complies with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Apps, Device Firmware or any Services.

ACCEPTABLE USE RESTRICTIONS

You must:

  • not use the Apps, Device Firmware or any Services in any unlawful manner or in any manner inconsistent with this EULA;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the Apps, Device Firmware or any Services (to the extent that such use is not licensed by these terms);
  • not use the Apps, Device Firmware or any Services in a way that could damage, impair or compromise our systems or security or interfere with other users; and
  • not collect any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Apps, Device Firmware and the Services throughout the world belong to us (or our licensors) and the rights in the Apps, Device Firmware and the Services are licensed (not transferred) to you. You have no intellectual property rights in, or to, the Apps, Device Firmware or the Services other than the right to use them in accordance with these terms.

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.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The Apps and Device Firmware is for domestic and private use. 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 Apps. We recommend that you back up any content and data used in connection with the Apps, to protect yourself in case of problems with the Apps or the Services.

Check that the Apps and the Services are suitable for you. The Apps and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Apps and the Services (as described on the app store site) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the Device Firmware 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.

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

We may end your rights to use the Apps, Device Firmware or 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 Apps, Device Firmware or Services:

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

WE MAY TRANSFER THIS EULA 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 this EULA.

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

Only you and we (or our assignees or successors) may enforce the terms of this EULA.

IF A COURT FINDS PART OF THIS EULA 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 EULA, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this EULA, 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 EULA, 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 EULA AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts or the courts of the country in which you live. Nothing in this paragraph shall affect your legal rights as a consumer.

ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, submit a dispute for online resolution to the European Commission Online Dispute Resolution platform.