EULA

APPSANYWHERE – END USER LICENCE AGREEMENT

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY INPUTTING YOUR USER NAME AND PASSWORD AND SIGNING INTO APPSANYWHERE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT SIGN INTO APPSANYWHERE. ALTERNATIVELY, IF ACCESSING THE SOFTWARE BY ALTERNATE MEANS, THEN BY ACCEPTING THIS AGREEMENT YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT

Who we are and what this agreement does

We, AppsAnywhere Limited, registered in England & Wales at The Foresters Arms, 35 Kirkgate, Sherburn in Elmet, North Yorkshire, LS25 6BH, hereby license you to use AppsAnywhere and related products including AppsAnywhere Client, AppsAnywhere Server and any updates or supplements to it (hereon called “AppsAnywhere”), as permitted in these terms. If you have not accepted each additional EULA separately, and if you are using any of the following associated delivery mechanisms contained within AppsAnywhere, then you will also be required to adhere to the Cloudpaging EULA from Numecent and/or the Parallels EULA from Parallels GmbH as well as any other EULA’s of software delivered by AppsAnywhere or any other delivery mechanisms available from AppsAnywhere.

By using AppsAnywhere, you agree to AppsAnywhere processing your personal data in accordance with our Data Protection Statement and Privacy Policy.

Your privacy

We do not retain any of your personal data that we collect for the purposes of delivering AppsAnywhere service we just use the personal data we request from you to verify that you are who you say you are. Full details of how we deal with your personal data are set out in our privacy policy.

Different privacy policies and/or EULA’s may apply to each app that you launch using AppsAnywhere Please check the privacy policies applicable to each app that you download.

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

Other terms may apply

Other rules, terms and policies may apply to AppsAnywhere.

Operating system requirements

The minimum system requirements, and the operating systems that will support AppsAnywhere, are set out in the Schedule to this agreement.

Please note that any other apps that you may access through AppsAnywhere may have their own separate minimum system requirements (which may be more restrictive than those set out in the Schedule to this agreement).

Support for AppsAnywhere

Support. You should contact your local systems administrator support. If you want to learn more about AppsAnywhere please take a look at our resources online. Please note, we do not provide support directly to end users.

How you may use AppsAnywhere

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

  • Download and install AppsAnywhere client onto any number of type of devices (subject to the operating system requirements in the Schedule) and view, use and display AppsAnywhere on such devices for your personal purposes only.
  • Use AppsAnywhere within any supported browser.
  • Launch software applications from within AppsAnywhere subject to any associated EULA’s or license terms.
  • Receive and use any free supplementary software code or update of AppsAnywhere incorporating “patches” and corrections of errors as we may in our discretion provide to you.

You may not transfer AppsAnywhere to someone else

We are giving you personally the right to use AppsAnywhere. You may not otherwise transfer or permit third party access to AppsAnywhere whether for money, for anything else or for free. If you sell any device on which AppsAnywhere is installed, you must remove AppsAnywhere 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 endeavour to give you at least 30 days’ notice of any change by notifying you of the change when you next start AppsAnywhere. If you do not accept the notified changes you may not be permitted to continue to use AppsAnywhere.

Update to AppsAnywhere

From time to time we may automatically update AppsAnywhere to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update AppsAnywhere 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 AppsAnywhere or you may experience reduced functionality, or level of support.

If someone else owns the device you are using

If you download, stream or install AppsAnywhere onto any 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 device.

We may collect technical data about your device that enables us to deliver a service. We do not use any device information for any other purpose than providing you with support.

By using AppsAnywhere, you agree to us collecting and using limited technical information about the devices you use AppsAnywhere and related software, hardware and peripherals to improve our products and to provide any services to you.

We are not responsible for other websites you link to

AppsAnywhere will contain or enable links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available AppsAnywhere in any form, in whole or in part to any person without prior written consent from us. For the avoidance of doubt this includes sharing credentials with anyone or letting them use it under your login;
  • not copy AppsAnywhere, except as part of the normal use of AppsAnywhere 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 AppsAnywhere, nor permit AppsAnywhere or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use AppsAnywhere 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 AppsAnywhere 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) to obtain the information necessary to create an independent program that can be operated with AppsAnywhere or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without our 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 AppsAnywhere;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by AppsAnywhere.

Acceptable use restrictions

You must:

  • not use AppsAnywhere 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 AppsAnywhere or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of AppsAnywhere (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 AppsAnywhere;
  • not use AppsAnywhere 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 our systems or attempt to decipher any transmissions to or from our servers.

Intellectual property rights

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

Our responsibility for loss or damage suffered by you

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. 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.

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. If you use AppsAnywhere for any commercial, business or resale purpose other than its intended use then we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to AppsAnywhere. What information there is available to you on AppsAnywhere, is provided for general information purposes only. It does not constitute advice on which you should rely. Although we make reasonable efforts to update the information provided by AppsAnywhere, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

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

Check that AppsAnywhere is suitable for you. AppsAnywhere has not been developed to meet your individual requirements. Please check that the facilities and functions of AppsAnywhere meet your requirements.

We do not guarantee that AppsAnywhere will be permanently available and we do not guarantee that AppsAnywhere is error free. As such you acknowledge that there may be times when you cannot access AppsAnywhere (or any other apps made available through it) and we will not be liable in respect of any such unavailability.

We may end your rights to use AppsAnywhere if you break these terms

We may end your rights to use AppsAnywhere at any time by contacting you if you have broken these terms in a serious way.

If we end your rights to use AppsAnywhere:

  • You must stop all activities authorised by these terms, including your use of AppsAnywhere.
  • You must delete or remove AppsAnywhere from all devices in your possession and immediately destroy all copies of AppsAnywhere which you have and confirm to us that you have done this.

We may remotely access your devices and remove AppsAnywhere from them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation.

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 English law. Legal proceedings in respect of AppsAnywhere may only be commenced in the English courts.

SCHEDULE

AppsAnywhere (General) Supported Operating Systems:

  • Windows 7 +
  • Windows Server 2008 +
  • Chrome OS
  • Mac OS 10.7 +
  • iOS 7 +
  • Android Jellybean +
  • Linux
    • Fedora
    • Mint
    • CentOS/Redhat
    • SUSE
    • Ubuntu

AppsAnywhere Client Supported Operating Systems:

  • Windows 7 +
  • Windows Server 2008 +
  • Mac OS 10.7 +

Minimum System Requirements (End-user devices):

  • Microsoft .NET Framework 3.5 (will be installed if not already present)
  • Window Installer Version 3.1 (required for .NET 3.5)
  • Processor 2Ghz
  • RAM 2Gb
  • Free Hard Disk Space:
    • AppsAnywhere – 50Mb
    • .Net Framework 3.5 – 610Mb
  • Internet connection > 2mbps
  • Browsers:
    • IE 10+
    • Chrome
    • Firefox
    • Edge
    • Safari (Mac)

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