TERMS

Please read carefully the terms and conditions of this end user license agreement (“EULA”) before using the software application (“APP”) provided by InCrowd Sports Ltd (“InCrowd”), a company registered in England and Wales with number 9366216. This is a legal agreement between InCrowd and you. This EULA, the InCrowd master terms of service (available at http://www.incrowdsports.com/terms.) and the InCrowd privacy policy (available at http://www.incrowdsports.com/privacy-policy) are incorporated herein by reference (collectively the “TERMS”) and govern the access and use of the APP. Any terms not defined in this EULA shall be given the same meaning as stated in the master terms of service.

By downloading, installing or using this APP you acknowledge and agree that:

•  your use of the APP is solely at your own risk;

•  the APP is licensed to you and you may use the App only as set forth in this EULA;

•  you consent to the collection and use of your personally identifiable information, including the transfer and processing of your information outside your home country, as outlined in the InCrowd Privacy Policy available at http://www.incrowdsports.com/privacy-policy.

•  you acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the APP, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees;

•  as set forth in this EULA, the APP is provided “as is”;

•  you may send an e-mail to enquiries@incrowdsports.comto have a copy of this EULA sent to you; and

•  if you are using the APP on an iOS product, you agree to and acknowledge the “Notice Regarding Apple,” below.

IF YOU DO NOT AGREE TO BE BOUND BY ABOVE TERMS (AS DESCRIBED IN FURTHER DETAIL BELOW) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.

MODIFICATION OF THE EULA.

InCrowd reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If InCrowd materially modifies this EULA it will post the updated EULA in the “About Menu” of the APP via a hyperlink or by other reasonable means now known or hereafter developed. By continuing to use the APP after InCrowd has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of and uninstall the APP. This Agreement will also govern any software upgrades and/or updates provided by InCrowd that upgrade and/or supplement the APP, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

LIMITED LICENSE

Conditioned upon your compliance with the terms and conditions of this EULA, InCrowd hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the APP solely for your personal use on a device (whether mobile device or other) owned or controlled by you. InCrowd reserves all rights in the APP not expressly granted to you in this EULA.

PHONE SETTINGS AND UNINSTALL PROCEDURES

As part of the installation and operation process of the APP, you may be changing your mobile device settings. By installing the APP, you agree you have approved such changes and you understand you can reconfigure such settings at any time from the “Settings Menu” available in the APP and in the configuration options available in your mobile device from within your mobile device Setting Menu. Such changes may include, without limitation, the following:

•  Allowing the APP to configure the WiFi, Bluetooth and other capabilities of the mobile device.

•  Allowing software updates of the APP once a new version is released and the ability to send notifications.

•  Allowing InCrowd access to location-based information.

•  To uninstall the APP, you may use the standard uninstall procedures offered by your device’s Operating System.

WARRANTY

There is NO WARRANTY for the software. InCrowd provides the Software “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Software is with you. You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any errors shall not constitute a breach of this EULA.

USE RESTRICTIONS

You may not use the APP in any manner that could: (i) damage, disable, overburden, or impair the APP (or any server or networks connected to the App), or (ii) interfere with any third party’s use and/or enjoyment of the APP (or any server or networks connected to the APP). Except as expressly specified in this EULA, you may not: (a) copy or modify the APP; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the APP to any third party; or (c) use the APP in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the APP, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of InCrowd and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the APP provided in object code or any other InCrowd products or services, in whole or in part, or permit or authorise a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

OPEN SOURCE

Any Open Source Software that may be accompanying the App is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein “Open Source Software” mean open source software components provided with the App that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the App. This EULA does not apply to any Open Source Software accompanying the App and InCrowd hereby disclaims any and all liability to you or any third party related thereto.

TERM AND TERMINATION

This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling and discontinuing your use of the APP. InCrowd may terminate support of the APP and/or this EULA, or limit or terminate your access to the APP at any time for any reason. Sections entitled Reservation of Rights, Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of this EULA.

LIABILITY

Nothing in this EULA shall exclude or in any way limit InCrowd’s liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law. InCrowd shall not be liable under or in connection with this EULA for:

•  loss of income;

•  loss of business profits or contracts;

•  business interruption;

•  loss of the use of money or anticipated savings;

•  loss of information;

•  loss of opportunity, goodwill or reputation;

•  loss of, damage to or corruption of data; or

•  any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

InCrowd’s maximum aggregate liability under or in connection with this EULA, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the price paid for the Software.
InCrowd’s liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.

You acknowledge that InCrowd is not responsible for any content accessed through use of the APP, and agree to indemnify and hold InCrowd, and its affiliates, officers, agents, partners, and employees, against any claim or demand made by any third party due to or arising out of such content.
LAW AND JURISDICTION This EULA, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English Law and submitted to the exclusive jurisdiction of the English courts.

NOTICE REGARDING APPLE

You acknowledge that this EULA is between you and InCrowd only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s 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 of this EULA. You hereby represent and warrant that (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.