The Official ITIL® Exam App

Terms and Conditions

PLEASE READ CAREFULLY AS THE FOLLOWING CONTAINS LEGAL INFORMATION RELATING TO YOUR USE OF THE MOBILE APPLICATION "Official ITIL® Exam App" (the App). IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET OUT IN THIS DOCUMENT, YOU MUST NOT DOWNLOAD OR YOU MUST STOP USING THE APP IMMEDIATELY. BY USING OR CONTINUING TO USE THIS APP YOU ARE HEREBY CONSENTING TO THESE TERMS.

INTELLECTUAL PROPERTY RIGHTS IN THE APP CONTENT (THE AXELOS RULES)

1.1

You acknowledge that AXELOS owns all text, information, data, images, audio or video material in whatever medium or form displayed within the App (Content) and that:

1.2

So far as it is legally possible, AXELOS Limited does not exclude any warranties, conditions, terms, or representations as to the quality and suitability of the Content. Nothing shall exclude or limit any rights you receive by law.

1.3

Every effort has been made to ensure that the Content contained in this App is accurate at the time of publication.

1.4

Neither AXELOS nor The Stationery Office can be held responsible for any inaccuracies. Information in this App is for guidance only.

1.5

The intellectual property (including but not limited to copyright and trade marks) of the AXELOS portfolio of products is owned by AXELOS Limited. If you want to re-use any materials or trademarks contained within the AXELOS portfolio of publications or products, you will require an appropriate licence to do so. By licensing re-use of AXELOS material, AXELOS ensures that products and services associated are using the most current material and are of acceptable quality. For more information on licences, please contact licensing@axelos.com

INTELLECUTAL PROPERTY RIGHTS IN THE APP SOFTWARE OWNED BY APACHE

The App contains software licensed under the Apache Licence, Version 2.0 (the Apache Licence); you may not use this file except in compliance with the Apache Licence. Unless required by applicable law or agreed to in writing, software distributed under the Apache Licence is distributed on an "as is" basis, without warranties or conditions of any kind, either express or implied. See the Apache Licence for specific language governing permissions and limitations under the Apache Licence. You may obtain a copy of the Apache Licence at http://www.apache.org.licenses/LICENSE-2.0

INTELLECTUAL PROPERTY RIGHTS IN THE APP SOFTWARE OWNED BY TSO

Below is the end-user licence agreement (EULA) which is a legal agreement between you (End-user or you) and The Stationery Office of 55 Wells Street, London, W1A 3AE (Licensor, us or we) for the software contained in the mobile application "Official ITIL® Exam App" and any related updates and upgrades (App Software).

We licence use of the App Software to you on the basis of this EULA and subject to any rules or policies applied by AXELOS, any appstore provider or operator (Appstore) from whose site the App was downloaded (Appstore Rules). We do not sell the App Software to you. We remain the owners of the App Software at all times.

IMPORTANT NOTICE:

BY DOWNLOADING OR USING THE APP YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE, INCLUDING AXELOS' PRIVACY POLICY (available at www.tsoshop.co.uk/itil-app-privacy-policy) AND THE PROHIBITION ON EXPORTATION, RE-EXPORTATION OR DOWNLOADING OF THE APP TO ANY U.S. EMBARGOED COUNTRIES OR TO ANYONE ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. DEPARTMENT OF COMMERCE DENIED PERSON'S LIST OR ENTITY LIST (in Condition 2.3) and LIMITATIONS ON LIABILITY (in Condition 6).

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENCE THE APP SOFTWARE TO YOU AND YOU MUST NOT DOWNLOAD OR YOU MUST STOP USING THE APP. You should print a copy of this EULA for future reference.

AGREED TERMS

ACKNOWLEDGEMENTS

1.1

The terms of this EULA apply to the App Software, including any updates or supplements to the App Software. The App contains AXELOS copyright and Apache® open-source software. The terms of the Apache Licence may expressly override some of the terms of this EULA. It is your obligation to make sure that you comply with the Apache Licence or any rules set by AXELOS governing your use of the App and Content.

1.2

We may change these terms at any time by notifying you. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.

1.3

From time to time updates to the App Software may be issued through the Appstore or the App. Depending on the update you may not be able to use the App until you have downloaded or streamed the latest version of the App Software and accepted any new terms.

1.4

You will be assumed to have obtained permission from the owners of the mobile telephone or handheld device that are controlled, but not owned, by you (Device) and to download or stream a copy of the App Software onto the Device. You and they may be charged by your and their service providers for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App Software on or in relation to any Device, whether or not it is owned by you.

1.5

The terms of AXELOS' privacy policy from time to time, available at www.tsoshop.co.uk/itil-app-privacy-policy(Privacy Policy) are incorporated into this EULA by reference.

1.6

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

1.7

The App may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

LICENCE TO USE THE APP SOFTWARE

2.1

In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to download, view, use and display the App Software on a single Device for your personal purposes only, subject to these terms, the Privacy Policy, the Apache Licence, AXELOS' rules (the AXELOS Rules) and the Appstore Rules, incorporated into this EULA by reference. You are expressly prohibited from copying, modifying, distributing, selling or leasing any part of the App Software nor may you reverse engineer or attempt to extract the source code of the App Software unless applicable laws prohibit those restrictions or you have our written permission. You must comply with any technology control or export laws and regulations that apply to the technology used or supported by the App Software. The term of this EULA will commence on the date that you install or otherwise use the App Software and end on the earlier of the date that you dispose of the App Software or we terminate the EULA. We reserve all other rights.

2.2

If your Device is an Apple-branded product you can use the App Software on any Apple-branded product that you own or control and the App Software may be accessed and used by other accounts associated with your Device via Family Sharing provided that you comply with the Appstore Rules at all times.

2.3

You may not export or re-export the App (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entry List. By using the App you represent and warrant that you are not located in any such country or on any such list.

RESTRICTED USE OF THE APP SOFTWARE

3.1

You must not use the App Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App Software or any operating system. You must not infringe our intellectual property rights or those of any third party in relation to your use of the App Software. You cannot use the App Software in a manner that could damage or compromise our systems or security or interfere with other users.

INTELLECTUAL PROPERTY RIGHTS

4.1

You acknowledge that all intellectual property rights in the App Software anywhere in the world belong to us or our licensors, that rights in the App Software are licensed (not sold) to you, and that you have no rights in, or to, the App Software other than using it as described in this EULA.

DISCLAIMER OF WARRANTIES

5.1

To the fullest extent permitted by applicable law, the App Software is provided to you "as is" with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. We do not make, and hereby disclaim, any and all express, implied or statutory warranties, including any implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights and warranties (if any) arising from a course of dealing, usage or trade practice. We do not warrant against interference with your enjoyment of the App Software; that the App Software will meet your requirements; that the operation of the App Software will be uninterrupted or error-free; that the App Software will interoperate or be compatible with any other App Software; that any errors in the App Software will be corrected; or that the App Software will be available for reinstalls to the same or multiple devices. No oral or written advice provided by us or any authorised representative shall create a warranty. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions may not apply to you.

LIABILITY FOR THE APP SOFTWARE

6.1

You acknowledge that the App Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App Software meet your requirements.

6.2

To the fullest extent permitted by applicable law, in no event shall we be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer failure or malfunction or any other form of direct or indirect, special, incidental, consequential or punitive damages from any causes of action, arising out of or related to this EULA or the App whether arising in tort (including negligence) contract, strict liability or otherwise whether or not we have been advised of the possibility of such damage, some jurisdictions do not allow a limitation of liability for death, personal injury, fraudulent misrepresentations or certain intentional or negligent acts or violation of specific statutes or the limitation of incidental or consequential damages, so some or all of the above limitations of liability may not apply to you. In no event shall our liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the App.

6.3

The Appstore is not responsible for any claims or complaints relating to the App unless the App does not conform to an applicable warranty, in which case you may contact the Appstore and they may refund you the purchase price of the App. To the maximum extent permitted by applicable law, this will be the Appstore's only liability to you in relation to any warranty.

6.4

Any claims or complaints about the App must be brought to our attention using the contact details listed at Condition 8.1 of this EULA.

6.5

Your legal rights as a consumer are not affected. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading Standards Office.

TERMINATION

7.1

We may terminate this EULA if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after we have notified you of the breach.

7.2

If our rights to publish the Content expire or terminate, the App will no longer be supported by us.

7.3

On termination for any reason all rights granted to you under this EULA shall cease and you must immediately stop using the App Software and remove the App Software from all your Devices.

COMMUNICATION BETWEEN US

8.1

If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to The Stationery Office at 18 Central Avenue, St Andrews Business Park, Norwich, Norfolk NR7 0HR and feedback@tso.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you wish to contact us by telephone, please call us on 0333 200 2425.

8.2

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

OTHER IMPORTANT TERMS

9.1

We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

9.2

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

9.3

If you do not comply with the terms of this EULA and we do not take immediate action against you, this does not mean that we are giving up any rights that we may have, such as taking action in the future.

9.4

Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

9.5

Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

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