The Official Life in the United Kingdom Test App

Terms and Conditions

PLEASE READ CAREFULLY AS THE FOLLOWING CONTAINS LEGAL INFORMATION RELATING TO YOUR USE OF THE MOBILE APPLICATION "Official Life in the UK Test" (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 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 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 "Official Life in the UK Test" mobile application software, the data supplied with the software, the associated media and any related updates and upgrades (App).

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

IMPORTANT NOTICE:

BY DOWNLOADING OR USING THE APP YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE, IN PARTICULAR THE PRIVACY POLICY DEFINED IN CONDITION 1.5 AND LIMITATIONS ON LIABILITY IN CONDITION 6 (available at www.tsoshop.co.uk/lituk-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).

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENCE THE APP 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

1

ACKNOWLEDGEMENTS

1.1

The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App, or any Service (unless they come with separate terms in which case those terms will apply). The App contains Apache® open-source software and 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.

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 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 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 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 on or in relation to any Device, whether or not it is owned by you.

1.5

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

1.6

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

1.7

By using the App, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

1.8

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.

1.9

Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2

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 on a single Device for your personal purposes only, subject to these terms, the Privacy Policy, the Apache Licence 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 nor may you reverse engineer or attempt to extract the source code of the App 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. The term of this EULA will commence on the date that you install or otherwise use the App and end on the earlier of the date that you dispose of the App 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 on any Apple-branded product that you own or control and the App 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.

3

RESTRICTED USE OF THE APP

3.1

You must not use the App 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 or any operating system. You must not disassemble, decompile, reverse-engineer or create derivative works on the whole or any part of the App. You must not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service. You cannot use the App in a manner that could damage or compromise our systems or security or interfere with other users. You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service.

4

INTELLECTUAL PROPERTY RIGHTS

4.1

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

5

DISCLAIMER OF WARRANTIES

5.1

To the fullest extent permissible under applicable law, the App 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.

5.2

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.

5.3

We do not warrant: against interference with your enjoyment of the App; that the App will meet your requirements; that the operation of the App will be uninterrupted or error-free; that the App will interoperate or be compatible with any other App; that any errors in the App will be corrected; or that the App will be available for reinstalls to the same or multiple devices.

5.4

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.

6

LIABILITY FOR THE APP

6.1

You acknowledge that the App 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 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

We will not be liable for any failure to perform, or delay in the performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. Despite such events, we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed.

6.4

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.

6.5

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.

6.6

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.

7

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

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

8

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.

9

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.