Novahub End User Licence Agreement (EULA)
1 Scope of Licence Agreement (EULA)
Please read carefully before joining the Novahub service. This policy applies to Novahub Ltd. ‘We’ or ‘Us’ or ‘Novahub’ refers to Novahub Ltd.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or You) and Novahub Ltd, 20 Station Road, Cambridge, CB1 2JD, UK (Novahub, Us or We) for use of the internet access service via the Novahub service (the “Service”).
This EULA may be changed by Novahub at any time. Any revised policy will be loaded to this page.
2 Important notice
2.1 By joining and using the Service from Novahub You agree to the terms of this licence which will bind You.
3 Agreed terms
3.2 The Services will make use of location data sent from the Devices. If You use these Services, You consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.
3.3 The Service 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.
4 Grant and scope of license
4.2 You may continue to use the Service free of charge provided that you accept these terms.
4.3 You may stop using the Service at any time.
4.4 We may cease provision of the Services at any time.
5 Acceptable use restrictions
You must not:
5.1 use the Service 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 Service or any operating system;
5.2 infringe our intellectual property rights or those of any third party in relation to your use of the Service, including the submission of any material;
5.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
5.4 use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5.5 collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
5.6 send, receive, publish, post, distribute, disseminate, encourage or solicit receipt of, upload, download or use any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing, menacing or a breach of copyright or other intellectual property right or any other right of any person;
5.7 use the Service to transmit, store, publish or upload any electronic material which is known or is likely to cause, damage or destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
5.8 invade the privacy of another person, cause annoyance, inconvenience or needless anxiety to another person.
6 Intellectual property rights
6.1 You acknowledge that all intellectual property rights in the Services and the underlying technology belong to us or our licensors, and that you have no rights in, or to, the Service other than the right to use it in accordance with the terms of this EULA.
7 Limitation of liability
7.1 The Service is provided to you on an “as is” basis and therefore all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
7.2 Except as stated at clause 5.v below We shall not be liable to you in respect of any losses caused by failures, errors, delays or interruptions relating to the Service, including any failure to supply the Service due to events which are beyond our reasonable control.
7.3 We shall not be liable to you if any third party:
7.3.1 gains access to your connection to the Service or your Device; or
7.3.2 destroys or damages any data or information held by you or information about you which is held by us.
7.4 We shall have no liability in respect of indirect or consequential loss, such as loss of profits, business, costs, expenses, or any other form of economic loss.
7.5 Nothing in this EULA shall limit or exclude our liability for:
7.5.1 death or personal injury resulting from our negligence;
7.5.2 fraud or fraudulent misrepresentation; and
7.5.3 any other liability that cannot be excluded or limited by English law.
8.1 We may terminate this EULA immediately without notice to you:
8.1.1 if you commit a material or persistent breach of this EULA;
8.1.2 if you breach any of the Acceptable Use Restrictions; and
8.2 On termination for any reason:
8.2.1 all rights granted to you under this EULA shall cease;
8.2.2 you must immediately cease all activities authorised by this EULA, including your use of any Services;
8.2.3 we will cease providing you with access to the Service.
8.3 Termination of this EULA shall be without prejudice to the rights or remedies or either party accrued prior to the date of termination.
9 Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in 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 or interruptions in third party services (Event Outside Our Control).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
9.2.1 our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
9.2.2 we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
10 Other important terms
10.1 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.
10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.4 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.
10.5 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.
Version 2.0 – January 2018