End User Licence Agreement

PLEASE READ THESE TERMS BEFORE USING THE EYEWARE LITE EXPERIENCE. WE DRAW YOUR ATTENTION TO CLAUSES 4.3 (YOUR OBLIGATIONS AND RIGHTS) AND 6 (DICLAIMER).

THIS EXPERIENCE ALLOWS YOU TO SIMULATE THE MAJOR EYE CONDITIONS AFFECTING UP TO 2.2 BILLION PEOPLE WORLDWIDE.

1. WHO WE ARE AND HOW TO CONTACT US

1. 1.1 We are The Royal National Institute of Blind People, a charity registered in England and Wales under company number 226227 whose registered office address is The Grimaldi Building, 154a Pentonville Road, London, N1 9JE ("we", "us", "our").
2. 1.2 You can contact us by:
   1. email at eyeware@rnib.org.uk with the subject ‘EULA’
   2. post at FAO Eyeware, RNIB, The Grimaldi Building, 154a Pentonville Road, London, N1 9JE

2. TERMS

1. 2.1 These Terms apply to the individual who accepts these Terms ("you", "your", "user").
2. 2.2 If you use the Mobile App (as defined in clause 3.1), you will be asked to accept these Terms when you launch the mobile app. If you use the Web App (as defined in clause 3.1), you will be asked to accept these Terms the first time you use the Web app, and again if you have cleared your browsing data.
3. 2.3 By clicking "Accept", you acknowledge you:
   1. have read, understood and agree to these Terms and
   2. will be legally bound by these Terms.
4. 2.4 If you do not agree to these Terms, please click "reject". If you click "reject", you will not be permitted to use the Application (as defined at clause 3.1).
5. 2.5 We may amend these Terms from time to time, so you should save or print a copy of these Terms. These Terms are available at www.rnib.org.uk/eyeware ("Website").
6. 2.6 We will update our Website to confirm when we amend these Terms. Any changes will take effect when you accept the updated Terms the next time you use the Application. If you do not agree to any changes, please click "Reject". If you click "reject", you will not be permitted to use the Application.
7. 2.7 If you have any questions about these Terms (including any changes we make to these Terms), the Application and/or complaints relating to the Application, please contact us using the contact details at clause 1.2 above.

3. APPLICATION

1. 3.1 We have developed the 'Eyeware 2.0' mobile application ("Mobile App") and website application ("Web App"). The Mobile App and Web App are together defined as the "Application".
2. 3.2 The device requirements to use the Application are set out on the Website and/or the applicable App Store (as defined at clause 10), (as may be updated from time to time). In order to use the Application, you must ensure that your device meets such requirements.
3. 3.3 We operate the Application as we see fit and in our sole discretion and may make changes to the Application at any time. We have total control over the appearance, structure, content, functionality and user interface of the Application.
4. 3.4 The Application is made available free of charge.
5. 3.5 You must be over 18 to accept these Terms and use the Application.

4. YOUR OBLIGATIONS, RESTRICTIONS AND RIGHTS

1. 4.1 You must use the Application in accordance with these Terms.
2. 4.2 You agree that you will not:
   1. attempt to undermine the security or integrity of the Application or our systems or networks;
   2. use the Application in any way which may impair the functionality of the Application or other systems used to deliver the Application, or impair the ability of any other user to use the Application;
   3. attempt to gain unauthorized access to any materials other than those which you have been given express permission to access, to the system on which the Application is hosted or to the software used to deliver the Application;
   4. transmit or input into the Application any files, content or data that may damage any other user's computing devices or software;
   5. access all or part of the Application in order to develop a product which competes with the Application;
   6. use the Application for any unlawful purpose;
   7. introduce any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the software used to operate the Application;
   8. resell, sublicense or export the software used to operate the Application;
   9. modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer any computer programs or software used to operate the Application.
3. 4.3 The Application simulates sight loss and will obscure your vision. You must remain alert and aware of your surroundings when using the Application. Do not use the Application when operating a vehicle or machinery.
4. 4.4 We may terminate your right to use the Application on a permanent or temporary basis at our sole discretion if in our opinion, you have breached any of these Terms.
5. 4.5 You may have rights granted by law, and these Terms do not affect your legal rights. If there are any inconsistencies between your legal rights and these Terms, these Terms will override your legal rights, unless prohibited by law.

5. INTELLECTUAL PROPERTY RIGHTS

1. 5.1 In this Clause 5, "IPR" shall mean any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, anywhere in the world whether or not registered.
2. 5.2 All IPR relating to the Application is owned by, or licensed to, us. You do not have a right to use any IPR relating to the Application other than as expressly permitted by these Terms or law.
3. 5.3 We grant you a license to use the Application and any updates to it for the Duration (as defined at clause 8.1).

6. DISCLAIMER

1. 6.1 The Application is provided on an "as is" and "as available" basis.
2. 6.2 To the extent permitted by law, we make no promises or guarantees of any kind that the Application will:
   1. achieve any intended result or purpose;
   2. meet your requirements;
   3. always be secure and free from viruses (although we comply with industry standards and processes to prevent against the introduction of viruses, malware and malicious attacks that may harm the Application or the device that you use to access the Application);
   4. always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of the Application (in whole or part) from time to time;
   5. be accurate, error-free, complete or up-to-date;
   6. be compatible with all or any hardware and software you may use.
3. 6.3 The Application may link to third-party websites. These links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We are not responsible for third-party websites in any way. By linking to a third-party website, that does not mean we endorse the products, services, information (including the accuracy of such information), recommendations or other claims provided by such third party. You should check the third party's terms and conditions and privacy policy when you visit their websites.
4. 6.4 The Application is provided for general information and educational purposes only. The Application is designed to educate and increase awareness of visual impairments. The Application is not intended to be used as a visual aid and it does not offer any advice about visual impairments. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Application.
5. 6.5 The Application may permit you to operate the Application with third-party hardware devices. For example, a controller that utilizes Bluetooth technology. We do not promise or guarantee that the Application will be compatible with any third-party hardware devices.

7. Our responsibility for loss or damage suffered by you

1. 7.1 This Clause 7 sets out our entire liability (including any liability for the acts or omissions of our employees, agents and subcontractors) in respect of:
   1. any breach of these Terms;
   2. any use made by you of the Application; and
   3. any representation, statement or tortious act or omission (including negligence) made by us.
2. 7.2 Nothing in these Terms excludes our liability for:
   1. death or personal injury caused by our negligence;
   2. fraud or fraudulent misrepresentation; or
   3. any liability which cannot be legally excluded or limited.
3. 7.3 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
4. 7.4 If the Application is defective and damages a device or digital content belonging to you, we will repair the damage or pay you compensation. 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 caused by you failing to correctly follow installation instructions or to have in place any minimum system requirements advised by us.
5. 7.5 The Application is for personal and non-commercial use. If you use the Application for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6. 7.6 We exclude, to the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by law.

8. TERM AND TERMINATION

1. 8.1 These Terms shall apply from the date on which you accept these Terms by clicking "Accept" and will continue until:
   1. you delete the Mobile App;
   2. you cease using the Web App;
   3. we disable your access to the Application on a permanent basis pursuant to clause 4.3 above; or
   4. we withdraw the Application in its entirety, whichever is the earlier ("Duration").
2. 8.2 At the end of the Duration:
   1. all rights granted to you under these Terms shall cease; and
   2. you shall cease all activities authorized by these Terms.
3. 8.3 Any provision of these Terms that expressly or by implication is intended to come into or continue in force after the Duration, shall remain in full force and effect.
4. 8.4 The rights, remedies, obligations, or liabilities that we and you have accrued during the Duration shall not be affected.

9. Our privacy notice and cookies policy

1. 9.1 For more information on how your personal data is used in relation to the Application, please see our Privacy Notice.
2. 9.2 For more information about the type of cookies we use and how you can set your cookie preferences, please see our Cookies Policy.

10. OTHER terms

10.1 The ways in which you can use the Application may also be controlled by the Apple App Store and Google Play Store's rules and policies. The Apple App Store and the Google Play Store shall each be defined as an ‘App Store’. Such rules and policies will apply instead of these Terms where there are differences between the two.

11. other important terms

1. 11.1 You may not transfer any of your rights under these Terms to any other person, company or organization.
2. 11.2 We may transfer our rights under these Terms to another company or organization or ask another company or organization to fulfill any of our obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer or fulfillment will not affect your rights.
3. 11.3 Only you and we have rights under these Terms. No other person, company or organization shall have any rights under these Terms.
4. 11.4 These terms are governed by English law unless the mandatory laws or the jurisdiction in which you live override English law.
5. 11.5 You can bring claims against us in the English courts, or in the courts of the country you live in.
6. 11.6 We can claim against you in the courts of the country you live in.

BY CLICKING "ACCEPT" YOU AGREE TO THESE TERMS WHICH WILL LEGALLY BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK "REJECT". IF YOU CLICK 'REJECT', YOU WILL NOT BE ABLE TO USE THE APPLICATION.