McLAREN AUTOMOTIVE LIMITED MOBILE APPLICATION END-USER LICENCE TERMS

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.

 

This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and McLaren Automotive Limited of McLaren Technology Centre, Chertsey Road, Woking, Surrey GU21 4YH (“McLaren”, “us” or “we”) for:

 

  • McLaren P1™ mobile application software, the data supplied with the software, and the associated media (“App”); and

 

  • any associated online or electronic documents (“Documents”).

 

We license use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (“Appstore”), the End-user downloaded the App (“Appstore Rules”) from. We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

 

OPERATING SYSTEM REQUIREMENTS

 

THIS APP REQUIRES A DEVICE WITH A MINIMUM OF 50M OF MEMORY. INTERNET ACCESS AND THE ANDROID OPERATING SYSTEM VERSION 2.2 AND UP OR iOS 4.3 OR LATER.

 

IMPORTANT NOTICE:

 

·         BY DOWNLOADING THE APP FROM THIS WEBSITE YOU AGREE TO THE TERMS OF THE LICENCE WHICH WILL BIND YOU.

 

·         IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST NOT DOWNLOAD OR USE 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 apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

 

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

 

1.3           From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services 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 devices that are controlled, but not owned, by you and described in Clause 2.2(a) (“Devices”) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service 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 http://cars.mclaren.com/privacy-policy (“Privacy Policy”) are incorporated into this EULA. Additionally, by using the App or any Service, 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 or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

1.6           By using the App or any of the Services, 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, this information includes but is not limited to basic analytic information (chapter usage, page visits, etc), device type and information about the device (version of iOS, memory, etc), number of crashes and number of installs.

 

1.7           Certain Services, may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings.

1.9           The App or any 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.

 

1.10         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.             Grant and Scope of Licence

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 use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2           You may:

 

(a)           download or stream a copy of the App onto a Device and view, use and display the App on the Device for your personal purposes only; and

 

(b)           use the Documents for your personal purposes only.

 

3.             TRADEMARKS

The McLaren name, any McLaren company registered trade mark or community registered design, the McLaren logo and all related names, logos, product and service names, designs and slogans are trademarks of McLaren or its affiliates or the McLaren Technology Group company or its affiliates, or McLaren’s licensors. You must not use such marks without the prior written permission of McLaren. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

4.             Licence Restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

 

(a)           not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

 

(b)           not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;

 

(c)           not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

 

(d)           not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

 

(i)            is used only for the purpose of achieving inter-operability of the App with another software program;

               

(ii)           is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

 

(iii)          is not used to create any software that is substantially similar to the App;

 

(e)           to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

 

(f)            to include our copyright notice on all entire and partial copies you make of the App on any medium;

 

(g)           not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

 

(h)           to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”),

 

together the “Licence Restrictions”.

 

4.             Acceptable Use Restrictions

You must:

 

(a)           not use the App or any 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 App, any Service or any operating system;

 

(b)           not print off, download, copy or use any content on the App or Documents or download any extracts, of any page(s) from the App or Documents for commercial purposes without a valid licence to do so;

 

(c)           not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this EULA);

 

(d)           not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

 

(e)           not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

 

(f)            not 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.

 

together Acceptable Use Restrictions.

 

5.             DISCLAIMER

5.1           The views and opinions contained on the App and Documents are not necessarily those of McLaren or any of its affiliates, subsidiaries or any company within the McLaren Technology Group Limited group of companies.

5.2           The content included on the App and Documents is only for general information only and is provided on an “as is” and “as available” basis. McLaren has made every effort to ensure the accuracy of the information contained on the App and Documents, however, mistakes can occur and McLaren accepts no responsibility for any reliance on any of the information listed on the App or Documents including but not limited to inaccuracies, mistakes, errors, omissions, delays, or any other deficiencies in the App or the Documents and its content and the App or the Documents should not be regarded as an infallible guide to McLaren’s products and services.

5.3           Any reference on the App or Documents to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of national speed limits.

5.4           McLaren may update the App or Documents from time to time, and may change the content at any time. However, please note that any of the content on the App or Documents may be out of date at any given time, and McLaren are under no way obligation to update the Website.

5.5           You are advised to check vehicle specification, pricing and aftersales details with your official McLaren retailer. Colour samples are intended as a guide only.

6.             VEHICLE CONFIGURATORS, SPECIFICATIONS AND AVAILABILITY

6.1           You may use any McLaren vehicle application and configurator that is accessible via the App. You should note that these are intended to provide an indication of the various specifications and finishes that are available for McLaren’s vehicle range. All information, illustrations and specifications in our configurators and other applications are based on data available and are correct at the time of issue.  The availability of options may vary from market to market due to local restrictions and regulations.  Some illustrations in these applications may not necessarily reflect the specifications or options available in your local market and may show optional equipment.  The specifications contained in these applications are for information purposes only and McLaren Automotive reserves the right to change product specifications at any time without notice or incurring obligation.  For full specification details and information on standard and optional equipment, please consult your authorised McLaren Retailer.

6.2           For the availability of McLaren’s vehicle range in specific countries, as well as specific options, pricing and combinations, please consult a McLaren retailer sales person at the time of ordering.

7.             PRODUCTS AND SERVICES.

7.1           The provision of details of products and services on the App are not, and should not be construed as, an offer to sell or supply such products or services, and the seller or supplier may always accept or reject your offer at its sole discretion.

7.2           All products and services on the App are subject to availability and may be withdrawn without notice. All products and services and all prices are also subject to change without notice.

7.3           Any pre-owned and used vehicles advertised on the App are sold as seen including any damage or faults.

8.             Intellectual Property Rights

8.1           You acknowledge that all intellectual property rights in the App, Documents and the Technology 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, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.

 

8.2           You acknowledge that you have no right to have access to the App in source-code form.

 

9.             Warranty

9.1           You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

9.2           WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE PHONE, MOBILE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP, DOCUMENT OR SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY WEBSITE LINKED TO IT.

9.3           YOUR USE OF THE APP, ITS CONTENT, DOCUMENTS AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, DOCUMENTS AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MCLAREN NOR ANY PERSON ASSOCIATED WITH MCLAREN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MCLAREN NOR ANYONE ASSOCIATED WITH MCLAREN REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP, DOCUMENTS OR SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

9.4           MCLAREN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

9.5           THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10.           Limitation of Liability

10.1         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 as described in the Documents meet your requirements.

 

10.2         We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and IN NO EVENT WILL McLAREN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, THE SERVICES, THE DOCUMENTS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

10.3         Nothing in this EULA shall limit or exclude our liability for:

 

(a)           death or personal injury resulting from our negligence;

 

(b)           fraud or fraudulent misrepresentation; and

 

(c)           any other liability that cannot be excluded or limited by English law.

 

11.           Termination

11.1         We may terminate this EULA immediately by written notice to you:

 

(a)           if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

 

(b)           if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and

 

11.2         On termination for any reason:

 

(a)           all rights granted to you under this EULA shall cease;

 

(b)           you must immediately cease all activities authorised by this EULA, including your use of any Services; and

 

(c)           you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;

 

12.           Contact Information

 

12.1         Please contact us if you have any questions in relation to the terms of this EULA or would like to make corrections to any personal data you have provided to us or if you no longer wish to receive future correspondence from us or wish to withdraw your consent to sharing your personal data with others.

The contact details are as follows: [email protected]

Please include your name and address so we are able to easily identify you.

If you would prefer to contact us via post please send any correspondence to the below address:

 

Client services

McLaren Technology Centre

Chertsey Road

Woking

Surrey

GU21 4YH

 

13.           JURISDICTION     

 

The construction validity and performance of these Terms and Conditions and all non-contractual obligations arising from or connected with these Terms and Conditions shall be governed by the laws of England and Wales. Any disputes arising here from shall be governed by the exclusive jurisdiction of the courts of England and Wales.  If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, it shall be severed and deleted from this clause. All other Terms of Use and Terms & Conditions shall remain in full force and continue to be binding and enforceable. McLaren reserves the right to revise and amend these Terms and Conditions from time to time. You agree to be bound by the Terms and Conditions as displayed at the time you use the Website.

 

If you do not accept these Terms and Conditions in full, you must stop using the App immediately and delete it from any Device you have downloaded it on to.

 

Copyright © 2015 McLaren Automotive Limited. All Rights Reserved. Unless permitted by these Terms and Conditions no part of the Website may be reproduced without written consent of McLaren.

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