Asthma phone app – legal stuff

Stuff – yes, that’s the technical term.

By downloading the software, you agree to the following terms (below the break line). Bear in mind the following points, but read the whole agreement:

  1. It’s free of charge – don’t pay someone else for it, or charge people to distribute it yourself.
  2. I retain the copyright – I own the legal right to update/change, distribute or withdraw the app, and this is absolute. Even if you’re not charging, you cannot redistribute the apps (for example, by putting copies of them on your website) without permission. Instead, just link to here and people can download the latest version for free. If you really want to redistribute a copy, contact me to obtain permission.
  3. There is no warranty. To the maximum extent allowable in law, I am not responsible for you using this app. It’s provided as a good-will gesture, because I found it useful for myself. It’s not a medical aid, and it’s not going to tell you how to treat or control your asthma. My professional liability means that I can’t guarantee this as a safety-critical system; and it should not be relied upon to save life.
  4. I subscribe to the British Computer Society Code of Conduct and Code of Good Practice, which govern my professional conduct and practice.
  5. I live in Scotland, in the UK. Jurisdiction for the licensing terms remains with the Scottish courts, so the law in Scotland applies to the licensing and copyright – not England and Wales.
The Java app is Copyright Fraser McKay 2009. All rights reserved.
The Android app is Copyright Fraser McKay 2010. All rights reserved.
Both the Java and Android versions are distributed under the following license:
SOFTWARE LICENSE
The term “software” refers to any computer program downloaded from Fraser McKay. The term “the author” refers to Mr Fraser McKay. The term “the user” refers to the person using the software, including anyone who downloads it. The term “mobile device” refers to any electronic device capable of executing the software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,  RISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
  1. The user may download and run one copy on each mobile device in their possession. All other rights are reserved.
  2. The user may not decompile, disassemble or reverse-engineer the software. Nobody except the author may make modifications to the software.
  3. The user may not sell or hire the software, or redistribute it in any other whether or not that would result in material or financial benefit to themselves. The software is distributed by the author free of charge.
  4. The author retains all rights and titles in regards to the software. Except for the rights set out in this license, all rights are reserved. The copyright is owned exclusively by Mr Fraser McKay. The user may not claim any ownership or authorship to the software, or any affiliation to the author.
  5. The author disclaims any warranty as far as is permissible by law. In any event, the author shall not be liable for any damages incurred through use of the software, except for a refund of any amount paid for the software. The software is not a medical product. It should not be relied upon as such. No claim is made as to its safety.
  6. This agreement may be terminated by the author at any time. At such time, the user will erase all copies of the software, any related computer data, and return all physical materials relating to the software to the author.
  7. If at any time any provision of this agreement is found to be illegal, unenforceable or invalid in whole or in part then the remaining portions of such provisions and other provisions of this agreement continues to be binding and in full force and effect.
  8. The foregoing constitutes the entire agreement between the author and the user with respect to the software and supersedes and cancels any prior representation, understanding and commitment (whether oral or written) between us with respect to the software. The terms of this agreement may be updated from time to time, with notice placed at www.frasermckay.co.uk.
  9. This agreement shall be governed and construed by Scots law, and by accepting this agreement, the user agrees to submit to the exclusive jurisdiction of the Scottish Courts.

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