RWS AppStore End User
Terms and Conditions
Your Relationship with RWS
These terms and conditions create a contract between you and SDL Limited of New Globe House, Vanwall Business Park, Vanwall Road, Maidenhead, SL6 4UB, England (a part of the RWS Holdings PLC Group of companies) (“RWS”). To confirm your understanding and acceptance of the terms herein, click “Agree”. Where there is no option to click “Agree”, you accept that the use of the RWS AppStore constitutes your agreement herein.
The terms herein govern the use of RWS AppStore services (“Services”) where software applications are made available to you so you can license, rent, subscribe, or acquire such Service for your personal use. The Services made available via the RWS AppStore are licensed through third party providers and/or RWS. The terms governing any use of any Service made available to you will be available for acceptance at the point of download. Where no terms are available at the point of download, these terms will govern. RWS may make changes to these terms from time-to-time by posting replacements or changes to the site at which this document is located, and you accept that if you use the Services after the date on which the terms have been replaced or changed, RWS will treat your use as acceptance of the updated terms.
Your Use of the Services
You agree to use the Services only for purposes that are permitted by the terms and as permitted by applicable law, regulation, and generally accepted practice or guideline in the relevant jurisdictions (including any laws regarding the export of data and/or software).
Subject to the terms and conditions of this Agreement, RWS grants you a non-exclusive, non-sublicensable, non-transferable, limited license to use the Services, limited to the terms herein, and only for your internal use.
You shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services. You shall not (a) copy, reproduce, distribute, republish, download, display, post, or transmit in any form or means the Services, (b) rent, transfer, lease, loan, resell for profit or otherwise, distribute, or otherwise grant any rights in the Services in any form to any other party in whole or in part, including without limitation to provide processing services to third parties for commercial timesharing or for rental or sharing arrangements, (c) modify, adapt, decompile, disassemble, reverse engineer, create derivative works or otherwise attempt to derive source code from the Services in whole or in part, or (d) remove, modify, obscure and/or otherwise deface any copyright, trademark or other proprietary rights notices in the Services.
External Links and Third-Party Content
Sometimes through your use of the Services you may use a service or purchase goods or access information (such as data files, written text, computer software or audio files) which are provided by another person or company ("Third-Party Content"), and the Services may include hyperlinks to such Third-Party Content. You accept that Third-Party Content is the sole responsibility of the company or person from whom it originated, that RWS may have no control over such Third-Party Content and does not endorse this. You acknowledge and agree that RWS is not liable for any loss or damage which may be incurred by you as a result of the availability or non-availability of Third-Party Content, or as a result of any reliance placed by you on the completeness, accuracy, or existence of Third-Party Content. You understand that by using the Services you may be exposed to Third-Party Content that you may find offensive, indecent, or objectionable, and in this respect, you use the Services at your own risk.
RWS Limited Support and Technical Services
As a registered user of RWS AppStore, you have access to the RWS AppStore developer community, which may offer discretionary support from both developers and RWS, depending on application. In all other cases, technical support is excluded in its entirety, except as otherwise agreed between us in writing.
Each party shall (i) maintain in confidence all information disclosed by the other relating to the disclosing party’s business ("Confidential Information"); and (ii) use such information only in connection with the Services. This provision shall not apply to information which (i) becomes generally available to the public through no fault of the receiving party; (ii) was independently developed by the receiving party without access to the disclosing party’s Confidential Information or (iii) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party, provided that such source is not prohibited from transferring the information to the receiving party by any contractual, legal, or fiduciary obligation.
Exclusion of Warranties and Limitation of Liabilities
ANY APPLICATIONS/SOFTWARE AND/OR SERVICE PROVIDED UNDER THE APPSTORE IS PROVIDED ON AN AS-IS BASIS. RWS DOES NOT ENDORSE THE APPLICATIONS/SOFTWARE AND/OR SERVICE AVAILABLE ON THIS SITE. ALL WARRANTIES, CONDITIONS, OR OTHER TERMS CONCERNING THE APPLICATIONS/SOFTWARE AND/OR SERVICE, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE (INCLUDING THOSE RELATING TO SATISFACTORY QUALITY, NON-INFRINGEMENT, AND FITNESS FOR PURPOSES) ARE EXCLUDED.
ANY TERMS GOVERNING USE WILL BE DIRECTLY AVAILABLE TO YOU BY THE SOFTWARE VENDOR.
IN NO EVENT WILL RWS (OR ANY OF ITS SUBSIDIARIES OR AFFILIATES) BE LIABLE FOR ANY DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), OR OTHERWISE FOR LOSS OF DATA, LOST PROFITS, COSTS OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, ACTUAL, GENERAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE AND/OR SERVICE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF RWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. RWS'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT OF $50.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR (II) ANY OTHER LIABILITY TO THE EXTENT THAT IT CANNOT BE EXCLUDED OR LIMITED AS A MATIER OF LAW.
Each party acknowledges and agrees that any unauthorized disclosure or other violation, or threatened violation of these terms, by a party may cause irreparable damage to the other. Accordingly, without prejudice to the rights and remedies otherwise available to each party, each party shall be entitled to seek an appropriate injunctive relief to prevent any breaches or violations of these terms without the posting of any bond or other security.
Governing Law; Jurisdiction
Except as detailed below, this Agreement will be governed by and construed in accordance with the laws of England and Wales, excluding that body of laws known as conflicts of law. Any legal action or proceeding arising under this Agreement will be brought exclusively in the English Courts and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
If your principal place of business is within the European Union, this Agreement will be governed by and construed in accordance with the laws of the Netherlands.
If your principal place of business is the United States, then this Agreement will be governed by and construed in accordance to the laws of the Commonwealth of Massachusetts.
If your principal place of business is within China, this Agreement will be governed by and construed in accordance with the laws of the Republic of China.
If your principal place of business is within Japan, then this Agreement will be governed by and construed in accordance to the laws of Japan. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between us with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements and understandings, written or oral, between us with respect to the subject matter hereof.
Severability. If for any reason a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision of the terms will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.
Waiver. The failure by either party to enforce any provision of these terms will not constitute a waiver of future enforcement of that or any other provision.
Third Party Beneficiaries. Except where expressly provided to the contrary, these terms are not intended to be for the benefit of, and shall not be enforceable by any person who is not named at the date of these terms as a party to it or any person who claims rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise, and neither party can declare itself a trustee for the benefit of a third party.
Force Majeure. Except for any payment obligations hereunder, neither party will be responsible for delays or failures of performance under these terms due to circumstances beyond its reasonable control, including without limitation, as caused by acts of God, war, epidemic, pandemic, terrorism, civil disturbance, court order, fire, flood, extreme weather conditions, strikes, or other labor disturbances (“Force Majeure”).
Language. If this Agreement is translated into a language other than English, the English language version shall control. Should you have any questions concerning the terms of this Agreement, these may be addressed to the RWS Legal Department - firstname.lastname@example.org.
© 2021 RWS Holdings Plc. All Rights Reserved.
Europa House, Chiltern Park, Chiltern Hill, Chalfont St Peter, Gerrards Cross SL9 9FG
All intellectual property rights contained herein are the sole and exclusive rights of RWS. All references to RWS shall mean RWS Holdings Plc and its subsidiaries and affiliates details of which can be obtained upon written request.
All rights reserved. Unless explicitly stated otherwise, all intellectual property rights including those in copyright in the content of this website and documentation are owned by or controlled for these purposes by RWS. Except as otherwise expressly permitted hereunder or in accordance with copyright legislation, the content of this site, and/or the documentation may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without the express written permission of RWS.