SPE Expert Controller
- Introduction
We are Andy Gawthrope, the author and owner of SPE Expert Controller (the ‘App’).
You can contact us by email at andy.g0rvm@gmail.com.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the App.
The information provided when using the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to use the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. - Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in SPE Expert Controller, including all source code, databases, functionality, software, text, photographs, and graphics in the App (collectively, the ‘Content’).
The Content are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content is provided in the App for personal and non-commercial use only.
Subject to your compliance with these Legal Terms we grant you a non-exclusive, non-transferable, revocable licence to use the App solely for your personal and non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the App and no Content may be copied, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without express prior written permission.
If you wish to make any use of the App or Content other than as set out in these Legal Terms, please address your request to: andy.g0rvm@gmail.com.
We reserve all rights not expressly granted to you in and to the App and Content.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use the App will terminate immediately. - Use Licence
The following terms apply when you use the App obtained from the Apple Store: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple macOS operating system, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a ‘terrorist supporting’ country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this licence contained in these Legal Terms, and that the App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this licence contained in these Legal Terms against you as a third-party beneficiary thereof. - Disclaimer
The App is provided on an as-is basis. You agree that your use of the App will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the App and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the App and we will assume no liability or responsibility for any (1) errors, mistakes or inaccuracies of content and materials, (2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the App, (3) any bugs, viruses, Trojan horses, or the like in the App, (4) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and excise caution were appropriate. - Limitations of liability
In no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will always be limited to the amount paid, if any, by you to us. - Indemnification
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. - Contact
In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us using the Contact page of this website.