Boom is licensed to You (End User) by Abacai Technologies, located and registered at Axiom House, The Centre, 4th Floor, Feltham, Middlesex, TW13 4AU, England (hereinafter: Licensor), for use only under the terms of this License Agreement. Our VAT number is GB125488501.
By downloading the Application from Apple App Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and condition of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledges the Apple is not a Party to this License Agreement and is bound by any provision or obligation about the Application, such as warranty, liability, maintenance and support thereof. Abacai Technologies, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that conflict with the latest App Store Terms of Service for Apple. Abacai Technologies acknowledges that it had the opportunity to review said terms and this license Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
Boom (hereinafter: Application) is a piece of software created to facilitate motor insurance via a mobile app – and customised for Apple mobile devices. It is used to view the status and access relevant insurance documents related to motor insurance already purchased.
2.1.You are given a non-transferable, non-exclusive, nonsublicensable license to instal and use the Licensed Application on any Apple branded Products that You (End User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End User, The Purchaser) via Family sharing or volume purchasing.
2.2.This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3.You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Abacai Technologies’ prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4.You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Abacai Technologies’ prior written consent).
2.5.You may not copy (excluding when expressly authorised by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time.
2.6.Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7.Licensor reserves the right to modify the terms and conditions of licensing.
2.8.Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3.1.The Application requires a version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2.Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claims such as update.
3.3.You acknowledge that it is Your responsibility to confirm and determine that the app end user device on which You intend to use the Application satisfies the technical specification mentioned above.
3.4.Licensor reserves the right to modify the technical specification as it sees appropriate at any time.
4.1.Abacai Technologies is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
4.2.Abacai Technologies and the End User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the licensed Application.
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, full-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any formats and through any media channels.
The license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the rights, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8.1.Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2.Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
9.1.Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2.No warranty is provided for the Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Abacai Technologies’ sphere of influence that affect the executability of the Application.
9.3.You are required to inspect the Application immediately after installing it and notify Abacai Technologies about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period on ninety (90) days after discovery.
9.4.If we confirm that the Application is defective, Abacai Technologies reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5.In the event of any failure of the Application to conform to any applicable warranty, You may notify the App Store Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App Store Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6. If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
Abacai Technologies and the End-User acknowledges that Abacai Technologies, and not Apple, is responsible for addressing any claim of the End-User or any third party relating to the licensed Application or the EndUser’s possession and/or use of that licensed Application, including, but not limited to:
You represent and warrant that You are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S Government as a “terrorist supporting” country; and that You are not listed on any U.S Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
The license is valid until terminated by Abacai Technologies or by You. Your rights under this license will terminate automatically and without notice from Abacai Technologies if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
Abacai Technologies represents and warrants that Abacai Technologies will comply with applicable third party terms of agreement when using licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement”, Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
Abacai Technologies and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Abacai Technologies, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claims.
This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
17.1. If any of the terms of this agreement should become invalid, the validity of the remaining provision shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2.Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.