Mobile App End User Licence Agreement

This End User Licence Agreement (“EULA”) is between GWU Software and Solutions (“GWU”) and the business whose GWU WMS account the app is used with (the “Customer”). It covers the GWU WMS Android app, including scanner builds, updates and its documentation (the “App”).

The App only works with a GWU WMS account, so this EULA is part of the Terms of Service. Words defined there have the same meaning here, and the Terms prevail if the two conflict.

While the Customer’s subscription is active, GWU grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install the App in object-code form on handheld scanners, phones and tablets that the Customer or its Affiliates own or control, and to let its Authorised Users use it solely to access the Service for the Customer’s internal operations. The App is licensed, not sold.

The Customer and its users must not:

• copy the App except as needed to install it on permitted devices;
• reverse engineer, decompile, disassemble or unpack the App or its installation file, or try to derive its source code, keys or endpoints, except to the extent that section 52 of the Copyright Act, 1957 permits a lawful possessor of a computer programme to do so despite this restriction;
• modify, patch, re-sign, repackage or create derivative works of the App;
• distribute, publish, sell, rent, lend or share the App or its installation file with anyone outside the Customer and its Affiliates;
• bypass or tamper with sign-in, device registration, session limits, version checks or other licence and security controls, including by running a modified App or by modifying a device to do so;
• remove or alter any copyright, trademark or other proprietary notice in the App.

Devices managed through mobile device management, or customised by their manufacturer, are fine as long as the changes do not bypass those controls.

To control access, the App sends GWU the signed-in user and session with each request, and may send the App version and a device identifier. The Customer’s administrators can revoke sessions and can disable mobile access for the company or for a user. GWU handles this data under its Privacy Notice.

Data scanned or entered in the App is Customer Data and is handled under section 6 of the Terms. The App uses the camera only for scanning, when the user starts a scan. Biometric unlock is checked by the device itself; no fingerprint or face data is sent to GWU.

GWU may release updates. GWU will give at least 14 days’ notice before requiring a minimum App version, except where an immediate update is needed to fix a security issue. Where practical, GWU will keep the previous version working during the notice period. After that, an older version may stop connecting to the Service until it is updated.

GWU and its licensors own the App and all intellectual property in it. The App includes open-source components that remain under their own licences; those licences, listed in the App’s Licences screen, govern those components only and give no rights in the rest of the App.

This licence ends when the Customer’s account closes, or when GWU ends the Customer’s access under section 10 or 11 of the Terms, and the Customer must then remove the App from its devices. GWU may block an App installation that breaches section 3.

The App is provided under the service commitments, disclaimer and limitation of liability in sections 12 and 13 of the Terms. GWU is not responsible for faults caused by the device, its operating system, its scanner hardware or the network.

This EULA is governed by the laws of India, and disputes are resolved as set out in section 16 of the Terms. Questions about this EULA go to kornalies.jasupathem@gwutech.com.