The Transporters app (June 2023)

The Transporters is a fun video series designed to help autistic children understand emotions, and the facial expressions that convey them.

Created by the team at the Autism Research Centre at the University of Cambridge and the Autism Centre of Excellence at Cambridge (‘Autism Centre of Excellence’) charity, The Transporters has now been developed into an app, the Transporters app (‘Licensed Application’) by a team at the Chinese University of Hong Kong (‘CUHK’) for Chinese speaking individuals, schools and families based in Hong Kong. This was made possible with the support of the Health and Medical Research Fund, Health Bureau of the Government of Hong Kong, for app research and development.

The launch and maintenance of the Licensed Application is free for download in Hong Kong and is supported by the generous funding from the Heep Hong Society (‘HHS’), a leading children education and rehabilitation organisation committed to helping children and youth of diverse needs.

END USER LICENCE AGREEMENT (“LICENCE AGREEMENT”)– TERMS AND CONDITIONS

The Licensed Application is licensed to the End-User (‘You‘, ’Your’ or ’Yourself’) by the Autism Centre of Excellence, located and registered at 18 B Trumpington Road, Cambridge, CB2 8AH, United Kingdom (‘Licensor’), for use only under the terms of this Licence Agreement. Unless expressly stated as otherwise, the Licensor, CUHK and HHS are referred to in this Licence Agreement as ‘We’, ‘Us’ or ‘Our’.

By downloading or installing or using the Licensed Application from Google’s software distribution platform (‘Play Store’) or Apple’s software distribution platform (‘App Store’) and any update thereto made by Us from time to time (as permitted by this Licence Agreement), You agree and accept to be bound by all of the terms and conditions of this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement as ‘Services’. 

The parties of this Licence Agreement acknowledge that the Services are not parties to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. The Licensor, not the Services, is solely responsible for the Licensed Application and the content thereof.

This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Google Play Terms of Service and Apple Media Services Terms and Conditions (collectively, ‘Usage Rules’). The Licensor acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.

 

The Licensed Application when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. The Licensed Application is to be used on devices (including but not limited to smartphones and tablets) that operate with Google’s operating system (‘Android’) or Apple’s operating system (‘iOS’).

  1. THE APPLICATION

The Licensed Application is a piece of software which can be downloaded from the Services free of charge in Hong Kong. Research-led and evaluated visuals of people’s faces showing different expressions have been created to teach emotion recognition to autistic children.

  1. CONTENT

All materials contained in the Licensed Application, including without limitation, all text, graphics, videos, names, logos and trademarks (‘Content’) are protected by copyright, trademark and other intellectual property laws unless otherwise indicated.

  1. SCOPE OF LICENCE

3.1 You are given a limited, non-transferable, non-exclusive licence to download, install and use the Licensed Application on any electronic devices You own or control for Your personal and non-commercial use (‘Device(s)’), and as permitted by the Usage Rules.

3.2 You acknowledge and agree that the Licensed Application is provided under licence, and not sold, to You. You do not acquire any ownership interest (whether legal or beneficial) in the Licensed Application under this Licence Agreement, or any other rights thereto other than to use the Licensed Application in accordance with the licence granted, and subject to the terms under this Licence Agreement.

3.3 You shall not share or make the Licensed Application available to any third party (unless to the degree allowed by the Usage Rules, and with the Licensor’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

3.4 You shall 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 Licensed Application, or any part thereof (except with the Licensor’s prior written consent).

3.5 You shall not copy or alter the Licensed Application or any part thereof. You shall not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If You sell Your Device(s) to a third party, You must remove the Licensed Application from such Device(s) before doing so.

3.6 You shall not copy or reproduce any printed materials accompanying the Licensed Application.

3.7 You shall not remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection or rights management in or protecting the Licensed Application. 

3.8 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

3.9 If the Licensed Application is updated, the updated version shall be used in accordance with the terms and conditions of this License Agreement.

3.10 The Licensor reserves the right to modify the terms and conditions of licensing from time to time.

  1. TECHNICAL REQUIREMENTS

4.1 You acknowledge that it is Your responsibility to confirm and determine that the Device on which You intend to use the Licensed Application satisfies the required technical specifications.

4.2 We reserve the right to modify the technical specifications as We see appropriate at any time.

  1. MAINTENANCE AND SUPPORT

5.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address as set out below for the Licensed Application.

5.2 The Licensor and You acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

  1. UPDATES/MODIFICATIONS

From time to time, We or third parties authorized by Us may automatically update or otherwise modify the Licensed Application, including but not limited to, error correction or improvement of functions. Such updates or modifications may delete or change the feature of the Licensed Application, including but not limited to the functions You may rely upon. You acknowledge and agree that such activities may occur at Our sole discretion. Any updates/modifications shall be deemed to be part of the Licensed Application for the purpose of this License Agreement. By accepting the terms and conditions of this Licensed Agreement, You consent to the updates/modifications.

  1. CONTRIBUTION LICENCE

You agree that We may access, collect, store, process, and use any technical information and personal data that You provide within the Licensed Application, including but not limited to technical information about Your Device(s), system and application software, and peripherals, pursuant to the Privacy Policy (as set out below). We may use this information, as long as it is in a form that does not personally identify You, to improve the Licensed Application.

By submitting suggestions of other feedback regarding the Licensed Application, You agree that We can use and share such feedback for any purpose without compensation to You.

  1. LIMITATION OF LIABILITY

8.1 The Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 3 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed 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 Licensed Application, You will not have access to the Licensed Application.

8.2 To the fullest extent permitted by applicable law, We are not liable to You or any other third party (including users of the Services, whether authorised or not) for the following:

  • any damage to or loss of data and/or the consequences or effects on Your internet connection, its spend and/or bandwidth, arising from Your use of the Licensed Application and/or any Content;
  • any claim based on contract, tort, or otherwise or any incidental or consequential damages, whether of an economic nature or not;
  • any claim relating to any part of the Licensed Application or Content supplied, provided, or made available;
  • any disruption, suspension, delay, failure or discontinuation of the Licensed Application and/or Content or any part thereof which is attributable to (i) an event or circumstance beyond Our reasonable control; (ii) the system maintenance, upgrading, testing and/or repairs of the Licensed Application, (iii) the reliability and stability of Your Internet connection and its speed, its bandwidth, its system and services and (iv) any other third party’s software or services;
  • any infringement of intellectual property rights arising from Your use of the Licensed Application or the Content.
  1. WARRANTY

9.1 The Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. The Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on any device, which 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 The Transporters’s sphere of influence that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify Us about issues discovered without delay by email provided in clause 11 – Contact Information of this Licence Agreement. Any notification made pursuant to this clause 8.3 will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.

9.4 You agree that Your use of the Licensed Application and/or the Content is at Your own risk and the Licensed Application and/or the Content are provided on and “AS IS” and “AS AVAILABLE” basis. Any material downloaded or otherwise obtained through the use of the Licensed Application and/or the Content are accessed at Your own risk, and You will be solely responsible for any damage to Your Devices or other viewing device or loss of data resulting from the download, use or access of any such material.

9.5 We do not warrant that the functions contained in this Licensed Application will meet any requirements or needs You may have or that the operation of the Licensed Application will be uninterrupted or error free.

  1. PRODUCT CLAIMS

The Licensor and You acknowledge that the Licensor is responsible for addressing any claims of the End-User relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation.

  1. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government ‘terrorist supporting’ country; and that You are not listed on any US Government list of prohibited or restricted parties.

You are to be located in Hong Kong and cannot attempt to download and use the Licensed Application outside of Hong Kong.

  1. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application of the Licensor, please contact:

Email Address: info@autismcentreofexcellence.org

Address: Douglas House, 18B Trumpington Road

Cambridge,CB2 8AH

United Kingdom

  1. AMENDMENTS
    • We reserve the right to modify this License Agreement and to add new or additional terms or conditions on Your use of the Licensed Application as We see fit. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Licensed Agreement. Your continued use of the Licensed Application will be deemed acceptance thereof.
  • Termination shall not limit any of Our rights and/or remedies at law or in equity.
  1. TERMINATION

The term of this License Agreement commences when You download or install the Licensed Application. The licence is valid until terminated by the Licensor at any time without any compensation or notice to You. Without limiting to the foregoing, Your rights under this licence will terminate automatically and without notice from the Licensor if You fail to adhere to any term(s) set out in  this Licence Agreement. Upon the termination of the licence, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

  1. INTELLECTUAL PROPERTY RIGHTS

15.1 You acknowledge that all intellectual property rights in the Licensed Application belong to Us, and that You have no intellectual property rights in, or to the Licensed Application in accordance with the terms of this Licence Agreement.

15.2 Intellectual property rights include but are not limited to the Content all other forms of intellectual property rights recognized by applicable law.

15.3 The Licensor and You acknowledge that, in the event of any third-party claim that the Licensed Application or Your possession and use of that Licensed Application infringes on the third party’s intellectual property rights, the Licensor will be solely responsible for the cost(s) of the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.

15.4 We reserve the right, with or without notice to You and without any compensation, at any time and in our sole discretion, to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any intellectual property rights.

  1. APPLICABLE LAW

This Licence Agreement is governed by and construed in accordance with the laws of Hong Kong without giving effect to any choice or conflicts of law provision or rule and the courts of Hong Kong shall have exclusive jurisdiction over any legal action or proceeding arising out of or related to this Agreement.

  1. MISCELLANEOUS

17.1 If any of the terms of this License Agreement should be or become invalid or unenforceable, the validity and enforceability of the remaining provisions 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 made in writing. The preceding clause can only be waived in writing.

17.3 No failure or delay by Us to exercise any right or remedy provided under this License Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect.

17.4 If You use the Licensed Application in violation of this License Agreement, You shall indemnify, hold harmless and defend Us and our officers, directors, employees, agents, affiliates, successors and assigns from and against any claims or lawsuits, loss and/or damages, including legal fees (on a full indemnity basis) that arise and result from Your violation of the License Agreement.

 

For more information

www.autismcentreofexcellence.org

www.heephong.org

www.cuhk.edu.hk