This document relates to use of the eVitabu app, and provided tablet hardware as well as the eVitabu system. Where "X" is specified it relates to the number agreed in writing between you and African Pastors Fellowship.
The eVitabu device is licensed and not sold. The device is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property.
African Pastors Fellowship ("APF"), and its affiliates and partners who have contributed to material held on the eVitabu device via the eVitabu software product (App), own the intellectual property rights to the eVitabu device and the material contained on it. Usage of the eVitabu device and app are subject to these rights and to all the terms and conditions of this End User Licence Agreement ("Agreement").
An organisation using eVitabu is known as an "eVitabu Partner". eVitabu Partners consent to be bound by the terms of this agreement by accepting an eVitabu device and/or using the eVitabu app.
eVitabu Partners must accept all the terms of this agreement before receiving an eVitabu device and app.
If you are not able to accept all of the terms of this agreement, you should decline from receiving the eVitabu device or from downloading and installing the app.
At all times and in all circumstances, eVitabu devices remain the sole property of APF. Under the terms of this agreement, usage of eVitabu devices is licenced to the eVitabu Partner described above.
The eVitabu device is not licensed to an individual nor in any circumstances becomes the property of an individual or organisation besides APF.
RIGHTS AND DUTIES OF THE EVITABU PARTNER
eVitabu Partner Rights
This agreement entitles the eVitabu Partner a licence to use X eVitabu device(s).
The eVitabu Partner has the right to receive training on the proper usage of eVitabu device and limited technical support if required.
The capacity of the eVitabu device means that it can be used beyond the scope of the eVitabu app, for example, to access the internet or for emailing. The eVitabu Partner has the right of "reasonable usage" in their use the device outside of the eVitabu app. This right allows for responsible and conscientious use of the eVitabu device by eVitabu Partner organisation outside of the eVitabu app, but would not for example permit extensive downloading and installing of external apps or accessing high-risk websites.
eVitabu Partner Duties
The eVitabu device and app are designed primarily for training colleagues or peers in Christian ministry and community development. By accepting an eVitabu device, the eVitabu Partner commits to using the device to complete a series of training sessions for at least X such peers by using the resources on the eVitabu app between 1st April 2018 and 31st March 2019.
Unless otherwise agreed with APF, the cost of the training in paragraph 6.1 will be borne by the eVitabu Partner.
The eVitabu Partner has a duty to inform APF of a change to the main eVitabu user for their organisation.
It is the responsibility of the eVitabu user to care for and provide secure storage of the eVitabu device.
Without the written consent of APF, the eVitabu Partner must not redistribute the eVitabu device or transfer the rights of this licence to a third party. Selling, renting, leasing, sublicensing or transferring your rights to the app is prohibited.
In event of the device being damaged, lost or any failure caused through unreasonable or improper use, the cost of replacing the eVitabu device for the eVitabu Partner should be borne by the eVitabu Partner, not APF.
RIGHTS AND DUTIES OF APF
APF reserves the right to monitor and evaluate usage of eVitabu in at least three ways:
Collecting usage analytics remotely from the eVitabu app
Requesting details on usage from eVitabu partners in the form of monitoring reports
Field visits by APF staff or representatives and partners to observe usage first-hand
APF reserves the right to cancel this licence agreement if they perceive for any reason that the eVitabu Partner has not complied with the terms of this agreement.
Where APF perceives there has been a failure by the eVitabu Partner to comply with this agreement, APF reserves the right to block usage and request that the eVitabu Partner return the eVitabu device within an appropriate timeframe.
If the eVitabu Partner disputes whether the agreement has been breached, the process described below for the settlement of disputes should be followed.
APF will endeavour to provide some initial user training and remote technical support in the event of a technical malfunction if requested by the eVitabu Partner.
APF have a duty to provide and allow access to content, security and software updates for both the device and the app when available.
Settlement of Disputes
APF and the eVitabu Partner will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a director/CEO of each of the Parties with authority to settle the relevant dispute.
If the dispute cannot be settled amicably within 28 days from the date on which it was filed, APF Trustees and the eVitabu Partner’s boards will appoint arbitrators. If a dispute cannot be resolved to the satisfaction of both parties following arbitration, the partnership shall be cancelled, and the device must be returned to APF within a further 28 days.