YOU AGREE THAT BY CLICKING “I CONFIRM I HAVE READ AND AGREE TO THE THESE TERMS AND CONDITIONS” THIS AGREEMENT WILL BECOME A VALID, LEGALLY BINDING AND ENFORCEABLE AGREEMENT AS IF SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT CLICK “I CONFIRM I HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS”
BY USING ALL OR ANY PART OF THE SOFTWARE (“THE SOFTWARE”) YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET OUT BELOW.
END USER LICENCE AGREEMENT
All Intellectual Property in this Software, and any updates and supplements to it and any associated Documentation and Manuals ("the Software") is owned and controlled by Allied Westminster (Systems) Limited ("the Owner") under license from Attix5. You may not use or access the Software, copy or modify it in any way without the express written permission of the Owner. The Owner offers you a non-exclusive licence on the terms of this Agreement.
1. DEFINITIONS
1.1 In this Licence unless the context otherwise requires:
"Agreement"
means the terms and conditions under which you are being granted a license to access the Software, Manuals, Documentation and Backup Services as set out herein
"Backup"
means the process of transferring Data from your Personal Computer to Book Backup’s Server for storage
"Backup Services"
means the services offered by Book Backup for Data storage in accordance with the terms of this Agreement
"Book Backup’s Server"
means the computer system, owned by Book Backup, supplied by an Internet Service Provider or supplied by another third party and used to provide Book Backup's Backup Services, its Web Site and other ancillary functions
"Personal Computer"
means the laptop or desktop personal computer that you use
"Data"
means any programs, data or other information copied, or to be copied from your Personal Computer for storage during a Backup
"Encryption Key"
means the special unique code which shall be known only to you, which you will be given to access and retrieve your data
"Intellectual Property"
means all vested contingent and future intellectual property rights including but not limited to copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get-up, database rights and any applications for the protection or registration or these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created to which the Owner may be entitled
"The Manuals"
means the documentation, in whatever form supplied, on how to use the Software
"The Service"
means the on-line Backup services
"The Software"
means the computer program and all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Owner’s or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (iv) upgrades, modified versions, updates, additions, and copies of the Software, if any, supplied and licensed to you by Book Backup (collectively, "Updates") to enable your Data to be stored on the Book Backup Server
"The Subscription Fee"
means the monthly or annual amount payable (if any) for The Backup Services
"Web Site"
means a site at which text, graphics, data, files and information are stored electronically and access to which is made available to organisations and the general public via the Internet
2. LICENCE
In accordance with the terms of this Licence you are permitted to:
2.1 Download the Software and use it on only one computer, workstation, terminal or Personal Computer ("Computer") which is under your control;
2.2 Transfer the Software from one Computer to another provided it is used on only one Computer at any one time;
2.3 Make a backup copy of the Software for individual backup purposes only in support of the permitted use. The copies must reproduce and include the owner's copyright notice in the form of;
2.4 Use the Manuals and Documentation in connection with the permitted use of the Software;
2.5 You are not permitted;
2.5.1 to use the Software on any Computer or server or system which permits electronic access to it by more than one user (whether such access forms part of a LAN, WAN or otherwise);
2.5.2 to rent, lease, sub-licence, loan, copy (except as expressly provided in this Agreement), modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software;
2.5.3 except as expressly provided in this Agreement, to use, reproduce or deal in the Software (including without limitation in Manuals and Documentation relating thereto) in any way ;
2.5.4 transfer the Software, the Manuals, the Documentation and/or this Agreement to any individual or entity whether on a permanent or temporary basis. If you transfer possession of any copy of the Software to another person, the licence granted by this Agreement is automatically terminated without prejudice to any other rights and remedies the Owner may have in respect of such unauthorised use.
2.6 Notwithstanding the generality of clause 2.5 above any and all rights not expressly granted in accordance with the terms of this Agreement are hereby reserved to the Owner
3. TERM
3.1 The term of this licence (“the Term”) shall commence upon your acceptance of the terms of this Agreement and shall continue unless and until terminated by either party in accordance with the following provisions. For the avoidance of doubt you shall not be entitled to access or use the Software, Manuals or Documentation unless and until you have accepted the terms of this Agreement.
3.2 If you are the original registered user, the Software is being supplied to you on the basis that you have downloaded and installed the trial Software and created a backup account. At the end of the evaluation period, which runs from the day that you install the Software, the Software will cease to function and this licence will be suspended. In order to continue using the Software, you will need to purchase a subscription and register your backup account.
3.3 This licence (unless suspended in accordance with this Clause 3.1 above) is effective until you terminate it by destroying the Software Documentation and Manual together with all copies. It will also be revoked without further formality if you fail to abide by the terms of this Agreement or fail to pay the subscription charges when they fall due.
3.4 Upon termination or revocation (by whatever means) you agree to destroy the Software, Documentation and Manuals, including any electronic copies stored on any Computer under your control and the Owners shall have the right without the need for notice or any other formality to delete your stored Data without liability for loss or damage.
3.5 Subject always to the terms of this Agreement the Term shall continue unless terminated by either party giving to the other not less than one month's prior written notice to expire on the day the Subscription Fee is due and payable.
4. OWNERSHIP
The Owner shall at all times (during or after the expiry of the Term whether by effluxion of time of otherwise) retain ownership of the Software, Manuals an Documentation and subsequent copies thereof regardless of form. The Owner's warranties and support service under this Agreement are available only to the original registered user.
5. WARRANTIES AND DISCLAIMERS
5.1 The Owner warrants that the Software will during the Term perform substantially in accordance with its specification as described in the Manual and as displayed at www.bookbackup.co.uk (provided that the Software is properly used on the Computer and with the operating system for which it was designed).
5.2 If the Owner is notified of significant errors during the warranty period (being ninety (90) days from the date upon which the Software or any part thereof is first supplied to you) it will repair or replace the Software within a reasonable time or (at its sole discretion) provide or authorise a refund of a percentage of the Subscription Fee.
5.3 The above represents your sole remedies for any breach of the Owner's warranties, which are given only to the original registered user.
5.4 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statue, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
5.5 The Owner does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected. You shall load and use the Software at your own risk and you warrant to the Owner that at no time will you use the Software on a Personal Computer on which there is a computer virus of any type regardless of whether the virus is capable of causing any damage. The entire risk arising out of use or performance of the Software and any support services remains with you.
5.6 You warrant to Book Backup that at all appropriate or material times you will maintain and have maintained a registration under the Data Protection Act 1998 as the same may be varied and amended from time to time.
6. PRICING
6.1 The price for the Service will be the price shown within the relevant subscription rate applicable from time to time and stipulated on the Book Backup Web Site www.bookbackup.co.uk
6.2 You acknowledge that the price shown within the relevant subscription rate is subject to change and is dependent upon the Backup Service package selected and the amount of data that is being stored.
7. SUPPORT
The Owner will use reasonable endeavours to answer by electronic mail or over its Web Site , any queries you may have about the Software during the warranty period.
8. EXCLUSIONS
To the maximum extent permitted by applicable law, in no event shall the Owners or it's suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Backup Services components or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of this End User Agreement, even if Book Backup or any supplier has been advised of the possibility of such damages.
9. LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced in clause 8 above or elsewhere in this Agreement and all direct or general damages), the entire liability of the Owners and of its suppliers under any provision of this Agreement and your exclusive remedy for all of the aforegoing shall be limited to actual damages incurred by you based on your reasonable reliance upon these terms up to a maximum of the amount actually paid by you for the Backup Services. The aforegoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
10. ACCEPTABLE USE
10.1 You may use the Backup Services only for lawful purposes. You may not use, and shall take all reasonable steps to ensure that no other person uses the Backup Service;
10.1.1 in a way that does not comply with the terms of any laws applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
10.1.2 to store, send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, criminally obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights
10.1.3 to store send or upload any material that contains viruses, trojan horses, worms, time bombs or any other harmful programs
10.2 you hereby agree to fully and effectually indemnify us from and against any and all costs losses and damages (including without limitation our legal costs on an indemnity basis) incurred by or in respect of any breach by you of the terms of this Agreement including without limitation these Acceptable Use provisions as set out in this clause 10.
11. ENTIRE AGREEMENT
11.1 This Agreement constitutes the entire agreement between the parties and with the exception of any fraudulent misrepresentations, supersedes all prior oral or written agreements, understandings or arrangements between them relating to the subject matter of this Agreement.
11.2 Nothing in this Agreement shall create or be deemed to create a partnership nor the relationship of employer and employee nor principal and agent between the parties.
12. LAW
This Agreement shall be governed by English law, and any disputes in relation to it will be subject to the exclusive jurisdiction of the English courts.
13. IMPORTANT NOTICE
YOU WILL HAVE THE SOLE RESPONSIBILITY FOR YOUR ENCRYPTION KEY WHICH WILL ALLOW YOU AND ONLY YOU ACCESS TO, AND RETRIEVAL OF, YOUR DATA STORED ON BOOK BACKUP. BOOK BACKUP WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGES ARISING OUT OF YOUR LOSS OF THE ENCRYPTION KEY. IN THE EVENT THAT YOU LOSE YOUR ENCRYPTION KEY NEITHER YOU NOR BOOK BACKUP WILL BE ABLE TO ACCESS YOUR DATA.
If you accept the terms of this Agreement click "I CONFIRM I HAVE READ AND AGREE TO THE THESE TERMS AND CONDITIONS"
