PhotoKey 3 Single End User Licence Agreement
IMPORTANT NOTICE:
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT BEFORE DOWNLOADING AND/OR INSTALLING THE PHOTOKEY 3 SOFTWARE. DOWNLOADING AND/OR INSTALLING THE PHOTOKEY 3 SOFTWARE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS CONTAINED IN THIS LICENCE AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENCE DO NOT DOWNLOAD AND/OR INSTALL THE PHOTOKEY 3 SOFTWARE.
1. Definitions and Ownership
The PhotoKey 3 Software which accompanies this Licence and any updates (the "Software") is the property of FXhome Limited ("FXHOME") and is licensed (not sold) to you. FXHOME owns all copyright, trade secret, patent and other intellectual property rights in the Software. The term "Software" includes all copies of the PhotoKey 3 computer programme and its documentation.
2. Licence: Extent and Authorised Use
2.1 FXHOME grants you a non-exclusive licence to use the Software on a single computer on the terms and subject to the conditions of this Agreement.
2.2 You may make one copy of the Software for back-up purposes only.
3. Licence: Restrictions on Use
3.1 You may not copy (other than once for back-up purposes), transfer, rent, distribute, lease or sub-licence all or any portion of the Software.
3.2 You may not de-compile, disassemble, reverse engineer, translate, modify, make any attempt to discover the source code of the Software or prepare derivative works of the Software.
3.3 You may not transmit the Software over a network, by telephone or electronically using any means.
3.4 You may not resell, transfer, export or re-export the Software or any technical data derived from the Software.
3.5 The identification key file and serial code allocated to you on the purchase of the Software is personal to you and you may not transfer by any means whatsoever the key file and/or serial.
3.6 You agree to use your best efforts to prevent and protect the contents of the Software from unauthorised use.
3.7 In the event that you produce and provide to FXHOME any text or images ("the Material") from the use of the Software you hereby agree to release any intellectual property rights which you may have in the material to FXHOME and expressly authorise FXHOME to use the material in any manner or for any purpose whatsoever.
3.8 Your licence to use the Software shall automatically terminate if you commit any act in breach of this clause 3 of this Licence Agreement.
4. Disclaimer of Warranty
YOU UNDERSTAND AND AGREE AS FOLLOWS:
4.1 FXHOME MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT OF THE SOFTWARE.
4.2 FXHOME MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE SOFTWARE WILL BE ERROR FREE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE.
4.3 FXHOME IS NOT LIABLE FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU VIA THE SOFTWARE.
5. Disclaimer of Damages
5.1 IN NO EVENT WILL FXHOME BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF FXHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 IN THE EVENT THAT FXHOME IS FOUND TO BE LIABLE TO YOU FOR DAMAGES THEN FXHOME’S LIABILITY TO YOU SHALL NOT EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.
6. Termination
6.1 This Agreement is effective until terminated by you or FXHOME upon notice.
6.2 You may terminate it at any time by destroying the Software including all computer programmes and documentation and erasing any copy residing on computer equipment.
6.3 This Agreement will terminate if you do not comply with any terms or conditions of this Agreement.
6.4 Upon termination of this Agreement you agree to destroy the Software and erase all copies residing on computer equipment.
7. General
7.1 You are responsible for downloading/installation, management and operation of the Software.
7.2 This Agreement will be governed by the laws of England.
7.3 This Agreement may only be varied or modified by a Licence Addendum which accompanies this Licence or by written document which has been signed by both you and FXHOME.
THE SOFTWARE DESCRIBED IN THIS AGREEMENT IS LICENSED TO YOU STRICTLY UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ IT THROUGHLY. THE SOFTWARE MAY BE USED OR COPIED ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
