Software License Agreement for users of Fotosizer Professional Software
1. SOFTWARE LICENSE AGREEMENT
This end-user license agreement is a legal contract between you, as either an individual or as a business entity and FutureFiniti Limited ("FutureFiniti").
The following terms have the following meanings:
"License" means the license to use the Product as set out at paragraph 2 below.
"Product" means the software product known as Fotosizer Professional including any new version provided to you by FutureFiniti pursuant to this agreement.
"Product Description" means the written description of the Product at www.fotosizer.com.
By proceeding to download or install the Product, and in consideration of your use of the Product, you are deemed to agree to be bound by the terms of this agreement and to review our Privacy Policy which explains how we collect and use your information.
FutureFiniti permits you to use the Product only in accordance with the terms of this agreement and this agreement and the License will terminate automatically without notice if you fail to comply with the terms of this agreement. Should this agreement terminate for any reason you must immediately cease all further use of the Product and destroy all copies of it.
2. PRODUCT LICENSE
Subject to and in consideration of payment of the applicable fee and you agreeing to abide by the terms of this License and subject to your compliance with the terms of this agreement, FutureFiniti grants you a non-exclusive, non-transferable lifetime license to use the Product for the following purposes and in the following manner:
- You shall NOT be permitted to grant any sub-licenses of the Product;
- You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the Product without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn;
- You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the Product in whole or in part;
- You may NOT use the Product to engage in or allow others to engage in any illegal activity;
- You may NOT transfer or assign your rights or obligations under this agreement to any person or authorize all or any part of the Product to be copied on to another user's computer;
- You may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Product except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law;
- You may NOT install the Product on more computers that you have purchased Licenses for. The number of permissible Installations is defined in your purchase;
- You may NOT distribute the Product by means of Terminal Services or other services allowing multiple user profiles accessed at the same time from different remote locations.
An "Installation" is defined as:
(i) the installation of one copy of the Product on an individual physical device or PC, which does not have Virtualization Capability (as defined below); or
(ii) each instance of the Product which is installed on a virtual machine operating on a device which has Virtualization Capability.
"Virtualization Capability" means making a single physical device appear to function as multiple virtual resources.
"1 PC" product edition allows installation on a single computer.
"3 PC" product edition allows installation on 3 computers.
"10 PC" product edition allows installation on 10 computers.
"50 PC" product edition allows installation on 50 computers.
"350 PC" product edition allows installation on 350 computers.
"1000 PC" product edition allows installation on 1000 computers.
"Unlimited PC" product edition allows installation on an unlimited number of computers.
3. UPDATE SERVICES
FutureFiniti shall from time to time, via its website, make available new versions of the Product for you to download and use (the "Update Services"). These Product updates will be free of any further charge.
4. TERM AND TERMINATION OF SERVICES
The Product license shall start on the date on which FutureFiniti sends a confirmatory email to you confirming full payment of the Product fee and shall continue indefinitely or for such other period as we may agree with you in writing.
FutureFiniti may terminate the Product license immediately and without any liability to refund any payments to you if:
- You commit a material or persistent breach of this agreement;
- You become insolvent or unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986;
5. INTELLECTUAL PROPERTY RIGHTS
The Product contains intellectual property of FutureFiniti and is protected by law. You acknowledge that all intellectual property rights in the Product anywhere in the world belong to FutureFiniti, that rights in the Product are licensed (not sold) to you, and that you have no rights in, or to, the Product other than the right to use it in accordance with the terms of the License.
FutureFiniti warrants to you that to the best of its knowledge, the Product does not infringe the UK intellectual property rights of a third party.
6. WARRANTY AND DISCLAIMER
FutureFiniti warrants that
- for a period of 30 days from the date of installation, when properly used the Product shall perform substantially in accordance with the functions described in the Product Description; and
- it has tested the Product for viruses using commercially available virus-checking software; and
- the Services will be performed with reasonable care and skill and in accordance with applicable laws and regulations of the United Kingdom.
If, within the period of 30 days from the date of installation you notify FutureFiniti in writing of any defect or fault in the Product in consequence of which it fails to perform substantially in accordance with the Product Documentation, and such defect or fault does not result from you having amended the Product or used it in contravention of the terms of this License, FutureFiniti will, at its sole option, repair or replace the Product, provided that you make available all information that may be necessary to assist FutureFiniti in resolving the defect or fault, including sufficient information to enable FutureFiniti to recreate the defect or fault.
7. LIMITATION OF LIABILITY
THE PRODUCT IS DELIVERED TO YOU 'AS IS' AND WITH ALL FAULTS. FUTUREFINITI DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT AND TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT BE EXCLUDED OR LIMITED BY LAW, WE MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. THE PROVISIONS OF THIS PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT HOWSOEVER CAUSED.
FUTUREFINITI’S LIABILITY TO YOU FOR LOSSES SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL BE LIMITED EACH YEAR IN TOTAL TO THE CHARGES PAID BY YOU UNDER THIS AGREEMENT IN THE YEAR IN WHICH THE LIABILITY AROSE.
IN NO CIRCUMSTANCES WILL FUTUREFINITI BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOST INFORMATION, LOSS OF DATA NOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
FUTUREFINITI WARRANTS TO YOU THAT THE SERVICES WILL BE PERFORMED WITH REASONABLE CARE AND SKILL AND IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS OF THE UNITED KINGDOM.
FUTUREFINITI’S LIABILITY TO YOU FOR LOSSES SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL BE LIMITED EACH YEAR IN TOTAL TO THE CHARGES PAID BY YOU UNDER THIS AGREEMENT IN THE YEAR IN WHICH THE LIABILITY AROSE.
NOTHING IN THIS AGREEMENT LIMITS FUTUREFINITI’S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR FOR FRAUD. THE PROVISIONS OF THIS PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT HOWSOEVER CAUSED.
8. LAW AND JURISDICTION
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.
9. GENERAL
- If any part of this agreement is found to be void and unenforceable it will not affect the validity of the remainder of this agreement, which shall remain valid and enforceable according to its terms.
- This agreement may only be varied in writing and signed by an authorized representative of FutureFiniti. However, notwithstanding the foregoing, FutureFiniti may revise this agreement from time to time by posting the most current version on its website. If a revision meaningfully reduces your rights, FutureFiniti will notify you (by, for example, sending a message to the email address associated with your account, posting on its blog or on this web page). By continuing to use the Product after the revisions come into effect, you agree to be bound by the revised agreement.
- Updates may be licensed to you by FutureFiniti with additional or different terms but FutureFiniti has no obligation to provide any updates.
- This agreement is the entire agreement between you and us and supersedes any prior representations, undertakings or advertising relating to the Product and you acknowledge that in entering into this agreement you have not relied on any statement, representation, advertising, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
- Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
- All notices or approvals required or permitted under this Agreement will be in writing and delivered by email (we will email you at the email address you provided us when you initially purchased your license), and in each instance will be deemed given upon receipt.
- The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
- You may not assign any of your rights under this agreement, and any such attempt will be void. FutureFiniti is entitled to transfer or assign any of its rights or obligations under this Agreement.
