Terms and Conditions
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THE SOFTWARE:
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Bonne App Limited of 18 Upland Crescent, Truro, Cornwall, United Kingdom (Licensor,
us or we), for any of the Alive video wallpaper range and its video footage (Software); and printed materials and electronic documentation (Documentation).
We licence use of the Software and Documentation to you on the basis of this Licence. We do not sell the Software or Documentation to you. We remain the owners of the Software and Documentation at all times.
IMPORTANT NOTICE TO ALL USERS: BY USING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE AND DOCUMENTATION TO YOU AND YOU MUST NOT USE THE SOFTWARE.
1. GRANT AND SCOPE OF LICENCE
- In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software and the Documentation on the terms of this Licence.
- You may: (a) install and use the Software for your personal purposes only on one CPU or device; (b) provided it is used on only one device at any one time, transfer the Software from one device to another.
Except as expressly set out in this Licence or as permitted by any local law, you undertake: (a) not to copy the Software or Documentation except where such copying is incidental to normal use of the Software or where it is necessary for the
purpose of back-up or operational security; (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation; (c) not to make alterations to, or modifications of, the whole or any part of
the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; (d) not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of
the Software nor attempt to do any such things except to the extent that such actions are permitted by law for the purpose of achieving inter-operability of the Software with another software program, and provided that the information
obtained by you during such activities: (i) is used only for the purpose of achieving interoperability of the Software with another software program; (ii) is not disclosed or communicated without the Licensor's prior written consent
to any third party to whom it is not necessary to disclose or communicate it; and (iii) is not used to create any software which is substantially similar to the Software; (e) not to provide, or otherwise make available, the Software in
any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us; (f) not to use the Software via any communications
network or by means of remote access.
3. INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software
or the Documentation other than the right to use them in accordance with the terms of this Licence.
- You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
4. LIMITED WARRANTY
- We warrant that: (a) the Software will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documentation; and (b) that the Documentation correctly
describes the operation of the Software in all material respects, for a period of 30 days from the date of installation of the Software (Warranty Period).
- If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Documentation, we will, at our sole option, either repair or
replace the Software, provided that you make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
- The warranty does not apply: (i) if the defect or fault in the Software results from you having amended the Software; (ii) if the defect or fault in the Software results from you having used the Software in contravention of the terms of
5. LIMITATION OF LIABILITY
- You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet
- We only supply the Software and Documentation for domestic and private use. You agree not to use the Software and Documentation for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss
of business, business interruption, or loss of business opportunity.
- Our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 100% of the Licence Fee. This does not apply
to the types of loss set out in condition 5.4.
- Nothing in this Licence shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any other liability that cannot be excluded or limited by English
- We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you
to do so.
- Upon termination for any reason: (i) all rights granted to you under this Licence shall cease; (ii) you must cease all activities authorised by this Licence; (iii) you must immediately pay to the Licensor any sums due to the Licensor under
this Licence; and (iv) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody
or control and, in the case of destruction, certify to us that you have done so.
7. COMMUNICATIONS BETWEEN US
- If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e-mail to email@example.com. We will confirm receipt of this by contacting you in writing,
normally by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order for the Software.
8. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control means any
act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks. If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
(i) our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and (ii) we will use our reasonable endeavours to find a solution
by which our obligations under this Licence may be performed despite the Event Outside Our Control.
9. OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
- You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
- You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in this Licence or any document expressly referred to in it.
- If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean
that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- This Licence, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.