Single User License
p>This license refers to the purchase of the ‘YOUR MINDER’
This License is between the Purchaser and Cambridge New Media Services (CNMS)
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (”LICENSE”) CAREFULLY BEFORE USING ‘YOUR MINDER’ SOFTWARE. BY USING ‘YOUR MINDER’ SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1 Licence of use
CAMBRIDGE NEW MEDIA SERVICES grants You a non- exclusive and non-transferable license (the “License”) for the use of CAMBRIDGE NEW MEDIA SERVICES’s software in machine readable form and accompanying documentation on the a single machine for which it is licensed and which You pay the License fee. The License governs any releases, revisions or enhancements to ‘YOUR MINDER’ which CAMBRIDGE NEW MEDIA SERVICES may furnish to You.
2 Restrictions of Use
‘YOUR MINDER’ is copyrighted and contains proprietary information and trade secrets belonging to CAMBRIDGE NEW MEDIA SERVICES. You will not use ‘YOUR MINDER’ for any purpose other than for use on Your own internal business purposes or make copies of the software, other than a single copy of the software in machine-readable format for back-up or archival purposes. You may make copies of the associated documentation for Your internal use only. You shall ensure all proprietary rights notices on that Product are reproduced and applied to any copies. You may not modify, disassemble, decrypt, or otherwise reverse engineer ‘YOUR MINDER’, or create derivative works based upon all or part of ‘YOUR MINDER’. You may not transfer, lease, assign, make available for timesharing, or sublicense, in whole or in part, ‘YOUR MINDER’. No right, title or interest to any trademarks, service marks or trade names of CAMBRIDGE NEW MEDIA SERVICES is granted by this License.
2 a. Service and Maintence provision
You will not request, permit or authorise anyone to provide any maintenance or support services in respect of ‘YOUR MINDER’ except for the CAMBRIDGE NEW MEDIA SERVICES or authorised parties as agreed by CAMBRIDGE NEW MEDIA SERVICES.
2 b. Evaluation Copies
Not withstanding other sections of this License, ‘YOUR MINDER’ Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred. Unless otherwise stated such promotional products may be used for 30 Days.
3 Disclaimer of Warranties.
SO FAR AS PERMITTED BY LAW THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ‘YOUR MINDER’. CAMBRIDGE NEW MEDIA SERVICES SHALL BE LIABLE WITHOUT LIMIT FOR INJURY TO OR DEATH OF ANY PERSON CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF CAMBRIDGE NEW MEDIA SERVICES, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS OR FOR FRAUD. IN NO OTHER EVENT WILL CAMBRIDGE NEW MEDIA SERVICES BE LIABLE TO YOU FOR DAMAGES IN EXCESS OF AMOUNTS PAID BY YOU TO CAMBRIDGE NEW MEDIA SERVICES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE ‘YOUR MINDER’, EVEN IF CAMBRIDGE NEW MEDIA SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAMBRIDGE NEW MEDIA SERVICES AND ITS AUTHORIZED REPRESENTATIVES WILL NOT BE LIABLE FOR ANY SUCH CLAIM BY ANY OTHER PARTY.
This does not effect your Statutory rights
4 Export Regulations
‘YOUR MINDER’ is not licensed for export to Cuba, North Korea, Iran, Iraq, Libya, Syria, Sudan or Zimbabwe.
5 Conditions of Purchase
THIS LICENCE AND THE SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN CAMBRIDGE NEW MEDIA SERVICES AND YOU WITH RESPECT TO THEIR SUBJECT MATTER TO THE EXCLUSION OF ANY TERMS IMPLIED BY LAW WHICH MAY BE EXCLUDED BY CONTRACT. ALL PRIOR PROPOSALS, UNDERSTANDINGS, AND OTHER AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES THAT RELATE TO THIS SUBJECT MATTER ARE SUPERSEDED AND REVOKED. EACH OF CAMBRIDGE NEW MEDIA SERVICES AND YOU ACKNOWLEDGES THAT IT HAS NOT BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY ANY REPRESENTATION, WARRANTY OR UNDERTAKING NOT EXPRESSLY INCORPORATED INTO IT. SO FAR AS PERMITTED BY LAW AND EXCEPT IN THE CASE OF FRAUD, EACH OF CAMBRIDGE NEW MEDIA SERVICES AND YOU AGREES AND ACKNOWLEDGES THAT ITS ONLY RIGHTS AND REMEDIES IN RELATION TO ANY REPRESENTATION, WARRANTY OR UNDERTAKING MADE OR GIVEN IN CONNECTION WITH THIS AGREEMENT, SHALL BE FOR BREACH OF THE TERMS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER RIGHTS AND REMEDIES (INCLUDING THOSE IN TORT OR ARISING UNDER STATUTE)
6 License Location
This License is made under and shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts. If any provision of this License is held invalid, all other provisions shall remain valid unless such validity would frustrate the purpose of this License, and this License shall be enforced to the full extent allowable under applicable law. No modification to this License is binding, unless in writing and signed by a duly authorized representative of each party. The License granted hereunder shall terminate upon Your breach of an term herein and you shall cease use of and destroy all copies of Product. Any Product purchased by You after the purchase of ‘YOUR MINDER’ which is the subject of this License shall be subject to all of the terms of this License. CAMBRIDGE NEW MEDIA SERVICES may assign or transfer all or any part of its rights and obligations under this Licence. This Licence does not create any right under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not a party to.
