End User License Agreement
This is a legal agreement between you (‘the Licensee’) and iDateMedia for the grant by iDateMedia to you of a license of the review software upon the terms and conditions of this Agreement.
By purchasing the review software you are agreeing to be bound by the terms of this agreement and limited warranty.
Grant of License
In consideration of the full payment by the Licensee to iDateMedia of the license fee in accordance with iDateMedia’s standard terms of trading and the Licensee hereby agreeing to comply with the terms and conditions of this License and the limited warranty specified in clause 3 (‘Limited Warranty’) iDateMedia hereby grants to the Licensee a perpetual non-exclusive license (‘License’) to use and display iDateMedia’s computer software program (‘the Software’) and where appropriate the instruction manuals user guides and other information to be made available by iDateMedia at its discretion in either printed or machine readable form to the Licensee (‘Documentation’) and to possess and refer to the Documentation upon the terms and conditions of this Agreement.
The Licensee may make and keep any number of copies of the Software solely for back-up purposes provided only one copy of the Software per License is used at any one time. Each copy must maintain and include iDateMedia’s copyright notice within the code.
iDateMedia warrants for a period of 365 days that the Software will perform substantially from the date of installation provided that the Software is properly used on the computer and with the operating system for which it was designed. This does not affect your rights to ongoing support beyond the 365 day period.
iDateMedia’s entire liability and the Licensee’s exclusive remedy shall be, at iDateMedia’s option, either (a) a rebate of the license fee or (b) correction or replacement of the Software that does not meet iDateMedia’s Limited Warranty and which is returned to The Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or 365 days whichever is the longer.
No Other Warranties
To the maximum extent permitted by applicable law, iDateMedia disclaims all other warranties, either express or implied (whether by statute, common law, trade usage, course of dealing or otherwise) including but not limited to implied warranties of merchantability and fitness for any particular purpose with respect to the Software and Documentation.
Once the software is delivered there are no refunds. iDateMedia will work with every customer to make things right.
No Liabilities for Consequential Damages
To the maximum extent permitted by applicable law, iDateMedia and its suppliers shall not be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other financial or consequential loss) arising out of the use of or inability to use the Software even if iDateMedia has been advised of the possibility of such damages. iDateMedia’s entire liability under any provision of this Agreement shall, in any event, be limited to the amount of the license fee actually paid by the Licensee for the Software and Documentation.
Subject to the restrictions and conditions of this License and to third party intellectual property claims you may make adaptations of the Software in source code form. Adaptations means any work (i.e. code, document, etc.) based on the Licensed Software or any part of it, for example (i) any work incorporating the Software or any part of it, (ii) any work incorporating any modified form of the Software or any part of it. Adaptations that are made by the licensee are not supported by iDateMedia.
Property in the Software and Documentation
The Software and the Documentation contain proprietary information of iDateMedia and all copyright, trademarks and other intellectual property rights in the Software and the Documentation are the exclusive property of iDateMedia .
The Licensee shall take all such steps as shall be necessary or appropriate to protect iDateMedia’s copyright and proprietary information in the Software and the Documentation and without prejudice to the generality of the foregoing shall not rent, lease, sub-license, 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 or the Documentation.
If the Licensee sells, disposes of, or otherwise loses control of the processor on which the Software is running then the Licensee shall ensure that the Software is removed or deleted before the sale or disposition.
Title and Copyright
It is an express condition of this License that iDateMedia retains title and ownership of the Software and any new version or new releases provided under any warranty or otherwise and all subsequent copies from the Software and the Documentation regardless of the form or media. No title or rights of ownership, copyright or other intellectual property in the Software will be transferred to the Licensee.
The Licensee shall not delete, remove or alter any proprietary marks on the Software and the Documentation.
The License is effective until terminated by the Licensee destroying the Software and the Documentation together with all copies. The License will also terminate if there is any failure to comply with the terms of this Agreement. Upon termination, the Licensee agrees to destroy all Software and the Documentation including any Software on the hard disk of any computer under its control.
Termination shall be without prejudice to any accrued rights and outstanding obligations of the parties to each other. The obligations under clauses 4 and 5 shall survive the termination of this Agreement.
No amendment to this Agreement is valid unless signed by an authorized signatory of iDateMedia and the Licensee.
Law and Jurisdiction
This Agreement shall be governed and construed in accordance with American Law and the parties shall submit to the non-exclusive jurisdiction of the US Courts. Any rights not expressly granted herein are reserved. All Trademarks respected.