Terms
and Conditions
HOW MUCH SOFTWARE LIMITED and it's associated companies (all, hereafter,
referred to as "The Company") have designed various
software products and associated services (hereafter
"Service") for use by individuals, as well as private
limited companies and public limited companies (hereafter
"You").
1.
Description of Service
The
Company provides downloaded software and services for
the mobile telecommunications market. In line with the
License section shown below, You will be permitted to
download / receive the relevant Service to a compatible
handset on successful completion of payment where such
payment is required. It is essential that You make the
necessary enquiries as to the payments that You are expected
to make. Payments for Consumer / Personal use differ to that
of Commercial use.
2. License
Conditions
Subject
to your compliance with the Terms of this agreement,
The Company grants to you a limited, personal, non-sublicensable,
non-transferable, non-exclusive license to use one copy
of the Service only for your personal, non-commercial
use on a single cellular device, or any similar device
used to transmit or receive analgoue or digital information
via mobile telecommunications infrastructure.
This license is granted to You on the basis that you
warrant and confirm that you are at least 16 years of
age. The license is also granted subject to You confirming
that you have the permission of the subscriber of the
mobile service to sign-up to a Service provided by The
Company. Furthermore, both You and the subscriber agree
to be fully bound by the Terms of this agreement in
order for the license to be granted.
You are fully responsible for all activities occurring
during the term of your license. This responsibility
includes, but is not limited to, any fees incurred for
the Service. Should You suspect unauthorised use of
the Service for which You have been granted a license,
You agree to to notify The Company immediately as The
Company will not be held liable for any loss or damage
arising from your failure to comply with this condition.
You are not permitted to assign or transfer any of the
rights granted you as a result of this agreement. The
Company does reserve the right to assign it's rights
and obligations under this agreement and any receivables
based on this agreement to a third party upon giving
you a minimum of 28 days written notice. The Terms of
such an assignment must not be on less favourable Terms
than those received by You under this license agreement.
The Company shall make all reasonable efforts to provide
a continuous service for the Service that You have been
granted a license for. However, The Company reserves
the right to suspend the Service for what it believes
to be necessary maintenance, update or upgrade work.
Please refer to the Disclaimer for further information
in this regard.
3. General
Restrictions
You
shall not (nor shall You permit anyone else to) directly
or indirectly:
- copy (except as expressly set forth above), modify,
or distribute the Service or any portion thereof;
- reverse engineer, disassemble, decompile or otherwise
attempt to discover the source code or structure, sequence
and organization of the Service or any portion thereof
(except where the foregoing is permitted by applicable
local law, and then only to the extent so permitted);
- rent, lease, or use the Service or any portion thereof
for timesharing or service bureau purposes, or otherwise
use or allow the use of the Service or any portionthereof
for any commercial purpose or on behalf of any third
party;
- remove or obscure any proprietary notices on the Service;
- post or otherwise make available the Service, or any
portion thereof, in any form, on the Internet or the
World Wide Web;
- distribute copies of the Service to others (electronically
or otherwise);
- use a previous version of the Service afteryou receive
a new version
- use, or attempt to use or share, the Service on a
network with others;
- distribute the Service or any component of the Service;
or
- export or reexport the Service in violation of any
laws or regulations.
As a specific condition of this license, You agree to
use the Service in compliance with all applicable laws,
including without limitation copyright laws, and that
You will not copy, transmit, perform or distribute any
audio, video or other content using the Service without
obtaining all necessary licenses or permissions from
the owner of the content.
4. Proprietary
Rights
The
Company shall own and retain all right, title, and (except
as expressedly licensed hereunder) interest in and to
the Service all copies or portions thereof, and any
derivative works thereof (by whomever created). The
Service is protected by copyright laws and international
copyright treaties, as well as other intellectual property
laws and treaties. Notwithstanding anything else, the
Service is licensed and not sold. All rights in the
Service not specifically granted in this Agreement are
reserved by the Company. |
