1. INTRODUCTION
This Licence Agreement (“Agreement”) is an agreement between you and EDITLite Limited (“EDIT”). Please read these terms and conditions carefully before downloading our YourView software program (“YourView”) as they contain important information about your rights and obligations. It governs your use of YourView. In particular, we draw your attention to the limits on our liability set out in section 6.
By downloading, installing or otherwise using YourView you agree to be legally bound by this Licence Agreement.
If you do not wish to be bound by this Agreement, then you may not download or use YourView.
2. LICENCE
Specific conditions which apply to the type of licence you have acquired from EDIT are:
Beta Period Licence: You may use YourView to assist EditLite in testing the product during the Beta phase. During this time you will be able to purchase YourView at a discount prior to the launch of the product (see www.YourView.tv for details). At the end of this period, if you do not purchase a Full Licence from EDIT you must permanently delete all copies of YourView in your possession and/or control.
Trial Period Licence: You may use YourView to assess whether it meets your needs for a period of up to 7 days from the date on which you download it. At the end of this period, if you do not purchase a Full Licence from EDIT you must permanently delete all copies of YourView in your possession and/or control.
Full Licence: With a Full Licence you may install and use one copy of YourView for your own private purposes only on a single computer.
3. RESTRICTIONS
You may make one copy of YourView solely for backup and recovery purposes. Any such copy shall in all respects be subject to the terms and conditions of this Agreement. You may not make any other copies of YourView nor may you provide or otherwise make available YourView (or any copy of YourView) in whole or in part in any form to any other person.
You shall not remove or obscure any copyright and trademark notices or other proprietary notices relating to YourView. All such notices must be replicated exactly as it appears on YourView on any copy you make in accordance with this Agreement.
You shall not reverse engineer, decompile or disassemble YourView except to the extent expressly permitted by any applicable local laws which may over-rule this restriction.
You may not rent, lease, sub-licence, dispose of, deal in or with or otherwise part with possession of YourView (in whole or in part).
You shall not use YourView in any way other than in a manner specifically licensed under this Agreement.
4. INTELLECTUAL PROPERTY RIGHTS
The copyright, patents, trade marks and all other intellectual property rights in YourView and related documentation are owned by and remain the property of EDIT [or its suppliers] and are protected by national laws and international treaty provisions. You do not obtain any rights in YourView other than those expressly granted in this Agreement.
5. TERMINATION
This Agreement is effective until terminated. EDIT will be entitled to terminate this Agreement with immediate effect if you fail to comply with any provision of this Agreement. Upon notice of termination from EDIT you shall destroy all copies of YourView in your possession and/or control.
6. LIABILITY
Nothing in this Agreement shall limit or exclude EDIT’s liability for:
fraud or other criminal act;
personal injury or death caused by our negligence;
any other liability that cannot be limited or excluded by law.
Subject to paragraph 1 of this section 6:
EDIT accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, anticipated savings or business, however caused and even if foreseeable or made known to EDIT;
all conditions, warranties and other terms which might have effect between the parties or be implied or incorporated into this Agreement, whether by statute, common law or otherwise, are hereby excluded to the fullest extent permissible at law; and
EDIT’s maximum liability to you for any cause whatsoever will be limited to the amount paid for YourView.
7. GENERAL
If a Court or other competent authority decides that any provision of this Agreement is void or otherwise ineffective in whole or in part then any other part and the other terms and conditions of this Agreement shall continue in full force and effect.
The parties to this Agreement do not intend that any term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements, arrangements or undertakings between the parties relating to the subject matter of this Agreement and any representations or warranties previously given or made to it.
You may not assign this Agreement nor any of its rights or obligations hereunder nor sub-license the use (in whole or in part) of YourView without EDIT’s prior consent.
All notices shall be given:
to EDIT via e-mail at notices@yourview.tv;
to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
This Agreement is governed by and interpreted in accordance with English law. Any disputes or claims relating to this Agreement shall be subject to the exclusive jurisdiction of the English Courts.