PLEASE READ THE FOLLOWING LICENCE TERMS AND CONDITIONS CAREULLY. YOU WILL BE BOUND BY THE TERMS OF THE LICENCE SHOULD YOU EITHER DIRECTLY OR ELSE THROUGH SOMEONE ACTING ON YOUR BEHALF, INSTALL AND/OR OPERATE THE PICTURE BANK FOR YOUR OWN PURPOSES OR ELSE PURPORT TO DISPOSE OF THE PICTURE BANK.
1. The Licence:
(a) The Licensor grants to you a non-exclusive, non-transferable licence to install and use the CHANGE Picture Bank on 1 (ONE) terminal on which the CHANGE Picture Bank is installed at the location of the purchaser. If the address is different to the purchaser's addresses please notify us.
(b) The CHANGE Picture Bank may only be run or otherwise operated by your employees on equipment owned by you. Any further use is prohibited.
(c) You must only use the pictures from CHANGE Picture Bank to make information accessible and easy to understand.
(d) If you want to use the pictures from the CHANGE Picture Bank CD Rom to make money you must write to CHANGE and ask their permission.
2. Restrictions:
(a) You are responsible for the installation of the CHANGE Picture Bank CD Rom.
(b) The CHANGE Picture Bank CD Rom or any part of it may not be installed on an internal or externally accessible network unless licensed to do so.
(c) The CHANGE Picture Bank CD Rom must by no means be copied for personal use.
(d) The CHANGE Picture Bank CD Rom is not for re-sale, rent or loan.
(e) You must not modify the CHANGE Picture Bank Program in any way however the pictures can be used as required.
3. Rights
You acknowledge that the Picture Bank is protected by copyright, database right and other intellectual property rights and that, as between you and the Licensor, these rights belong to the Licensor. You may only extract or utilise data from the Picture Bank or copy or otherwise use the Picture Bank in accordance with any express permission given to you by this Licence and for no other purpose.
4. Liability of the Licensor
(a) Whilst the Licensor does not warrant that the CHANGE Picture Bank is and will be free from viruses it has taken reasonable steps to check the same but you are solely responsible for performing virus and other checks of the CHANGE Picture Bank. Furthermore the Licensor does not warrant that the CHANGE Picture Bank will be free from minor errors or defects which do not materially affect the operation of the CHANGE Picture Bank.
(b) All conditions, warranties, terms, representations and undertakings express or implied, statutory or otherwise in respect of the CHANGE Picture Bank are expressly excluded in so far as permitted by law.
(c) Nothing in this Licence shall limit or exclude the Licensor's liability to you for death or personal injury resulting from the Licensor's own negligence or that of its employees or any other liability not capable of exclusion or limitation by reason of statute.
5. Termination
The Licence may be terminated by the Licensor in the event of a material breach by you of its terms. On termination the Licensor will be entitled to demand that you delete the installed set up program for your computers and destroy any back-up or other copies of the Product or part thereof and return all copies of the Product to the Licensor.
6. Miscellaneous
(a) The rights and remedies of the Licensor under this Licence do not exclude any other rights or remedies provided by law.
(b) If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms shall be severed from the remaining terms which shall continue to be valid to the fullest extent permitted by law.
(c) This licence supersedes and invalidates all other commitments, representations and warranties relating to the CHANGE Picture Bank, which may have been made by the parties either orally or in writing.
(d) This Licence shall be governed by English law and you and the Licensor submit to the exclusive jurisdiction of the English Courts.
(e) The Licence may only be varied by way of a written document signed by both you and the Licensor.