IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENCE AGREEMENT.
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licenced, not sold.
This End User Licence Agreement ("EULA") is a legal agreement between you (either an individual or a single entity such as a public or private organisation or business) and Bright Creatives Ltd.with regard to the copyrighted Software (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this EULA and the Licence Contract ("Licence Contract") assigned to you. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by Bright Creatives Ltd in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Bright Creatives Ltd are unwilling to licence the SOFTWARE PRODUCT to you.
1. ELIGIBLE LICENSEES
This Software is available for licence solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
2. GRANT OF LICENCE
Bright Creatives Ltd grants to you a non-transferable and non-exclusive right to use a copy/copies of the Software provided with this EULA as agreed in the Licence Contract on a computer /computers running a validly licensed copy /copies of the operating system for which the SOFTWARE PRODUCT was designed. You agree you will not copy the Software except as necessary to use it on a single computer/computers as designated in the Licence Contract. You agree that you may not copy any written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer or redistribute this Software.
3. COPYRIGHT
The Software is licenced, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Bright Creatives Lt and/or their suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, graphics, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), any accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Bright Creatives Ltd or their suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy printed materials accompanying the SOFTWARE PRODUCT. You many not remove any copyright notices from the SOFTWARE PRODUCT. All rights not expressly granted are reserved by Bright Creatives Ltd.
4. REVERSE ENGINEERING
You agree that you will not attempt, and if you are a public or private organisation or enterprise, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this licence and the reversion of the rights granted hereunder to Bright Creatives Ltd.
5. DISCLAIMER OF WARRANTY
The Software is provided "AS IS" without warranty of any kind. Bright Creatives Ltd and their suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither Bright Creatives Ltd nor their suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Bright Creatives Ltd do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Bright Creatives Ltd make no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Bright Creatives Ltd ARE NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
6. LIMITATION OF LIABILITY
Bright Creatives Ltd’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall Bright Creatives Ltd or their suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Bright Creatives Ltd or their suppliers have been advised of the possibility of such damages, or any claim by a third party.
7. RENTAL
You may not loan, rent, or lease the SOFTWARE.
8. CANCELLATION RIGHTS
Should you wish to cancel your order, Bright Creatives Ltd will refund in full via PayPal or credit card your payment for our SOFTWARE PRODUCT and services up to seven days after you have made your payment transaction, i.e. when the service becomes available, in accordance with the Distance Selling Regulations. However, if you have logged on to the SOFTWARE PRODUCT or service , or you have used or accessed or downloaded any part of the product or service as advertised at the time of purchase and the product or service has in effect already started, Bright Creatives Ltd will be unable to refund your purchase.
9. UPGRADES
If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licenced as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer.
10. PRODUCT SUPPORT
Product support for the SOFTWARE PRODUCT is provided by Bright Creatives Ltd. For product support, please contact Bright Creatives Ltd at the address listed at the end of this EULA. Should you have any questions concerning this, please refer to the address provided in the documentation. Any supplemental software code provided to you as part of the product support services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall Bright Creatives Ltd or their suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the SOFTWARE PRODUCT, even if Bright Creatives Ltd have been advised of the possibility of such damages. Bright Creatives Ltd shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
12. INDEMNIFICATION BY YOU
If you distribute the SOFTWARE PRODUCT in violation of this Agreement, you agree to indemnify, hold harmless and defend Bright Creatives Ltd and their suppliers from and against any claims or lawsuits, including lawyer's fees that arise or result from the use or distribution of the Software in violation of this Agreement.
13. TERMINATION
Without prejudice to any other rights, Bright Creatives Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
Bright Creatives Ltd
Brick Works, Studio 7
Hannington Street
Ouseburn
Newcastle upon Tyne
Tyne & Wear
UNITED KINGDOM
NE6 1JT
T: 0845 094 3669
E: info@brightcreatives.co.uk
W: www.brightcreatives.co.uk
Registered in England and Wales No. 5051978
VAT No. 880 7895 67