Licence
SKIMONDO GUIDE
END USER LICENCE AGREEMENT
PLEASE READ THIS ENTIRE LICENCE AGREEMENT CAREFULLY BEFORE USING, DOWNLOADING OR UPDATING THIS SOFTWARE PRODUCT. THIS LICENCE AGREEMENT IS BETWEEN AND IS LEGALLY BINDING UPON YOU ("LICENSEE") AND SNOMONDO LIMITED (“Snomondo”). BY USING OR DOWNLOADING THIS PRODUCT, LICENSEE AGREES AND ACCEPTS THE TERMS OF THIS LICENCE AGREEMENT INCLUDING THE LICENCE RESTRICTIONS ON USE, LIMITED WARRANTY AND DISCLAIMER. LICENSEE AGREES TO THE FOLLOWING TERMS AND CONDITIONS.
In this Agreement:
“Agreement” means this end user licence agreement.
“Assets” means in relation to the Product the software, data, content and all other materials and elements that is owned by Snomondo or its third party licensors.
“Product” means this product called “Skimondo Guide” which uses, includes and incorporates the Assets.
1. GRANT OF LICENCE
The Product including any amended versions or updated versions that you are about to use or download is used under the terms of this Agreement only. The use of the Product by the Licensee is strictly limited to the use granted under this Agreement. Subject to Licensee’s compliance with the terms of this Agreement Snomondo grants to Licensee the following non-exclusive, non-transferable, non-assignable rights:
(i) to use or download one copy of the Product for the Licensee’s sole personal use.
(ii) to download the Product for the purpose of updating a single Product with the most current version; and
(ii) to use this Product for reference purposes only and not as a sole resource for navigation and/or safety while engaging in recreational mountain activities.
2. COPYRIGHT NOTICE
The Product is owned by Snomondo or its licensors. The Product including its Assets is protected by English copyright laws and international treaty provisions. Licensee must treat this Product like any other copyrighted material in that such protected works may not be copied, reproduced, reversed-engineered, decompiled, stored in a retrieval system, or retransmitted in whole or in part, in any form or by any means, except as otherwise explicitly authorized in this Agreement. All rights not expressly granted are reserved by Snomondo or its licensors. Any username, nickname, activation code or security code provided to Licensee by Snomondo shall remain the property of Snomondo and may be withdrawn, cancelled or changed by Snomondo at any time for any reason at Snomondo’s entire discretion, without compensation to Licensee.
© Snomondo Limited 2007, 1 Market Hill, Royston, Herts, SG8 9JL, United Kingdom
3. RESTRICTIONS ON USE
The Product is licensed for use as a single Product. Use of this Product in multiple products is NOT authorised and breaches the terms of this Agreement. Except as otherwise explicitly authorised, Licensee may NOT:
(a) copy, reproduce, or publish the Product;
(b) electronically transfer the Product to multiple mobile phones, Personal Digital Assistants or computers over a network system;
(c ) use the Product on more than one delivery system at any time;
(d) distribute copies of the Product or accompanying materials to others;
(e) modify, adapt, translate, reverse engineer, decompile, or disassemble the Product or create derivative works based on the Product;
(f) assign, hire, rent, lend, or sublease the Product;
(g) sell or transfer the Product;
(h) publicly perform, show or display the Product;
(i) remove, change or obscure any Product identification or notice on or in the Product.
Nor will the Licensee instruct or allow others to carry out any of the foregoing provisions of this clause.
4. TERM AND TERMINATION
Licensee may use this Product under the terms of this Agreement for an initial free trial period determined by Snomondo that may vary from time to time at Snomondo’s sole discretion.
Following the free trial period Licensee may use the Product for a licence period to be specified by Snomondo at date of payment of the licence fee (or any other licence period specified from time to time) commencing from the date of payment of the licence fee.
On expiry of the licence period, unless the period is renewed by payment of an additional licence fee this Agreement shall expire.
This Agreement will automatically terminate if Licensee fails to comply with or breaches any of its provisions.
On expiry or termination of this Agreement howsoever caused Licensee shall not use this Product for any other purpose whatsoever.
5. WARRANTY DISCLAIMER
The warranty and disclaimer provisions of this section 5 do not affect your statutory rights in relation to any terms that are implied by law and may not be excluded by law.
The Product is provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing.
Licensee accepts that Snomondo or its licensors make no warranty, whether express or implied, as to the accuracy, completeness or currency of the Product, including warranties of merchantability or fitness for a particular purpose.
In the event of any breach of warranty in first instance contact and return to Licensee’s supplier within 30 days of the date of purchase.
6. LIMITATION OF LIABILITY
Neither Snomondo nor its suppliers shall have any liability to licensee or any third person for any direct, indirect, incidental, special, consequential punitive, exemplary or other damages of any nature whatsoever (including, but not limited to, loss of revenue, profit, or data, or property damage, injury or other commercial or economic loss), whether such liability is asserted on the basis of contract, warranty, contribution, strict liability, tort or other theory arising out of this agreement, or the use of the Product or any other legal theories, even if Snomondo or its suppliers have been advised of the possibility of such damages, or they are foreseeable. Snomondo's maximum aggregate liability to licensee shall not exceed the amount paid by licensee for the Product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
Licensee understands and accepts that Snomondo is not responsible for and will have no liability for hardware or other items provided by any party other than Snomondo or its licensors. Licensee understands and accepts that Snomondo is not responsible for and will have no liability for any costs including telecommunication costs arising from Licensee’s use of the Product. Licensee understands and accepts that Snomondo is not responsible for and will have no liability for third party services, including but not limited to telecommunications services, used in the operation of the Product by Licensee or in the provision of services to Licensee by Snomondo.
To the maximum extent permitted by applicable law, Snomondo Ltd hereby disclaims all liability arising out of any use of this product and its contents.
7. RESPONSIBILITIES OF LICENSEE
Mountain recreational activities, including but not limited to skiing, snowboarding, ski touring and snowshoeing involve risks that are entered into voluntarily by the Licensee. The Licensee is entirely responsible for their actions and safety, as well as the safety of others. The use by Licensee of the Product in no way removes this responsibility. Snomondo assumes no responsibility for the safety of Licensee. Licensee is responsible for using the Product in accordance with applicable laws and regulations.
8. VARIATION
Snomondo reserves the right to modify the Product or any part thereof at any time.
Snomondo reserves the right to amend the terms and conditions of this Agreement at any time.
9. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all prior or contemporaneous representations or agreements.
10.GOVERNING LAW
The laws of England govern this License Agreement.
11. GENERAL
If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the remaining provisions of this Agreement will continue in full force and effect.
Notwithstanding that any provision of this Agreement may prove to be illegal or unenforceable the remaining provisions of this Agreement shall continue in full force and effect.
A person who is not a party to this Agreement shall have no rights to enforce it.
Snomondo would welcome information to keep this Product up to date.
Should Licensee wish to inform Snomondo of any updated information please submit such information via the contact form available on www.skimondo.com .
Snomondo Limited (Company Number 6356088) Registered Office: 1 Market Hill, Royston, Herts, SG8 9JL, United Kingdom
