END USER LICENCE AGREEMENT
This End User Licence Agreement ("EULA") is a legal agreement between you (an individual) and Walks4all Limited for this software product, including but not limited to all associated media, the walk video download, printed materials, electronic or online documentation, updates and supplements to the original (the "Product"). Subject to the terms of this EULA, Walks4all Limited grants you a limited, non-exclusive, revocable licence to download and make personal non-commercial use of the download Product.
By installing, downloading, copying, accessing or otherwise using the Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms contained herein, you must NOT install, download, copy, access or otherwise use the Product, however you may return the Product to the place from which you purchased it or to ourselves, along with proof of purchase, for a full refund.
This Product is the copyright of Walks4all Limited and its suppliers and is protected by Copyright Laws and International Copyright Treaties and may not be used in any way except in accordance with this EULA. This Product is Licenced, NOT sold. This EULA is personal to you as the purchaser of the Product and the licence granted herein is for your benefit only.
2. PERMITTED USE
As purchaser of an authorised copy of the Product, you may, subject to the conditions contained herein, load the video download and walk text PDF element of the Product (the "Download") onto and use it on a single computer that is under your control. You may then, subject to the same conditions contained herein transfer the Download to a maximum of two other devices (SmartPhone, iPad, TV etc.) that are under your control.
3. RESTRICTIONS ON USE
You may not:
3.1 load the Download onto more than one computer and two devices at the same time. If you wish to transfer the Download from one computer/device to another, you must erase the Download from the first computer/device before you install it onto another computer/device, so that at all times there are no more than three Downloads in your possession on your computers and devices;
3.2 sub-licence, assign, rent, lease or transfer the EULA or the Product or make or distribute copies of the Product, or any part thereof;
3.3 translate, reverse engineer, de-compile, disassemble, modify or create derivative works based on the Download or any other part of the Product, except as permitted by law;
3.4 make copies of the Download or any other part of the Product, including all text and photographs;
3.5 use any part of the Download or the Product (including all text and photographs) in any other publication, product, website, broadcast over any medium, magazine, newspaper, DVD or CD or use for monetary gain, without the prior written consent of Walks4all Limited.
As licencee, you own only the medium on which the Download is recorded, fixed or stored. You may retain the media on termination of this agreement provided the Download is erased. We shall at all times retain ownership of the Download and all other elements of the Product.
5. WARRANTY and DISCLAIMERS
5.1 We warrant that for a period of 60 days from the date of purchase ("the Warranty Period"): the copy of the Download will materially conform to the documentation that accompanies the Download. If the Download fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the Download to us or to your supplier during the Warranty Period, along with dated proof of purchase, specifying the problem, and we will provide you either with a new version of the Download or a full refund (at your option).
5.2 We do not warrant that this Download will meet your requirements or that its operation will be uninterrupted or error free. We exclude and hereby expressly disclaim all express and implied warranties or conditions not stated herein, so far as such exclusion is or disclaimer is permitted under the applicable law.
5.3 Other than as expressly set out in these terms or additional terms, neither Walks4all Limited nor its suppliers or distributors makes any specific promises about the Product and Download. For example, we do not make any commitments about the content within the Product, the specific functions of the Product or Download or their reliability, availability or ability to meet your needs. We provide the Product and Download "as is".
5.4 By agreeing to the terms of this EULA, you agree to be bound by the walk disclaimer set out in full at www.videowalks.co.uk/disclaimer.
5.5 We recognise that in some countries, you might have legal rights as a consumer. If you are using the Product for a personal purpose, then nothing in these terms limits any consumers' legal rights which may not be waived by contract.
6.1 To the extent permitted by law, the total liability of Walks4all Limited and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Product or Download (or, if we choose, to supply you with the Product again).
6.2 When permitted by law, Walks4all Limited and Walks4all Limited's suppliers and distributors will not be responsible for lost profits, revenues or data, financial losses, business interruption, loss of information, any other pecuniary loss or indirect, special, consequential, exemplary or punitive damages, even if we have been advised of the possibility of such damages. In particular, we accept no liability for any programmes or data made or stored with the Download nor for the costs of recovering or replacing such programmes or data.
6.3 In all cases, Walks4all Limited and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
6.4 Nothing in this clause limits our liability to you in the event of death or personal injury resulting from our negligence.
7.1 The agreement and the licence hereby granted to use the Download automatically terminates if you:
7.1.1 fail to comply with any provisions of this agreement; or
7.1.2 destroy the copies of the Download in your possession; or
7.1.3 voluntarily return the Download to us.
7.2 In the event of termination in accordance with clause 7.1 you must destroy or delete all copies of the Download from all storage media in your presence.
In the event that any provision of this EULA is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or at our discretion such provision may be severed from this agreement and the remaining provisions of this agreement shall remain in full force and effect.
9. ENTIRE AGREEMENT
You have read and understand this agreement and agree that it constitutes the complete and exclusive statement of the agreement between you and Walks4all Limited with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating thereto.
This agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this agreement or any right or obligation under it without our prior written consent.
11. LAW AND DISPUTES
This agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this agreement.
For further information contact firstname.lastname@example.org
Videowalks is a trading name of Walks4all Limited