Software Terms and Conditions Of Use (last updated: 28th February April 2018)
By installing, running or using a EBS New Media software product in any way, you indicate your acceptance of the Terms and Conditions of Use set out below. All rights are reserved.
- "the Company" shall mean EBS New Media Limited of 16b Whitehorse Street, Baldock, Herts, SG7 6QN, England.
- "the Product" shall mean any EBS New Media Software product, specifically DigiGuide interactive programme guide software program, DigiGuide TV Server tv recording software program.
2. Grant of Software Licence
- 2.1 Under copyright law you are not permitted to install or run the Product, or use the help system or the hard copy supplied to you without the full permission of the Company. In consideration of your agreement to the terms of this agreement the Company grants to you a non-exclusive right ('the Software Licence') to install and run the Product and to use the help system and the hard copy as permitted by this agreement. You acknowledge that the Product will only be used subject to the Software Licence.
3. Basis of Use
- 3.1 No conditions or terms stipulated in any other communication or document shall vary or annul any of these conditions except if they were expressly consented to in writing by an officer of the Company.
- 3.2 The Company's employees or agents are not authorised to make any representations concerning the Product, the help system or the hard copy unless confirmed by the Company in writing. In entering into this agreement you acknowledge that you do not rely on, and waive any claim for breach of, any such representations that are not so confirmed (except in respect of any fraudulent misrepresentation).
- 3.3 Any advice or recommendation given by the Company or its employees or agents to you or your employees or agents as to the storage, application or use of the Product, the help system or the hard copy which is not confirmed in writing by an officer of the Company is followed or acted upon entirely at your own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
- 3.4 Any typographical, clerical or other error or omission in any marketing literature, reviews or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
- 3.5 The Company reserves the right to make any changes in the specification of the Product, the help system or the hard copy which are required to conform with any applicable safety or other statutory requirements.
- 3.6 The Software Licence is for personal use of the Product only, professional use is prohibited unless explicily permitted by a EBS New Media Officer. Any company found to contravene this clause may have all accounts suspended without warning (more information).
4. The Software Licence
- 4.1 The copyright in the Product, help service and hard copy belong to the Company, any breach of copyright may result in legal action being taken against you.
- 4.2 Subject to the terms of this agreement, no part of the Product, help system or hard copy may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Company.
- 4.3 You shall not copy in whole or part the Product, help system or hard copy provided by the Company except in accordance with this Agreement. The Product may be copied in whole or in part sufficiently for the sole use by you for back-up purposes in support of your use of the Product. Any such copies of the Product shall remain the property of the Company.
- 4.4 You shall not use any feature within the Product or use any external tool, to systematically extract listings schedules data or information from the Product for any use and for any reason; this includes, and is not limited to, the use of the data in any tool, product, web site or publication whether it is for your own personal, commercial or non-commercial use.
- 4.5 The Company reserves the right to charge a fee for your continued use of the Product/Software Licence at its sole discretion at any time in the future, subject to your receiving advance notification of such fee being charged.
- 4.6 Your license to use this product without registering it (and paying the subscription fee) is limited to just 7 days on a machine. Should you find a way to prevent this trial period from functioning as intended you must register the product or immediately discontinue its use.
- 4.7 A subscription licence is a per-user licence, and as such should not be handed around for others to use. Doing so will violate this Software Licence and your usage may be blocked at our discretion and without prior-warning.
- 4.8 Within the terms of this Software Licence, you, the sole user, can install and use DigiGuide under clause 4.7 above on a maximum of 3 machines at the same time before an additional subscription will be required. Repeated installation overuse will result in suspension of product usage.
- 4.9 Refunds of a subscription fee after the money-back guarantee period, for any reason, are subject to a 15% surcharge and are given on a case-by-case basis.
5. Termination of Software Licence
- 5.1 The Software Licence will continue until terminated. You may terminate it at any time by destroying the Product, help system and hard copy, together with any copies in any form. The Company may terminate it at any time, forthwith and immediately upon giving notice and at its sole discretion.
- 5.2 The Software Licence to use the Product, the help system and the hard copy will terminate automatically upon your failing to comply with any term of this Agreement.
- 5.3 Upon termination of the Software Licence for any reason you will destroy the Product, the help system and the hard copy together with all copies in any form of, including copies on your back up disks.
- 5.4 Any use of any copies of the Product, help system or hard copy after termination of the Software Licence is prohibited and unlawful.
6. Exclusion of Warranties
- 6.1 Save as provided in this Software Licence, the Company does not warrant that the operation of the Product will be uninterrupted or error free or that errors can be corrected. You load and use the Software at your own risk and the Company gives no warranties in respect of the Product other than those necessarily implied by statute or otherwise, subject to which all terms, warranties and conditions are now excluded to the fullest extent permitted by law. If any Warranty is breached, the Company shall only be liable to give you a correction, or replacement within a reasonable time; or at its own option terminate this Licence and give you a refund (where appropriate) and in no event will the Company be liable to you for any loss or damage of any kind (except personal injury or death arising from the Company's negligence) including lost profits or other consequential loss arising from the use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise (subject to your consumer rights).
- 6.2 The Product, help system and hard copy are licensed "as is" and you are assuming the entire risk as to its quality, performance and results. Subject as aforesaid, the company hereby limits your remedy to return of the Product, help system and hard copy for replacement.
- 7.1 Subject as aforesaid and to statutory consumer rights, neither the Company nor anyone else who has been involved in the creation, production or delivery of the Product, help system or hard copy shall be liable for any direct, indirect, special, consequential, or incidental damages arising out of the use, results of use, or inability to use the Product, help system or hard copy, including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data, even if the Company has been advised of the possibility of such damages or claim. In particular the Company shall have no liability for any programs stored or used with the Product, help system or hard copy, including the cost of recovering such programs or data. Subject to the terms of clause 6 above the warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. No Company employee, or other company or its employee's are authorised to make any modification or addition to this warranty. You acknowledge that the allocation of risk in this Agreement reflects the fact that it is not within the Company's control how and for what purpose the Product is used by you or others authorised by you.
- 7.2 All websites operated by the Company may contain links to other sites on the Internet that are owned and operated by third parties ("External Sites"). The Company is not responsible for the availability, quality, content or nature of the web site located on or through, any External Site, nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of goods or services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions.
- 7.3 Without prejudice to statutory rights afforded to Consumers, the information and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty, and in particular, the Company does not represent or warrant that the site is free of risk of viruses or other damage.
8. Copyright and Trademarks
- 8.1 The copyright in the contents of the Product and all websites operated by the Company are owned by or licensed to the Company, unless otherwise specified and no one other than the rightful owner or licensee of such copyright shall be entitled to:
- distribute, modify, transmit, re-use, re-post, or use any or all of the Product or websites operated by the Company and the information contained therein for any purpose other than as set out above nor for public or commercial purposes without the Company's prior written permission;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Product or websites operated by the Company without the Company's prior written permission;
- display, publish, copy, print, post or otherwise use the Product or websites operated by the Company and the information contained therein for the benefit of any other website;
- process or otherwise use the information contained on or within the Product or websites operated by the Company for any illegal or immoral purpose nor use or process the same unfairly.
- 9.1 If any part of this Agreement is held by a court of a competent jurisdiction to be unenforceable, the validity of the remainder of the Agreement will not be affected.
- 9.2 This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by all of the parties to this Agreement.
- 9.3 This Agreement is governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction.
- 9.4 The Company reserves the right to make any changes to this Agreement and that these changes will always be brought to your notice in this help topic for future reference. Your continued use of the Product after such variation shall be deemed to confirm your acceptance of any such variation. It is your responsibility to check these Terms and Conditions regularly to determine whether any such variation has been made. If you do not wish to be bound by any varied Terms and Conditions you should cease using and accessing the Product forthwith.
- 9.5 Any offers or special services presented to customers from time-to-time is at the discretion of The Company and can be discontinued at their discretion and without prior-warning.
- 9.6 Should you have any questions concerning this Agreement please contact us at firstname.lastname@example.org.