Terms & Conditions

Please read this Software Licence Agreement (the “Licence”) carefully before using the software. By using the software, you are acknowledging that you have read, understand and agree to be bound by the terms and conditions of the Licence. By checking the “Agree to the Terms & Conditions” box you are agreeing to be bound by the Licence terms and conditions. If you do not agree to the Licence terms and conditions, do not purchase or use the software.

DAD Solutions Limited

Software Licence Agreement

Definitions & Interpretations
Licence and Restrictions
Updates
Disclaimer of Warranties and Limitation of Liability
Privacy
Miscellaneous

1. Definitions & Interpretations

1.1. The definitions and rules of interpretation in this section have the following meanings:

Data:

Photos, information and any other information downloaded, accessed or viewed using the Software.

Effective Date:

The date on which this Licence is entered into by clicking on the ‘Accept’ button upon installation or first use of the Software - whichever occurs first.

Fair Use:

The amount of data, as amended from time to time, that can be transferred each month using the web service before such transfer will be restricted by DSL or a charge made for such transfer.

Intellectual Property:

Copyright, trade marks, trade names, patents, database rights and other intellectual property rights existing in or associated within the DAD Software. All intellectual property rights existing within or associated with the Data that belong to You or the original owner.

Joining Fee:

The cost of joining the One Time Licence system, entitling the user perpetual use of the Software with no following Licence Subscription Fee or other charges, subject to Fair Use, within the terms granted by this Licence Agreement.

Licence Subscription Fee:

The cost of purchasing the right to use the Software for the Licence Period within the terms granted by this Licence Agreement and, subject to Fair Use, which fee is waived for the free and trial versions of the Software.

Licence Period:

The period covered by the Licence Subscription or Joining Fee.

Product Registration Key:

The key required for activation of the Software.

DAD Solutions Limited (DSL):

The company incorporated and registered in England and Wales with company number 06860914 whose registered office is at 10 Upper Bourne Lane, Wrecclesham, Farnham, Surrey GU10 4RQ.

Software:

The DAD software application, including third party software.

Software Licence Agreement (the “Licence” or “Licence Agreement”)

This document and all clauses contained within it.

Terms of Use:

The terms and conditions of this Software Licence Agreement.

You:

The person or people who agree to and to be bound by the Software Licence Agreement Terms of Use and enter into the Agreement, including any of the users of the four instances of the Software.

2. Licence and Restrictions

2.1. Subject to the terms of this Licence Agreement, DSL hereby grants to You a limited, personal, non-commercial, non-exclusive, non-transferable, non-assignable licence to use the Software for the Licence Period. This Licence Agreement allows You to install and use four instances of the Software on four separate computers or devices.

2.2. Parts of the Software utilise or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the "online" electronic documentation for the Software. Your use of such material is governed by their respective terms.

2.3. You may not undertake, cause, permit or otherwise authorise the modification, reverse engineering, decompiling, disassembling or any other modifications or alterations of the Software or any part thereof.

2.4. You may not sell, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software or any part thereof.

2.5. Any and all Intellectual Property Rights in the Software are and shall remain the exclusive property of DSL and its suppliers in perpetuity. No Intellectual Property Rights inherent in the Software are transferred to You upon purchase, download, installation or use of the Software. Any infringement of the Software’s Intellectual Property Rights is a violation of the Licence Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws.

2.6. Notwithstanding any other terms of this Licence, Software provided to you for demonstration, testing and evaluation purposes may not be resold or transferred.

2.7. All title and Intellectual Property Rights in any content, images or any other Data downloaded or otherwise accessed through the Software are the property of the original owners. DSL claims no rights to such Data. It is your responsibility to ensure that no copyright laws are broken by your sharing any data by use of the Software.

2.8. This Licence shall be effective until terminated. Your rights under this Licence will terminate automatically and without notice from DSL should you fail to comply with the Licence terms. Upon termination of this Licence, you shall cease all use of the Software and destroy all copies.

3. Updates

3.1. Point releases of the Software will be released from time to time. This Licence Agreement allows You the right to receive, during the Licence period, point release updates to the Software which are included as part of the purchase of the Licence.

3.2. Major releases of the Software are not included within the Licence Agreement and will be charged separately unless DSL decides not to make such charge. You will have the option to update in the event of a Major release at an additional cost and, if You wish, to continue using your previously purchased version of the Software.

3.3. DSL reserves the right to support only the latest point or major release of the application.

4. Disclaimer of Warranties and Limitation of Liability

4.1. THE SOFTWARE IS “AS IS” AND COMES WITHOUT WARRANTY. DSL DOES NOT MAKE ANY WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY IN RESPECT OF THE SOFTWARE INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. DSL DOES NOT WARRANT THAT THE SOFTWARE WILL BE SECURE, ACCURATE, COMPLETE AND ERROR FREE.

4.2. You acknowledge and agree that any risk in use of the Software is held by You and that DSL is indemnified against any loss of Data of any kind through use of the Software. DSL accepts no liability for the integrity of any instance of the Software with which You choose to share Data and that any such Data will be downloaded to Your computer at Your own risk.

4.3. DSL is in no way liable for any viruses inherent in the Software or downloaded by the Software, or for any damage caused to any computer or other device on which the Software is downloaded, installed or used upon as a result of such viruses.

4.4. DSL is in no way responsible for any damage caused to any computer through use of the Software.

4.5. TO THE EXTENT NOT PROHIBITED BY LAW DSL, ITS OWNERS, INVESTORS, EMPLOYEES, LICENSORS, AGENTS OR REPRESENTATIVES SHALL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:

4.5.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE;

4.5.2. ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE;

4.5.3. ANY LOSS OF DATA HELD WITHIN OTHER COMPUTERS FROM WHICH YOU DOWNLOAD DATA;

4.5.4. THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU AND/OR DSL FOR ANY REASON WHATSOEVER; AND

4.5.5. THE RELEASE OR DECISION NOT TO RELEASE NEW VERSIONS OF THE SOFTWARE TO YOU.

4.5.6. IN ANY EVENT, DSL’S LIABILITY FOR ANY REASON SHALL NOT EXCEED THE LICENCE FEE PAID BY YOU TO USE THE SOFTWARE.

4.6. DSL does not guarantee the successful transfer of any Data by use of the Software and is indemnified against loss. It is Your responsibility to check that such Data has been transferred correctly and in its entirety.

5. Privacy

5.1. DSL respects Your right to privacy and will in no way view or monitor the content of any DATA transfers made using the Software.

5.2. DSL reserves the right to monitor the volume of Data transferred by You to ensure compliance with Fair Usage.

6. Miscellaneous

6.1. The contents of the Terms of Use constitute the entire agreement between You and DSL. Any translation of this Licence is carried out for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Licence shall prevail.

6.2 Delivery of the Software shall be deemed to have taken place when You click on the ‘Accept’ button upon installation or first use of the Software, whichever occurs first.

6.3 You have the right to cancel your subscription at any time by instructing your payment provider to make no further payments to DSL. On expiry of the Licence Period all four instances of the Software associated with You will no longer be able to access all the functionality of the Software.

6.4. Any Licence Fee refunds will be at the sole discretion of DSL.

6.5. DSL makes no charge for any service or functionality that would operate less effectively or cease to operate entirely should DSL cease to exist or cease to maintain or update such service or functionality. Functionality to enable internet data transfer, but not the internet transfer of data itself, is provided free of charge. The internet transfer of data is covered by Fair Use and DSL reserves the right to implement charges relating to internet data transfer in the future.

6.6. DSL may, at its sole discretion, modify or discontinue or suspend Your ability to use any version of the Software, and/or disable any Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at DSL’s discretion, are in breach of the Terms of Use or Fair Usage, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

6.7. DSL may, at any time and without prior notice modify change or otherwise alter these Terms of Use.

6.8. This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. This Licence shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

6.9. The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

6.10. If any provision (or part of a provision) of this Licence Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

6.11. All other rights of DSL are expressly reserved.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT. BY CHECKING THE “AGREE” BOX YOU ARE AGREEING TO BE BOUND BY THE LICENCE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE LICENCE TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE.