IMPORTANT – READ CAREFULLY: This Podcast Lounge End-User licence Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Igneous Software Ltd. for PODCAST LOUNGE SOFTWARE for Microsoft Windows Phone devices (“SOFTWARE”). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.
1. The SOFTWARE is licenced for use, not sold. There is therefore no transfer of any rights of ownership.
2. GRANT OF licence. After you have purchased a licence for this SOFTWARE you are licenced to install the SOFTWARE onto any Windows Phone device linked with the licensee’s Windows Live ID up to a maximum of two devices. You may not duplicate the licenced SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this licence at any time by destroying the original and all copies of the SOFTWARE in whatever form. You may not transfer any of your rights under this EULA.
3. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE. You may not rent, lease, or lend the SOFTWARE.
4. TERMINATION. Without prejudice to any other rights, Igneous Software Ltd. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must uninstall all copies of the SOFTWARE.
5. COPYRIGHT. The SOFTWARE is protected by United Kingdom and International copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you and that title and full ownership rights to the SOFTWARE will remain the exclusive property of Igneous Software Ltd. and you will not acquire any rights to the SOFTWARE except as expressly set forth in this licence.
6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any country, person, entity, or end user subject to United Kingdom export restrictions. You warrant and represent that the United Kingdom authorities have not suspended, revoked or denied your export privileges.
7. NO WARRANTIES. Igneous Software Ltd. expressly disclaims any warranty for the SOFTWARE including any programming errors which have not been corrected after testing. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. NO WARRANTY FOR UPGRADES, PATCHES, FIXES, NEW OR REVISED VERSIONS IS OFFERED, although Igneous Software Ltd. may offer FREE OF CHARGE upgrades or revised versions of the SOFTWARE from time to time.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL Igneous Software Ltd. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, USE OR MISUSE OF THE SOFTWARE, EVEN IF IGNEOUS SOFTWARE LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, IGNEOUS SOFTWARE LTD.’ LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF GBP 1.00 OR THE licence FEE PAID BY YOU. The user must assume the entire risk of using the program or SOFTWARE.
9. NATIONAL GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by a Government may be subject to restrictions as set forth by that Government. Manufacturer is Igneous Software Ltd., Twickenham, London, United Kingdom.
10. APPLICABLE LAW. This EULA is governed by the laws of England, United Kingdom.