IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND BLISBURY LLP, REGISTERED IN UNITED KINGDOM AND HAVING IT’S REGISTERED ADDRESS AT SUITE 3.15, ONE FETTER LANE EC4A 1BR, LONDON, UNITED KINGDOM. USE OF EcoSmart Filter PROVIDED WITH THIS EULA (THE “SOFTWARE”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
1. LICENSE GRANT.
This EULA grants you the right to use the Software for personal use only. “Use” means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. This license is not transferable to any other system, or to another organization or individual.
The Software is owned and copyrighted by Blisbury LLP. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. EcoSmart Filter may be freely distributed subject to, but not limited to the following terms:
a. The user may not sell or re-sell the Software;
b. The user must not distribute the Software as part of any commercial package;
c. The user must not use or distribute the Software in support of a commercial service;
d. The user must not use or distribute the Software to support any kind of profit generating activity, even if it is being distributed freely.
The Software and all rights, without limitation including proprietary rights therein, are owned by Blisbury LLP its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Blisbury LLP and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
4. REVERSE ENGINEERING.
You agree that you will not attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part except for the LGPL components included.
Blisbury LLP does not warrant that the Software will be compatible with Your hardware or other software installed on Your computer system. Compatibility issues may cause Your computer’s performance to suffer. In the event that the Software is not compatible with Your hardware or other software installed on Your computer system, You should Uninstall the Software. Like all software, the Software utilizes some of Your computer’s resources to run, including system memory and Internet connection. Use of the Software on a computer with inadequate system resources will cause such computer’s performance to suffer.
The Software is provided to the user “AS IS” with no warranties for use or performance and Blisbury LLP disclaims any warranty or liability obligations to the user of any kind, whether expressed or implied. Where legislation implies in this agreement any condition or warranty, and that legislation avoids or prohibits provisions in an agreement excluding or modifying application of or exercise of liability under such condition or warranty, the condition or warranty will be deemed to be included in this agreement. However, the liability of the EcoSmart Filter for any breach of such condition or warranty will be limited, at the option of EcoSmart Filter, to the repair of the software.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
EcoSmart Filter is not subject to, and the user releases Blisbury LLP from any additional liability and indemnifies them against any claim, action, suit or proceeding (including but not limited to direct, indirect, consequential loss or damage, removal costs or re-installation costs or liability for loss of use or profit) because of the use of or inability to use the Software or the provision of or failure to provide support services, any delay in delivery or fault or defect in the Software even if Blisbury LLP has been advised of the possibility of such damages. The user further indemnifies Blisbury LLP against any claim, action suit or proceedings brought by any web site provider or any copyright holder in respect of the operation of EcoSmart Filter by the user.
The user expressly acknowledges and agrees that it has not relied upon, and EcoSmart Filter is not liable for any advice given by the company, its servants, agents, representatives or employees in relation to the suitability for any purpose of the Software.
8. THIRD- PARTY COPYRIGHT INFRINGEMENT.
EcoSmart Filter does not condone the violation of copyright and other laws. EcoSmart Filter requires all users to Use the Software in strict compliance with copyright and other laws. EcoSmart Filter does not, by the supply of the Software, authorize or encourage You to infringe the copyright or other rights of third parties.
9. YOUR INFORMATION.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
11. GENERAL PROVISION.
This is the entire agreement between you and Blisbury LLP, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This EULA shall automatically terminate upon failure by you to comply with its terms. Blisbury LLP, on its sole discretion, may modify this EULA in writing at any time.
This agreement may be terminated by the user ceasing all use of the Software, destroying all copies then in the user’s possession or control and taking such other actions as Blisbury LLP may reasonably request to ensure that no copies of the Software remain in the user’s possession or control under this agreement or by Blisbury LLP giving the user written notice of termination if the user commits a breach of this agreement. Upon Blisbury LLP’s termination of this agreement, the user must cease all use of the Software, destroy all copies then in the user’s possession or control and take such other actions as Blisbury LLP may reasonably request to ensure that no copies of the Software remain in the user’s possession or control.