PLEASE READ CAREFULLY BEFORE ORDERING, DOWNLOADING OR STARTING TO USE ANY SOFTWARE FROM THIS WEBSITE OR ANY OTHER SOURCES:
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and the legal representative of the owner of Extension Clipboard History Pro software (as defined below) (Licensor, us or we) for:
- The Extension Clipboard History Pro (Extension), application for IOS Clipboard History Pro (IOS App) and application for Android Clipboard History Pro (Android App) (collectively CLIPBOARD HISTORY PRO) computer and mobile device software, the data supplied with the software, and the associated media (Software); and
We license use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times.
OPERATING SYSTEM REQUIREMENTS: THIS SOFTWARE REQUIRES A PC OR MAC COMPUTER OR A MOBILE DEVICE WITH A MINIMUM OF 1024 MB OF MEMORY, AND THE WINDOWS, MAC OS, LINUX, IOS OR ANDROID OPERATING SYSTEM. LATEST VERSION OF CHROME OR MICROSOFT EDGE BROWSER IS ALSO REQUIRED.
IMPORTANT NOTICE TO ALL USERS:
- BY DOWNLOADING OR STARTING TO USE THE SOFTWARE FROM THIS WEBSITE OR ANY OTHER SOURCES YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN Condition 5 AND Condition 6 .
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE THE DOWNLOADING, ORDERING OR USE PROCESS NOW. IN THIS CASE YOU MAY NOT DOWNLOAD, ORDER OR USE ANY SOFTWARE FROM THIS WEBSITE OR ANY OTHER SOURCES.
- OUR BROWSER EXTENSION AND BROWSER EXTENSION ALLOW YOU TO COPY, PASTE AND SAVE DATA WHICH MAY INCLUDE YOUR SENSITIVE AND PERSONAL DATA. AS SET OUT BELOW WE USE SERVICES OF THIRD PARTIES CLOUD STORAGE PROVIDERS, THUS WE STRONGLY DO NOT RECOMMEND TO SHARE ANY SENSITIVE OR PERSONAL DATA THROUGH CLIPBOARD HISTORY PRO APPS OR BROWSER EXTENSION. WE SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY TRANSMISSION OF SENSITIVE OR PERSONAL DATA BY YOU IN CONNECTION WITH OUR SERVICES, OR ANY DISCLOSURE, LOSS OR DESTRUCTION OF SUCH DATA.
You should print a copy of this Licence for future reference.
1. GRANT AND SCOPE OF LICENCE
1.1. In consideration of payment by you of the agreed licence fee and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Software on the terms of this Licence.
1.2. You may:
- download, install and use the Software for your personal purposes (if you are a consumer) or your internal business purposes (if you are a business);
- not transfer the Software from one account to another;
- receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by us from time to time; and
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
- not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
- not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software;
- to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
- to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence;
- to include our copyright notice on all entire and partial copies you make of the Software on any medium;
- not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than your employees] without prior written consent from us; and
- to comply with all applicable technology control or export laws and regulations.
2.1. Whenever you make use of a feature that allows you to upload content to our Software, you must comply with the content standards and laws applicable to such content. You warrant that any such contribution does comply with those standards and applicable laws, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. You are solely responsible for securing and backing up your content.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.
You acknowledge that you have no right to have access to the Software in source code form.
4. LIMITED WARRANTY
4.1. We warrant that the Software will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the website and related description; and
for a period of 90 days from the date of installation of the Software (Warranty Period).
4.2. If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with its description, we will, at our sole option, either repair or replace the Software, provided that you make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
4.3. The warranty does not apply:
- if the defect or fault in the Software results from you having altered or modified the Software; and
- if the defect or fault in the Software results from you having used the Software in breach of the terms of this Licence.
5. LIMITATION OF LIABILITY IF YOU ARE A BUSINESS USER
5.1. You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the description meet your requirements.
5.2. If you are a business customer, we only supply the Software for internal use by your business, and you agree not to use the Software for any re-sale purposes.
5.3. We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss or corruption of data or information;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
5.4. Other than the losses set out in Condition 5.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 30% of the Licence Fee.
5.5. This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software and which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
6. LIMITATION OF LIABILITY IF YOU ARE A CONSUMER USER
6.1. You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the description meet your requirements.
6.2. If you are a consumer, we only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3. Our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 30% of the Licence Fee.
7.1. We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
7.2. Upon termination for any reason:
- all rights granted to you under this Licence shall cease;
- you must immediately cease all activities authorised by this Licence; and
- you must immediately delete or remove the Software from all computer equipment or mobile device in your possession, and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
8. COMMUNICATIONS BETWEEN US
8.1. If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e-mail at [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2. If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order for the Software.
8.3. If you are a business customer, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent.
9. EVENTS OUTSIDE OUR CONTROL
9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Condition 9.2.
9.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
9.3. If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
- our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
11. OTHER IMPORTANT TERMS
11.1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
11.2. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
11.3. If you are a business customer, this Licence and any expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any Software description expressly referred to in it.
11.4. If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.5. Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.6. If you are a consumer, please note that this Licence, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
11.7. If you are a business customer, this Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.