2434.COM LIMITED
SOFTWARE LICENSE TERMS - 25th June 2007
These license terms are an agreement between 2434.COM LIMITED and you. Please read them. They apply to all software supplied by us. The terms also apply to
• updates,
• supplements such as BackStage Mobile
• Internet-based services such as BackStage WebPages
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, UNINSTAL THE SOFTWARE AND APPLY FOR A REFUND WHERE APPLICABLE.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
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IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
1. OVERVIEW.
a. License Model. The software is licensed on a per computer domain basis. Many users may share a single installation of BackStage but all users must agree to the license agreement contained here in.
2. INSTALLATION AND USE RIGHTS.
a. General. The licensed user(s) may instal and use the programs included for the purpose of facilitating the administration of musical ensembles. 2434.COM does not accept any liability for the success or otherwise of the orchestral administration process and outcome whether it was the fault of software they provide or not.
3. INTERNET-BASED SERVICES. 2434.COM provides Internet-based services with the software.
a. Consent for Internet-Based Services. The software feature described below connects to 2434.COM or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. For more information about this feature, see the software documentation. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. 2434.COM does not use the information for purposes not made clear to you such as marketing. 2434.COM is a European company that fully complies with the restrictions placed upon it by the Data Protection Act.
Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. 2434.COM uses this information to make the Internet-based service available to you.
• Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. The software retrieves certificates and updates certificate revocation lists. These security features operate only when you use the Internet.
b. Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorised access to any service, data, account or network by any means.
4. SMS. 2434.COM deliver SMS text messages to mobile networks via BackStage. In the event of a dispute regarding the arrival of a message to a mobile network, 2434.COM consider the word of the mobile network to be final unless proof is provided to show otherwise by the user. SMS text messages that could not be delivered to a mobile network for reasons such as the number does not exist or have no dialling code are recredited to the user account.
5. PRODUCT KEYS. The software requires a key to install or access it. You are responsible for the use of keys assigned to you. You should not share the keys with third parties.
6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. 2434.COM reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy or
• rent, lease or lend the software;
7. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
8. ACADEMIC EDITION SOFTWARE. You must be a "Qualified Educational User" to use software marked as "Academic" 2434.COM does not currently provide an academic version of it's software.
9. CANCELLATION OF CONTRACT. BackStage is sold by monthly subscription. Payment is taken at the beginning of each month. There is no minimum term. To cancel an existing contract the user must notify 2434.COM and be in possession of a cancellation acknowledgement.
10. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
11. APPLICABLE LAW.
a. United Kingdom. United Kingdom law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the country or state where you live govern all other claims, including claims under country/state consumer protection laws, unfair competition laws, and in tort.
12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country or state. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
13. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM 2434.COM ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, and content and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
• repair, replacement or a refund for the software does not fully compensate you for any losses; or
• 2434.COM knew or should have known about the possibility of the damages.
Some countries or states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
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LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described on the http://www.2434.com website.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE ENTIRE SUBSCRIPTION PERIOD ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some countries or states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond 2434.com’s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. 2434.COM WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF 2434.COM CANNOT REPAIR OR REPLACE IT, 2434.COM WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF 2434.COM CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.