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My Lovely, 2 - End User Software License Agreement - Prerelease Software

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My Lovely, 2 End User License Agreement

A simple license to give everyone peace of mind. Keeping things simple is always the best option.

END USER LICENCE AGREEMENT

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING THE PACKAGE: This licence agreement ("Licence") is a legal agreement between you ("Licensee" or "you") and MBBSoftware Limited (a company registered in England with registration number 7811806 whose registered office is at Third floor, 207 Regent Street, London W1B 3HH) ("Licensor" or "we") for this My Lovely software product ("Software"), which includes computer software, the data supplied with it, and online documentation ("Documentation").

THIS SOFTWARE REQUIRES A PERSONAL COMPUTER WITH A MINIMUM OF 1024 x 768 PIXELS OR HIGHER GRAPHIC DISPLAY ADAPTER AND THE MICROSOFT WINDOWS XP OPERATING SYSTEM OR LATER. BY DOWNLOADING AND INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST UNINSTALL THE SOFTWARE AND DELETE ANY PART OF THE SOFTWARE WHICH YOU DOWNLOADED AND ANY RELATED FILES.

Grant and scope of Trial Licence
1. In consideration of your agreeing to abide by the terms in this agreement the Licensor hereby grants to you a non-exclusive, non-transferable thirty (30) day licence commencing from the date the Software was installed to use the Software and the Documentation for software evaluation purposes only ("Trial Licence") on the terms of this Licence. At the end of the thirty day period this Licence shall terminate and you must either:
  1. uninstall the Software from your computer; or
  2. purchase a licence to continue to use the Software; or
  3. for home non-commercial users only, accept the Ad-driven Licence (as defined in clause 4) to continue to use the Software.
2. You may:
  1. download, install and use the Software for your private (home) or commercial (business) purposes;
  2. make one copy of the Software for back-up purposes only, provided that this is necessary for the activities permitted under clause 1.1;
  3. not receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by the Licensor from time to time;
  4. use any Documentation in support of the use permitted under clause 1.1 but you shall not make any copies of the Documentation.
Grant and scope of Full Licence
1. In consideration of the payment of the price of the licence to use the Software ("Licence Fee"), the Licensor hereby grants to you a non-exclusive, non-transferable full licence to use the Software and the Documentation ("Full Licence") on the terms of this Licence.
2. You may:
  1. download, install and use the Software for your private (home) or commercial (business) purposes, either:
    1. (if the Licence is a single-user licence install and use the software) on two machines; or
    2. (if the Licence is a multi-user or network licence), for the number of concurrent users agreed between you and us;
  2. transfer the Software from one computer to another provided that the maximum number of computers on which the Software may be installed under the Licence under clause 2.2(a) is not exceeded at any one time;
  3. make copies of the Software for back-up purposes only, provided that this is necessary for the activities permitted under clause 2.1 and provided that the number of copies of the Software does not exceed the number of installations permitted under clause 2.2(a);
  4. receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by the Licensor from time to time;
  5. use any Documentation in support of the use permitted under clause 2.1 and make copies of the Documentation as are reasonably necessary for its lawful use provided that the number of copies of the Documentation does not exceed the number of installations permitted under clause 2.2(a).
3. The Licensor agrees to refund the Licence Fee if requested by the Licensee for any reason within 30 days of the purchase of the Full Licence ("Money Back Guarantee Period"). If the Licensee requests that the number of concurrent users permitted under clause 2.2(a)(ii) is reduced, the Licensor will issue a replacement licence for the number of users requested. For the avoidance of doubt, the commencement date for the Money Back Guarantee Period for such replacement licence shall be deemed to be the date of purchase of the original Full Licence.
4. You must:
  1. Activate the Software. You may not be able to exercise your rights to use the Software under the Full Licence unless you activate your copy of the Software in the manner described during the launch of the Software and the Documentation. You may also need to deactivate and reactivate the Software if you modify your computer hardware or transfer the Software to another computer. Technological measures are built in to prevent unlicensed use of the Software. The Licensor will use those measures to confirm you have a legally licensed copy of the Software. The Licensor will not collect any personally identifiable information from your device during this process.
  2. Register a user account with MBBSoftware in order to be able to access the services provided under clause 7.
Grant and scope of Home Licence
1. In consideration of the payment of the price of the licence to use the Software ("Licence Fee"), the Licensor hereby grants to you a non-exclusive, non-transferable multi-user home licence to use the Software and the Documentation ("Home Licence") on the terms of this Licence.
2. You may:
  1. download, install and use the Software for private (home) and non-commercial (business) purposes only, on the number of machines agreed between you and us, located within your household;
  2. transfer the Software from one computer to another provided that the maximum number of computers on which the Software may be installed under the Licence under clause 3.2(a) is not exceeded at any one time;
  3. make copies of the Software for back-up purposes only, provided that this is necessary for the activities permitted under clause 3.1 and provided that the number of copies of the Software does not exceed the number of installations permitted under clause 3.2(a);
  4. receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by the Licensor from time to time;
  5. use any Documentation in support of the use permitted under clause 3.1 and make copies of the Documentation as are reasonably necessary for its lawful use provided that the number of copies of the Documentation does not exceed the number of installations permitted under clause 3.2(a).
3. The Licensor agrees to refund the Licence Fee if requested by the Licensee for any reason within 30 days of the purchase of the Home Licence ("Money Back Guarantee Period"). If the Licensee requests that the number of concurrent users permitted under clause 3.2(a)(ii) is reduced, the Licensor will issue a replacement licence for the number of users requested. For the avoidance of doubt, the commencement date for the Money Back Guarantee Period for such replacement licence shall be deemed to be the date of purchase of the original Home Licence.
4. You must:
  1. Activate the Software. You may not be able to exercise your rights to use the Software under the Home Licence unless you activate your copy of the Software in the manner described during the launch of the Software and the Documentation. You may also need to deactivate and reactivate the Software if you modify your computer hardware or transfer the Software to another computer. Technological measures are built in to prevent unlicensed use of the Software. The Licensor will use those measures to confirm you have a legally licensed copy of the Software. The Licensor will not collect any personally identifiable information from your device during this process.
  2. Register a user account with MBBSoftware in order to be able to access the services provided under clause 7.
Grant and scope of Ad-driven Licence
1. In consideration of your agreeing to abide by the terms in this agreement and provided that you have registered a user account with the Licensor, the Licensor grants to you a non-exclusive, non-transferable ad-driven licence for private (home) and non-commercial (business) use of the Software and the Documentation on the terms of this Licence (a "Ad-driven Licence"). To use the Software under the Ad-driven Licence, you will be required to watch one or more advertisements or other short presentations, presented by the Licensor or its representatives before or during using the software. The Ad-driven Licence may be revoked or terminated by the Licensor in its absolute discretion at any time, on three (3) days' notice by email to the email address given on registration.
2. You may:
  1. download, install and use the Software for your private (home) use only on one computer at a time per Ad-driven Licence;
  2. own up to ten (10) Ad-driven Licences at a time;
  3. suspend or cancel any of them at any time;
  4. close your user account at any time, and for the avoidance of doubt closing such account will automatically terminate any Ad-driven Licence that you may have;
  5. make up to two copies of the Software for back-up purposes only, provided that this is necessary for the activities permitted under clause 4.1;
  6. receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by the Licensor from time to time;
  7. use any Documentation in support of the use permitted under clause 4.1 and make copies of the Documentation as are reasonably necessary for its lawful use provided that the number of copies of the Documentation does not exceed the number of installations permitted under clause 4.2(a).
3. You must activate the Software. You may not be able to exercise your rights to use the Software under this agreement after the Trial Licence expires unless you activate your copy of the Software in the manner described during the launch of the Software and the Documentation. You may also need to deactivate and reactivate the Software if you modify your computer hardware or transfer the Software to another computer. Technological measures are built in to prevent unlicensed use of the Software. The Licensor will use those measures to confirm you have a legally licensed copy of the Software. The Licensor will not collect any personally identifiable information from your device during this process.
Licensee's undertakings
1. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
  1. not to copy the Software or Documentation except where such copying is incidental to the normal use of the Software or where it is necessary for the purpose of back-up or operational security;
  2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation;
  3. 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;
  4. not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
    1. is used only for the purpose of achieving interoperability of the Software with another software program;
    2. is not unnecessarily disclosed or communication to any third party without the Licensor's prior written consent; and
    3. is not used to create any software which is substantially similar to the Software.
  5. 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;
  6. to supervise and control use of the Software and ensure that your employees and representatives use the Software in accordance with the terms of this Licence;
  7. to include the copyright notice of the Licensor on all entire and partial copies you make of the Software on any medium.
Support
If you register the purchase of the Software pursuant to clause 7 below, the Licensor's technical support staff will endeavour to answer by email any queries which you, as the original registered purchaser, or your employees may have regarding the use or application of the Software during the Warranty Period. For email support please email .
Registration
The Licensor's registration scheme provides a number of benefits including access to Software updates and the support services referred to in clause 6 above. Owners of Full or Home Licences obtained from third parties such as resellers and affiliates must create a free account with https://mbbsoftware.com, and associate the licence(s) with their account in order to:
1. gain access to online facilities allowing manual deactivation of licences when the Software is no longer operable and cannot be used for deactivation;
2. ensure that in case of computer or licence theft, the Licence can be cancelled and free of charge replacement can be requested by the registered user.
To create a free account, you must complete the registration form on the Licensor's website which can be accessed at: https://mbbsoftware.com/login.aspx. To associate a Full or Home Licence with your account, you must use the Claim License Ownership controls on the Licensor's website at: https://mbbsoftware.com/my-account/licenses.aspx.
Intellectual property rights
1. You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to the Licensor, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence.
2. You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
3. The integrity of the Software is protected by technical protection measures ("TPM") so that the intellectual property rights, including copyright, in the Software of the Licensor are not misappropriated. You must not attempt in any way to remove or circumvent such TPM, nor to apply, manufacture, import, distribute, sell, let for hire, offer, expose or advertise for sale for hire or have in your possession for private or commercial purposes, any means whose sole reasonable purpose is to facilitate the unauthorised removal or circumvention of such TPM.
Warranty
1. The Licensor warrants that:
  1. for a period of 90 days commencing from the date the Software was installed ("Warranty Period") the Software will, when properly used, perform substantially in accordance with the functions described in the Documentation (provided that the Software is properly used on the computer and with the operating system for which it was designed as referred to in the accompanying documentation), and the Documentation correctly describes the operation of the Software in all material respects;
  2. the Software is created free of viruses and any other malicious or concealed modules consistent with current industry practice.
2. 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 Documentation meet your requirements.
3. You acknowledge that the Software is provided on an "AS IS BASIS" and may not be free of errors or bugs and you agree that the existence of any minor errors shall not constitute a breach of this Licence.
4. If, within the Warranty Period, you notify the Licensor in writing of any defect or fault in the Software in consequence of which it fails to perform substantially in accordance with the Documentation, and such defect or fault does not result from you having amended the Software or used it in contravention of the terms of this Licence, the Licensor will, at its sole option, repair or replace the Software, provided that you make available all the information that may be necessary to assist the Licensor in resolving the defect or fault, including sufficient information to enable the Licensor to recreate the defect or fault.
Licensor's Liability
1. Nothing in this Licence shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud, fraudulent misrepresentation, or deliberate personal repudiatory breaches of this agreement.
2. Subject to clause 10.1, the Licensor's liability for losses suffered by you arising out of or in connection with this agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall exclude the following even if such losses result from the Licensor's deliberate personal repudiatory breach of this agreement:
  1. loss of income;
  2. loss of business profits or contracts;
  3. business interruption;
  4. loss of the use of money or anticipated savings;
  5. loss of information;
  6. loss of opportunity, goodwill or reputation;
  7. loss of, damage to or corruption of data;
  8. any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
  9. any loss or damage which may be incurred by you as a result of (i) your failure to provide the Licensor with accurate account information; (ii) your failure to keep your password or any other account details secure and confidential;
  provided that this clause 10.2 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9 or any other claims for direct financial loss that are not excluded by any of categories (a) to (i) inclusive of this clause 10.2.
3. Subject to clause 10.1 and clause 10.2, the Licensor's maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the Licence Fee or, in the event that a Full Licence has not been purchased, a sum equal to £20.
4. Subject to clause 10.1, clause 10.2 and clause 10.3, the Licensor's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
5. This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the Software and Documentation which might otherwise be implied into or incorporated in this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
Termination
1. The Licensor may terminate this Licence immediately on written notice to you if:
  1. you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service on you of written notice requiring you to do so;
  2. applicable, if a petition for a bankruptcy order to be made against you has been presented to the court;
  3. applicable, the Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, or becomes unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); or.
  4. the Licensor is required to do so by law.
2. [Period] Subscription Licence:
  1. the Licensee may terminate the [Period] Subscription Licence at any time by cancelling it from their subscription terminal or by ceasing to pay the subscription fee at the beginning of the next Subscription Period;
  2. the Licensor may terminate the [Period] Subscription Licence upon written notice to the Licensee's registered email address at least one full Subscription Period in advance. Following termination under this clause 11.2(b), the Licensor shall stop deducting the [Period] Subscription Licence Fee from the Licensee's account and shall notify the Licensee of this accordingly;
  3. following any termination under this clause 11.2, the [Period] Subscription Licence shall remain valid until the end of the last paid Subscription Period and shall expire upon the end of such last paid Subscription Period.
3. Upon termination for any reason:
  1. all rights granted to you under this Licence shall cease;
  2. you must cease all activities authorised by this Licence; and
  3. you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to the Licensor (at the Licensor's option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
Transfer of rights and obligations
1. This Licence is binding on you and us and on our respective successors and assigns.
2. You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.
Notices
All notices given by you to the Licensor must be given to MBBSoftware Limited at . The Licensor may give notice to you at either the e-mail or postal address you provided to it when registering with the Licensor. Notices to all users may also be posted on https://mbbsoftware.com. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter, or three days after the posting on the website. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Events outside the Licensor's control
1. The Licensor will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under this Licence that is caused by an event outside his reasonable control ("Force Majeure Event").
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. impossibility of the use of public or private telecommunications networks;
  6. the acts, decrees, legislation, regulations or restrictions of any government.
3. The Licensor's performance under this Licence is deemed to be suspended for the period that the Force Majeure Event continues, and he will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Licence may be performed despite the Force Majeure Event.
Waiver
1. If we fail, at any time during the term of this Licence, to insist upon strict performance of any of your obligations under this Licence, or if we fail to exercise any of the rights or remedies to which we are entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by the Licensor of any default shall not constitute a waiver of any subsequent default.
3. No waiver by the Licensor of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing to the email given on registration.
Severability
If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
1. This Licence and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Software and Documentation and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. We each acknowledge that, in entering into this Licence, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into this Licence except as expressly stated in this Licence.
3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Licence (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
Law and jurisdiction
This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.