The Search Visualiser program is operated by Hyde & Rugg Associates (Company number 07369647) ("our", "us" and "we").
These are the terms and conditions (the "Terms") which apply to the use of the Search Visualiser program (the "Program") by end users.
| 1 | Program |
|---|---|
| 1.1 | The Software requires a web browser. |
| 1.2 | These Terms shall apply to all use of the Program by you. |
| 2 | Scope of Use |
| 2.1 | You are granted a non-exclusive and non-transferable licence to use the Program as it is at the date of use and only through our website (the "Licence"), which means that we are free to licence use of the Program to other customers and your right to use the Program cannot be transferred by you to someone else. |
| 2.2 | We reserve the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the Program. |
| 2.3 | We may immediately end the Licence without notice if you commit a serious or persistent breach of these Terms. In such event, you will not be entitled to a refund of any fee paid for use of the Program. |
| 2.4 | We reserve the right to charge for use of the Program provided always that you will not be charged without your consent. |
| 3 | Your Obligations |
| 3.1 | You will use the Program in a diligent manner and you undertake: |
| 3.1.1 | not to do or cause to be done anything which renders the functionality of the Program to be less effective; |
| 3.1.2 | not to copy the Program and not to make alterations or modifications of, the whole or any part of the Program; |
| 3.1.3 | to ensure you use the Program alongside a commercially available anti-virus software; |
| 3.1.4 | to take reasonable care to avoid transmission of any computer viruses, macro viruses, Trojan horses, worms, defects, data bombs or any other items which are designed to interfere with, interrupt or disrupt the normal operating procedures through or via the use of the Program; |
| 3.1.5 | not, through the use of the Program, to violate or infringe the rights of any person (including artist, inventors and creators), firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); |
| 3.1.6 | not to use the Program for any illegal purpose; |
| 3.1.7 | not to create any Program which is substantially similar to the Program; and |
| 3.1.8 | to indemnify us against any losses, claim or action against us due to your negligent use of the Program or breach of these Terms. |
| 4 | Our Rights |
| 4.1 | We reserve the right at any time to:
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| 4.2 | Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on our website hydeandrugg.com (the "Site") or electronic mail. Your continued use of the Program following such notification will be deemed acceptance of such changes. |
| 4.3 | If you do not agree with any of the above, you must stop using the Program immediately. |
| 4.4 | All rights not specifically granted under these Terms are reserved by us. |
| 5 | Intellectual Property Rights |
| 5.1 | You accept that you do not acquire ownership of the Program at any time. |
| 5.2 | You acknowledge you have no right to access the Program in source code form or in unlocked coding or with comments and it would be a material breach to these Terms to access or alter the same. |
| 5.3 | You acknowledge that copyright in any search produced by the Program shall be ours from its creation albeit that you may use it for non-commercial purposes. For example, you may not claim the right to use the graphical output from the Program as a decorative design for commercial products such as mugs with that design. |
| 5.4 | You acknowledge that any copyright or other intellectual property in any suggestion for alteration or addition to the Program or its functionality posted by you on the Site or notified to us in any other way and the results of such alteration or addition shall be our property and you relinquish ownership of it once posted or otherwise notified. |
| 6 | Warranties and Limitations |
| 6.1 | We do not and cannot warrant the accuracy, reliability, completeness or timeliness of the functionality of the Program and that it:
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| 6.2 | We disclaim all other warranties and conditions and make no warranties of any kind, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the use of the Program, and the provision of or failure to provide support or other services, information, software and other provided always that nothing in these Terms shall seek to limit our liability for fraud. |
| 6.3 | Any personal information you have provided to us shall be handled in accordance with our privacy policy. |
| 6.4 | If you are using the program solely as a consumer nothing in this clause 6 shall limit or affect your statutory rights. |
| 7 | Liability |
| 7.1 | If you are using the Program in the course of a business or a profession and to the maximum extent permitted by law we shall not be liable to you or to any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for any inaccuracies, disruption, malfunction or any defects in the Program, loss of data, loss of business, loss of profits, business interruption or the like) the use of or inability to use the Program, whether arising out of warranty, contract, tort or any other legal theories and whether or not we are advised of the possibility of such damages. |
| 7.2 | Notwithstanding any damages that you or any third party might incur for any reason whatsoever (including, without limitation, all direct or general damages in contract or anything else), the entire liability of Hyde & Rugg Associates arising from or related to the use of the Program shall be limited to the amount actually paid by you for the Program concerned or, if you are using the Program without payment, to the sum of £10. |
| 8 | Termination |
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Upon termination for any reason outlined in these Terms:
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| 9 | Governing Law |
| Any disputes related to these Terms or from the use of the Program are to be construed in accordance with the law of England and Wales, whose courts will have exclusive jurisdiction in any dispute, save that we have the right, at our absolute discretion, to commence and pursue proceedings in alternative jurisdictions. | |
| 10 | Entire Agreement |
| The Terms represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms. |