This Software End User License Agreement (“Agreement”) is between you (both the individual and any single legal entity for which the individual is acting) (“You” or “Your”) and CLAYTON PARTNERS LTD (trading as Electacourse (“Electacourse”) for the Electacourse proprietary material (the “Licensed Material”) that you may have licensed through a third party or from Electacourse directly.
Your use of the Licensed Materials indicates your acceptance of the terms and conditions of this Agreement.
Electacourse hereby grants you, and you accept, a non-exclusive and non-transferable license to view, use and display the Licensed Material on the following terms and conditions only:
This Agreement shall terminate upon the conditions displayed elsewhere on the Electacourse website, or in communication between you and Electacourse or if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to immediately discontinue all access to the Licensed Material.
You acknowledge that all rights (including without limitation, copyrights, patents and trade secrets) in the Licensed Material are the sole and exclusive property of Electacourse and/or its licensors. By accepting this Agreement, you do not become the owner of the Licensed Material, but you do have a limited license to use it in accordance with the provisions of this Agreement. You agree to protect the Licensed Material from unauthorized use, upload, download, reproduction, or distribution. You further agree not to translate, decompile, disassemble or otherwise reverse engineer the Licensed Material.
LICENSED MATERIAL(S) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS OR PERFORMANCE, AND THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF THE LICENSED MATERIAL IS ASSUMED BY YOU. IN NO EVENT WILL ELECTACOURSE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED MATERIAL(S).
This Agreement represents the entire agreement between us and supersedes any prior Agreements, oral or written, and any other communication between us relating to the subject matter of this Agreement. This Agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales. You acknowledge that you have read this Agreement, and agree to be bound by its terms and conditions.
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