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IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THE SOFTWARE: This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Childish Things Limited of 2 Rathcoole Avenue, Hornsey, London N8 9NA (“Licensor” or “we”) for International Cricket Captain 2018 (“Software”), which includes computer software, the data supplied with it, the associated media, printed materials and electronic documentation (“Documentation”).
BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE DOWNLOADING, INSTALLING OR USING THE SOFTWARE NOW. IF YOU PURCHASED THIS SOFTWARE FROM AN AUTHORISED THIRD-PARTY RETAILER, PLEASE NOTE THAT THE RETAILER HAS THE RIGHT TO ENTER INTO THIS LICENCE ON OUR BEHALF.
1 Grant and Scope of Licence
In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable, limited licence to download, install and use the Software and the Documentation for your own personal use and on the terms of this Licence. This licence does not give you any other rights in the Software or the Documentation.
2 Licensee's Undertakings
2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
2.1.1 not to copy the Software or Documentation except where such copying is incidental to normal use of the Software;
2.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation;
2.1.3 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;
2.1.4 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things:
2.1.4.1 is used only for the purpose of achieving inter-operability of the Software with another software program;
2.1.4.2 is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
2.1.4.3 is not used to create any software which is substantially similar to the Software;
2.1.5 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;
2.1.6 not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from the Licensor;
2.1.7 not to use the Software via any communications network or by means of remote access.
3 Intellectual Property Rights
3.1 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.
3.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments. You must not attempt to reverse engineer, derive source code, modify, decompile, disassemble or create derivative works from the Software. This condition applies to the extent permitted by English law.
3.3 The integrity of this Software is protected 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 any such protection, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such protection.
4 Disclaimer of Warranty
4.1 The Licensor warrants to the original purchaser of the Software that the Software will be free from defects in material and workmanship under normal use for a period of 90 days from the date of purchase. In the event that the Software proves to be defective during that time period, and upon presentation to Licensor or its representatives of proof of purchase of the defective Software, the Licensor or its representatives will at its option either correct any defect, or provide you with Software of equal or lesser value, or refund your money. To the fullest extent permitted by English law all other warranties, conditions and other terms implied by statute or common law are excluded from the Licence.
4.2 Save as provided in condition 4.1, the Software and the Documentation are provided on an “as is” basis and without any warranty of any kind. You acknowledge that the Software and the Documentation have 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.
4.3 You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Licence.
5 Licensor's Liability
5.1 Nothing in this Licence shall exclude or in any way limit the Licensor's liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law.
5.2 Subject to condition 5.1 the Licensor shall not be liable under or in connection with this Licence or any collateral contract for loss of income, loss of business profits or contracts, business interruption, loss of the use of money or anticipated savings, loss of information, loss of opportunity, goodwill or reputation, loss of, damage to or corruption of data, or any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this condition 5.2 shall not prevent claims for any other claims for direct financial loss that are not excluded by any of the matters listed in this condition 5.2.
5.3 Subject to condition 5.1 and condition 5.2, 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 purchase price of the Software.
5.4 Subject to condition 5.1, condition 5.2 and condition 5.3, the Licensor's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
5.5 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Documentation.
6 Equitable Remedies
You hereby agree that the Licensor would be irreparably damaged if the terms of this Licence were not specifically enforced, and therefore you agree that the Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Licence, in addition to such other remedies as the Licensor may otherwise have available to it under law.
7 Customer Service/Technical Support
Customer Service may be provided to you by Licensor or its representatives by e-mail. Technical Support may be provided to you by Licensor or its representatives by e-mail, or by posting of information related to known technical support issues on a web site.
8 Termination
8.1 The Licensor 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 on you of written notice requiring you to do so.
8.2 Upon termination for any reason all rights granted to you under this Licence shall cease, you must cease all activities authorised by this Licence, you must immediately pay to the Licensor any sums due to the Licensor under this Licence, and you must immediately delete or remove the Software from all computer equipment in your possession.
9 Transfer of Rights and Obligations
9.1 This Licence is binding on you and us and on our respective successors and assigns.
9.2 The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of his rights or obligations arising under it, at any time during the term of the Licence.
10 Waiver
10.1 If the Licensor fails, at any time during the term of this Licence, to insist on strict performance of any of your obligations under this Licence, or if the Licensor fails to exercise any of the rights or remedies to which he is 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.
10.2 A waiver by the Licensor of any default shall not constitute a waiver of any subsequent default.
10.3 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.
11 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 be enforced to the maximum extent permissible (or severed if such enforcement is not permissible) and the remaining provisions of this Licence shall remain in full force and effect.
12 Entire Agreement
12.1 This Licence 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.
12.2 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 implied from anything said or written in negotiations between us before entering into this Licence except as expressly stated in this Licence.
13 Law and Jurisdiction
This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be deemed to have been made and executed in England, are governed by and construed in accordance with English law and any dispute arising in relation to it shall be submitted to the non-exclusive jurisdiction of the English courts.
IMPORTANT NOTICE:
All trademarks are the property of their respective owners. Childish Things Limited makes no warranty or representation in respect of any trademark. In addition Childish Things Limited does not make any warranty or representation in relation to the names contained within this software product including without limitation the name of any player, stadium ground, competition, organisation or association (“Real World Data”) all trademarks relating to which are the property of their respective owners.
Real World Data is used descriptively and solely for the purposes of information regarding the sport of cricket and all such use is intended to be descriptive and incidental to the use of this software product. No player, club, competition, association or organisation endorses or is associated or connected with this software product in any way and Childish Things makes no representation of any such endorsement, association or connection.
No image or likeness of any player, club, competition, association or organisation is used in this site and any similarity with any graphical element of this site is co-incidental. All statistics contained within the Real World Data are researched or computer generated and intended to be fair. They are not intended to be and should not be relied upon or considered a true reflection of the abilities or performances of any individual player, club or competition but a computerised interpretation of data given to it or generated by it.
In the event that any player, club, association, competition or organisation objects to its, his or her inclusion in this site as Real World Data or the content of any Real World Data they should notify Childish Things Limited by contact at: whereupon Childish Things shall act appropriately in connection with legitimate concerns.
BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE DOWNLOADING, INSTALLING OR USING THE SOFTWARE NOW. IF YOU PURCHASED THIS SOFTWARE FROM AN AUTHORISED THIRD-PARTY RETAILER, PLEASE NOTE THAT THE RETAILER HAS THE RIGHT TO ENTER INTO THIS LICENCE ON OUR BEHALF.
1 Grant and Scope of Licence
In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable, limited licence to download, install and use the Software and the Documentation for your own personal use and on the terms of this Licence. This licence does not give you any other rights in the Software or the Documentation.
2 Licensee's Undertakings
2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
2.1.1 not to copy the Software or Documentation except where such copying is incidental to normal use of the Software;
2.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation;
2.1.3 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;
2.1.4 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things:
2.1.4.1 is used only for the purpose of achieving inter-operability of the Software with another software program;
2.1.4.2 is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
2.1.4.3 is not used to create any software which is substantially similar to the Software;
2.1.5 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;
2.1.6 not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from the Licensor;
2.1.7 not to use the Software via any communications network or by means of remote access.
3 Intellectual Property Rights
3.1 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.
3.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments. You must not attempt to reverse engineer, derive source code, modify, decompile, disassemble or create derivative works from the Software. This condition applies to the extent permitted by English law.
3.3 The integrity of this Software is protected 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 any such protection, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such protection.
4 Disclaimer of Warranty
4.1 The Licensor warrants to the original purchaser of the Software that the Software will be free from defects in material and workmanship under normal use for a period of 90 days from the date of purchase. In the event that the Software proves to be defective during that time period, and upon presentation to Licensor or its representatives of proof of purchase of the defective Software, the Licensor or its representatives will at its option either correct any defect, or provide you with Software of equal or lesser value, or refund your money. To the fullest extent permitted by English law all other warranties, conditions and other terms implied by statute or common law are excluded from the Licence.
4.2 Save as provided in condition 4.1, the Software and the Documentation are provided on an “as is” basis and without any warranty of any kind. You acknowledge that the Software and the Documentation have 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.
4.3 You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Licence.
5 Licensor's Liability
5.1 Nothing in this Licence shall exclude or in any way limit the Licensor's liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law.
5.2 Subject to condition 5.1 the Licensor shall not be liable under or in connection with this Licence or any collateral contract for loss of income, loss of business profits or contracts, business interruption, loss of the use of money or anticipated savings, loss of information, loss of opportunity, goodwill or reputation, loss of, damage to or corruption of data, or any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this condition 5.2 shall not prevent claims for any other claims for direct financial loss that are not excluded by any of the matters listed in this condition 5.2.
5.3 Subject to condition 5.1 and condition 5.2, 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 purchase price of the Software.
5.4 Subject to condition 5.1, condition 5.2 and condition 5.3, the Licensor's liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
5.5 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Software and Documentation.
6 Equitable Remedies
You hereby agree that the Licensor would be irreparably damaged if the terms of this Licence were not specifically enforced, and therefore you agree that the Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Licence, in addition to such other remedies as the Licensor may otherwise have available to it under law.
7 Customer Service/Technical Support
Customer Service may be provided to you by Licensor or its representatives by e-mail. Technical Support may be provided to you by Licensor or its representatives by e-mail, or by posting of information related to known technical support issues on a web site.
8 Termination
8.1 The Licensor 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 on you of written notice requiring you to do so.
8.2 Upon termination for any reason all rights granted to you under this Licence shall cease, you must cease all activities authorised by this Licence, you must immediately pay to the Licensor any sums due to the Licensor under this Licence, and you must immediately delete or remove the Software from all computer equipment in your possession.
9 Transfer of Rights and Obligations
9.1 This Licence is binding on you and us and on our respective successors and assigns.
9.2 The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of his rights or obligations arising under it, at any time during the term of the Licence.
10 Waiver
10.1 If the Licensor fails, at any time during the term of this Licence, to insist on strict performance of any of your obligations under this Licence, or if the Licensor fails to exercise any of the rights or remedies to which he is 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.
10.2 A waiver by the Licensor of any default shall not constitute a waiver of any subsequent default.
10.3 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.
11 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 be enforced to the maximum extent permissible (or severed if such enforcement is not permissible) and the remaining provisions of this Licence shall remain in full force and effect.
12 Entire Agreement
12.1 This Licence 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.
12.2 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 implied from anything said or written in negotiations between us before entering into this Licence except as expressly stated in this Licence.
13 Law and Jurisdiction
This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be deemed to have been made and executed in England, are governed by and construed in accordance with English law and any dispute arising in relation to it shall be submitted to the non-exclusive jurisdiction of the English courts.
IMPORTANT NOTICE:
All trademarks are the property of their respective owners. Childish Things Limited makes no warranty or representation in respect of any trademark. In addition Childish Things Limited does not make any warranty or representation in relation to the names contained within this software product including without limitation the name of any player, stadium ground, competition, organisation or association (“Real World Data”) all trademarks relating to which are the property of their respective owners.
Real World Data is used descriptively and solely for the purposes of information regarding the sport of cricket and all such use is intended to be descriptive and incidental to the use of this software product. No player, club, competition, association or organisation endorses or is associated or connected with this software product in any way and Childish Things makes no representation of any such endorsement, association or connection.
No image or likeness of any player, club, competition, association or organisation is used in this site and any similarity with any graphical element of this site is co-incidental. All statistics contained within the Real World Data are researched or computer generated and intended to be fair. They are not intended to be and should not be relied upon or considered a true reflection of the abilities or performances of any individual player, club or competition but a computerised interpretation of data given to it or generated by it.
In the event that any player, club, association, competition or organisation objects to its, his or her inclusion in this site as Real World Data or the content of any Real World Data they should notify Childish Things Limited by contact at: whereupon Childish Things shall act appropriately in connection with legitimate concerns.