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Terms and Conditions

Last Updated: Dec 03, 2012 04:10PM GMT
Please read this Software Licence Agreement (the “Licence”) carefully before using the software.  By using the software, you are acknowledging that you have read, understand and agree to be bound by the terms and conditions of the Licence.  By checking the “Agree to the Terms & Conditions” box you are agreeing to be bound by the Licence terms and conditions.  If you do not agree to the Licence terms and conditions, do not purchase a 12 month licence or use the software.
 
 

Social Safe Limited

Software Licence Agreement

 
 
1. Definitions & Interpretations
2. Licence and Restrictions
3. Updates
4. Disclaimer of Warranties and Limitation of Liability
5. Privacy
6. Miscellaneous
 

1. Definitions & Interpretations

1.1. The definitions and rules of interpretation in this section have the following meanings:

Data:
Photos, text and any other information downloaded, accessed or viewed using the Software.
 
Effective Date: 
The date on which this Licence is entered into by clicking on the ‘Accept’ button upon installation or first use of the Software – whichever occurs first.
 
Expiry Date:
The date on which this licence shall expire.
 
Free version:
A version of the Software that is provided without charge to enable users to try the Software.
 
Free Trial version:
A version of the Software that is provided without charge to enable users to try the Software for a time-limited period.
 
Intellectual Property: 
Copyright, trade marks, trade names, patents, database rights and other intellectual property rights existing in or associated within the Social Safe Software.  All intellectual property rights existing within or associated with the Data that belong to You or the original owner.
 
Licence Fee:
The cost of purchasing the right to use the Software within the terms granted by this Licence Agreement, which fee is waived for the Free and Free Trial versions of the Software.
 
Product Registration Key:
The key required for activation of the Software.
 
Social Safe:
The company incorporated and registered in England and Wales, United Kingdom, with company number 6722523 whose registered office is at 10 Upper Bourne Lane, Wrecclesham, Farnham, Surrey GU10 4RQ.
 
Software:
The Social Safe software application, including third party software.
 
Software Licence Agreement (the “Licence” or “Licence Agreement”)
This document and all clauses contained within it.
 
Terms of Use:
The terms and conditions of this Software Licence Agreement.
 
You:
The person or people who agree to and to be bound by the Software Licence Agreement Terms of Use and enter into the Agreement.
 
2. Licence and Restrictions
2.1. Subject to the terms of this Licence Agreement, Social Safe hereby grants to You a limited, personal, non-commercial, non-exclusive, non-transferable, non-assignable licence to use the Free version of the Software or a limited, non-exclusive, non-transferable, non-assignable licence to use the Free Trial, 4, 10 or 20 account versions of the Software.  This Licence Agreement allows You to install and use one instance of the Free or Free Trial versions of the Software on a single computer or device.  This Licence Agreement further allows You to install and use one instance of the 4, 10 or 20 account versions of the Software on two separate computers or devices.
2.2. Parts of the Software utilise or include third party software and other copyrighted material.  Acknowledgements, licensing terms and disclaimers for such material are contained in the "online" electronic documentation for the Software.  Your use of such material is governed by their respective terms.
2.3. You may not undertake, cause, permit or otherwise authorise the modification, reverse engineering, decompiling, disassembling or any other modifications or alterations of the Software or any part thereof.
2.4. You may not sell, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software or any part thereof.
2.5. Any and all Intellectual Property Rights in the Software are and shall remain the exclusive property of Social Safe and its suppliers in perpetuity.  No Intellectual Property Rights inherent in the Software are transferred to You upon purchase, download, installation or use of the Software.  Any infringement of the Software’s Intellectual Property Rights is a violation of the Licence Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws.
2.6. Notwithstanding any other terms of this Licence, Software provided to you for demonstration, testing and evaluation purposes may not be resold or transferred.
2.7. All title and Intellectual Rights in any content, images or any other Data downloaded or otherwise accessed through the Software are the property of the original owners.  Social Safe claims no rights to such Data.
2.8. On expiry of any Free, Free Trial or paid for licence period, You will still be able to use the Software providing You continue to comply with the Licence terms but account syncing, other functionality and updates, as deemed appropriate by SocialSafe, shall no longer be available to You.
2.9. Your rights under this Licence will terminate automatically and without notice from Social Safe, should you fail to comply with the Licence terms.  Upon termination of this Licence, you shall cease all use of the Software and destroy all copies.
 
3. Updates
3.1. Point Releases of the Software will be released from time to time.  This Licence Agreement allows You the right to receive Point Release updates to the Software which are included as part of the purchase of the Licence.
3.2. Major Releases of the Software are not included within the Licence Agreement and will be charged separately unless Social Safe decides not to make such charge.  You will have the option to update in the event of a Major Release at an additional cost or, if You wish, to continue using your previously purchased version of the Software.
3.3. Social Safe reserves the right to support only the latest Point or major Release of the Software.
 
4. Disclaimer of Warranties and Limitation of Liability
4.1. THE SOFTWARE IS “AS IS” AND COMES WITHOUT WARRANTY.  SOCIAL SAFE DOES NOT MAKE ANY WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY IN RESPECT OF THE SOFTWARE INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.  SOCIAL SAFE DOES NOT WARRANT THAT THE SOFTWARE WILL BE SECURE, ACCURATE, COMPLETE AND ERROR FREE.
4.2. You acknowledge and agree that any risk in use of the Software is held by You and that Social Safe is indemnified against any loss of Data of any kind through use of the Software.  Social Safe accepts no liability for the integrity of any social networking account that You access to back up Data using the Software and that the Data will be downloaded to Your computer at Your own risk.  You agree that you will take your own steps to back up the Data separately and that Social Safe is used only as a Software tool to download such Data.
4.3. Social Safe is in no way liable for any viruses inherent in the Software or downloaded by the Software, or for any damage caused to any computer or other device on which the Software is downloaded, installed or used upon as a result of such viruses.
4.4. Social Safe is in no way responsible for any damage caused to any computer through use of the Software.
4.5. TO THE EXTENT NOT PROHIBITED BY LAW SOCIAL SAFE, ITS OWNERS, INVESTORS, EMPLOYEES, LICENSORS, AGENTS OR REPRESENTATIVES SHALL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
4.5.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE;
4.5.2. ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE;
4.5.3. ANY LOSS OF DATA HELD WITHIN THE SOCIAL NETWORKING OR OTHER WEBSITE FROM WHICH YOU DOWNLOAD DATA;
4.5.4. THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU AND/OR SOCIAL SAFE FOR ANY REASON WHATSOEVER; AND
4.5.5. THE RELEASE OR DECISION NOT TO RELEASE NEW VERSIONS OF THE SOFTWARE TO YOU.
4.5.6. IN ANY EVENT, SOCIAL SAFE’S LIABILITY FOR ANY REASON SHALL NOT EXCEED THE LICENCE FEE PAID BY YOU TO USE THE SOFTWARE.
4.6. Social safe does not guarantee the successful backup of any Data by use of the Software and is indemnified against loss.  It is Your responsibility to check that such Data has been downloaded correctly and in its entirety.
 
5. Privacy
5.1. Social Safe respects Your right to privacy and will in no way, nor is able to, view or monitor the content of any downloads and back-ups You have made using the Software.
5.2. Where You send information You have downloaded from social networks or other sources to Social Safe for technical support purposes, this information will only be used by Social Safe to resolve Your technical issues and will be destroyed on resolution of Your support request.
5.3. Where You have chosen to send anonymous statistics to Social Safe, information on the volume of items You have downloaded may be transmitted to Social Safe after each social network account download.  However, Social Safe will in no way view or monitor the content of any downloads and back-ups You have made using the Software.
5.4. Social Safe shall act in accordance with its published Privacy Policy, as amended and updated from time to time.
 
6. Miscellaneous
6.1. The contents of the Terms of Use constitute the entire agreement between You and Social Safe.  Any translation of this Licence is carried out for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Licence shall prevail.
6.2. By using a version of the Software that contains the branding of a company other than Social Safe, You expressly accept that no relationship exists between You and any party other than Social Safe in respect of the use of the Software.
6.3. Delivery of the Software shall be deemed to have taken place when You click on the ‘Accept’ button upon installation or first use of the Software, whichever occurs first.
6.4. Any Licence Fee refunds will be at the sole discretion of Social Safe.
6.5. Social Safe may, at its sole discretion, modify or discontinue or suspend Your ability to use any version of the Software, and/or disable any Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Social Safe’s discretion, are in breach of the Terms of Use, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
6.6. Social Safe makes no charge for any service or functionality that would operate less effectively or cease to operate entirely should Social Safe cease to exist or cease to maintain or update such service or functionality.  Functionality to enable the download of data from social networks is provided free of charge.
6.7. Social Safe may, at any time and without prior notice modify change or otherwise alter these Terms of Use.
6.8. This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.  This Licence shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
6.9. The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
6.10. If any provision (or part of a provision) of this Licence Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.  If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
6.11. All other rights of Social Safe are expressly reserved.
 
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT.  BY CHECKING THE “AGREE” BOX YOU ARE AGREEING TO BE BOUND BY THE LICENCE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THE LICENCE TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE.
 
Version 31, December 2012
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