Go Smart Software Licence
This is a software licence agreement made between Reference Point Limited ('Licensor') and you.
- You must read and accept all the terms and conditions set out below before you are entitled to download the software by clicking on the [accept and continue] button. By clicking on the [accept and continue] button and by downloading the software, you agree to become (and be deemed to have become) the licensee under this licence agreement and consent to be bound by all of its terms. If you do not agree to all of the terms and conditions of this licence agreement, do not click the [accept and continue] button and do not download or use the software.
- You warrant that you will only use the software in accordance with all applicable laws including the General Data Protection Regulation (GDPR (EU) 2016/679) and any other applicable data protection or privacy legislation in force from time to time.
- By clicking the 'Accept and Continue' button you accept and the Licensor grants you the ('Licensee') a non-exclusive, non-transferable limited licence to use the accompanying Go Smart software, including (if applicable) electronic documentation and associated materials ('the Software') strictly in accordance with the terms and conditions of this Licence Agreement. The Licensee may not copy or transfer the Software from one computer to another.
- The Licensee may only use the Software by copying, transmitting or loading it into a single hard disk or other storage device on which the Licensee's computer, laptop or mobile device may process the Software. The Licensee may make one copy of the Software for back-up purposes, maintaining always the same copyright information as the original.
- The Licensee is not permitted (save to the extent allowed by applicable law) to copy the Software otherwise than for use of the Software for normal operation in accordance with the terms of this Licence Agreement. The Licensee shall not (save as to the extent allowed by applicable law) disassemble, decompile or reverse engineer the Software, nor translate, adapt, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works from the Software. The Licensee shall destroy the Software and all upgrades or copies in its possession promptly upon termination of this Licence Agreement or discontinuance of the licence granted, for whatever reason.
- The Software is provided 'as is' without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality or fitness for a particular purpose.
- The Licensor does not warrant that the Software will be virus or error-free or that any errors will be corrected and the licensee is solely responsible for all costs and expenses associated with rectification, repair or damage caused by any such errors. Any new releases or updates to the Software made available by the Licensee which may correct such errors will be made available at the relevant mobile device app stores or at https://www.gosmart.co.uk/Getting-Started for the PC version of Go Smart on applicable terms and conditions.
- You agree to indemnify and keep indemnified and defend at your own expense the Licensor against all costs, claims, damages or expenses incurred by the Licensor or for which the Licensor may become liable due to any failure by you or your employees or agents to comply with any of your obligations under the terms of this Licence.
- Except for death or personal injury arising from the Licensor's negligence, Licensor excludes and disclaims all liability for any loss or damage whatsoever or howsoever caused, arising directly or indirectly in connection with this licence agreement, the software, its use or otherwise. The Licensor expressly excludes liability for indirect, special, incidental or consequential loss or damage howsoever caused even if advised of the possibility of such damages. Notwithstanding the foregoing, in the event the Licensor accepts any liability whatsoever, or is otherwise liable such liability shall be limited to £50 (fifty pounds sterling).
- The Licensor or the relevant third-party owners (as the case may be) shall at all times remain the sole owner of all database rights and all other intellectual property rights and like proprietary rights subsisting in or used in connection with the Software. The Licensee may have statutory rights which are not affected by this Licence. All limitations or exclusions shall apply to the fullest extent permitted by applicable law. In the event that any provision is void or unenforceable, such part shall be severed from this Licence and remainder shall be valid and continue in full force and effect.
- If you transfer possession of the Software to another party without our consent or except as provided in this Licence, this Licence is automatically terminated.
- This Licence is effective until terminated. The Licensor may terminate the Licence Agreement at any time (a) if the Licensee is in breach of any of the terms and conditions of this Licence Agreement; or (b) for convenience Licensee may terminate this Licence Agreement at any time by deleting the Software and all copies of the Software (if applicable).
- This Licence Agreement shall be construed in accordance with and governed by English law and subject to the exclusive jurisdiction of the English courts.