Sure-Path End-User License Agreement (EULA)
This End-User License Agreement ("EULA") is a legal agreement between you and Post Production Consultants Ltd
This EULA agreement governs your acquisition and use of our Sure-Path software ("Software") directly from Post Production Consultants Ltd or indirectly through a Post Production Consultants Ltd authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before continuing to use the Sure-Path software. It provides a license to use the Sure-Path software and contains warranty information and liability disclaimers.
By continuing to use the Sure-Path software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not continue to use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Post Production Consultants Ltd herewith regardless of whether other software is referred to or described herein. The terms also apply to any Post Production Consultants Ltd updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
1) Grant of Licence
Post Production Consultants Ltd hereby grants you a non-transferable, non-exclusive licence to use the Sure-Path software on your device in accordance with the terms of this EULA agreement.
You are permitted to run the Sure-Path software on a mobile device under your control. You are responsible for ensuring your device meets the minimum requirements of the Sure-Path software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell, lease or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that Post Production Consultants Ltd considers is a breach of this EULA agreement
2) Intellectual Property and Ownership
Post Production Consultants Ltd shall at all times retain ownership of the Software as originally supplied to you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Post Production Consultants Ltd.
All data produced by the Software remains the property of Post Production Consultants Ltd, however you may use the data for any private non commercial use subject to clause 4.
If the Software is used in conjunction with any competition ranked "L" or above by the International Waterski & Wakeboard Federation ("IWWF") being the international governing body for the sport of Water Skiing, then the data may be made freely available on a temporary, non commercial basis to IWWF for the purposes of judging competition, and record verification.
Post Production Consultants Ltd reserves the right to grant licences to use the Software to third parties.
Post Production Consultants Ltd warrants that the Software performs substantially in accordance with the User Guide provided the Software and associated hardware are used correctly and in accordance with all recommendations. There is no warranty as to the accuracy of data where the accuracy is subject to variation due to operational procedure.
4) Limitation of Liability
Under no circumstances shall Post Production Consultants Ltd be liable for any indirect, incidental, consequential, special or exemplary damages arising out of access to or use of or inability to access or use the Software or its associated services or arising from use of the data produced by the Software.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Post Production Consultants Ltd.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
6) Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of England & Wales.