Effective Date: December 1st, 2009
Last Updated: May 23, 2018
Document Name: easybook-free-30-day-trial-download-disclaimer-eula.html
Document Version: 1.1
EasyBook Electronic End-User Software License Agreement (EULA)
THIS AGREEMENT IS A LEGAL DOCUMENT. PLEASE READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE EASYBOOK SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT COMPLETE THE INSTALLATION PROCESS. PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT, FOR A FULL REFUND.
(a) "EasyBook Business Solutions Limited", "we", "our" or "us" means EasyBook Business Solutions Limited, whose service address is 4 Croft Place, Temple Sowerby, Penrith, Cumbria, CA10 1RT, United Kingdom. Our company registration number is 7079174 (Registered at Companies House in the United Kingdom).
(b) "EasyBook" refers to the EasyBook Booking & Guest Management Software, supplied by EasyBook Business Solutions Limited.
(c) "Software" means the programs supplied by EasyBook Business Solutions Limited herewith, and any and all updates thereto.
(d) The term "you" refers to the user of the EasyBook Booking Management Software.
This Agreement allows you to install and operate the Software on a single computer, or more than one computer on your local area network (LAN), or on another computer that belongs to you for "backup" purposes as long as it is used for the same business.
3. License Restrictions
Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not rent, lease or sublicense the Software. You may not modify the Software or create derivative works based upon the Software. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier end-user license and that you will not continue to use the earlier version of the Software nor transfer it to another without our prior consent.
The foregoing license gives you limited rights to use the Software. Although you own the media on which the Software is recorded, you do not become the owner of, and we retain title to, the Software and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by us.
6. Limited Warranties
(a) We warrant that, for a period of Thirty (30) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) that the media on which the Software is furnished will be free from defects in materials and workmanship under normal use. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, EASYBOOK BUSINESS SOLUTIONS LIMITED DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY.
No oral or written information or advice given by us, our dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
(b) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
7. Exclusive Remedy
Your exclusive remedy under Section 7 is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. We will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. We shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration.
8. Limitations of Damages
(a) EASYBOOK BUSINESS SOLUTIONS LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF EASYBOOK BUSINESS SOLUTIONS LIMITED OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) EASYBOOK BUSINESS SOLUTIONS LIMITED'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF £250 UK POUNDS, OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(d) To the extent provided by applicable law, the foregoing limitations of damages do not apply to damages for personal injury to you, if any.
9. Basis of Bargain
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between EasyBook Business Solutions Limited and you. We would not be able to provide the Software on an economic basis without such limitations.
10. (Outside of the USA only) Consumer End Users
The limitations or exclusions of warranties and liability contained in this agreement do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.
Due to the fact that it is impossible for us to recover digital licence files once delivered, refunds for purchases will only be given at the discretion of the management of EasyBook Business Solutions Limited. We highly recommend that you make full use of the Free 30 Day Trial prior to purchase of EasyBook to ensure that it meets your exact requirements.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: EasyBook Business Solutions Limited, 15 Fairfield Way, Wesham, Preston, Lancashire, PR4 3EP, United Kingdom, for the attention of the Customer Services Manager.