Demo and Trial End User Licence Agreement
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Elektraglide Ltd, 79 Walnut Tree Close, Guildford, United Kingdom GU1 4UH (Licensor, us or we) for the use of our demonstrations of games and applications streaming services available at polystream.com and various .poly.stream demonstration and trial portals (Service) and any software utilised in connection with the streaming services (Software).
We license use of the Service to you on the basis of this Licence.
IMPORTANT NOTICE TO ALL USERS:
BY INSTALLING AND/OR USING THE SERVICE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SERVICE TO YOU AND YOU MUST DISCONTINUE INSTALLATION AND/OR USE.
You should print a copy of this Licence for future reference.
1. Grant and scope of licence
1.1 In consideration of you agreeing to abide by the terms of this Licence, we hereby grant you a time-limited (subject to clause 6), non-exclusive, non-transferable licence to trial the Service on the terms of this Licence.
1.2 You may install the Software on your computer/device in order to access and use the Service for the purposes of a personal trial of the Service.
2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) only to use the Software and Service for your own trial of the Service for evaluation purposes and not to use the Software or Service for commercial purposes;
(b) not to copy the Software or Service except where such copying is required for normal use of the Software or Service or where it is necessary for the purpose of back-up or operational security;
(c) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Service, or grant access to the Software or Service to any third party;
(d) not to make alterations to, or modifications of, the whole or any part of the Software or Service nor permit the Software or Service or any part of it to be combined with, or become incorporated in, any other programs;
(e) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software or Service nor attempt to do any such things;
(f) to keep all copies of the Software and Services secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software and Services;
(g) to include our copyright notice on all entire and partial copies of the Software and Services in any form; or
(h) not to provide, or otherwise make available, the Software or Services 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 us.
3. Acceptable use
3.1 As a condition of use of the Services, you agree not to use the Services nor permit them to be used:
(a) for any purpose that is unlawful under any applicable law or prohibited by Licence;
(b) to commit any act of fraud;
(c) to distribute any virus or malicious software;
(d) for purposes of promoting unsolicited advertising or sending spam;
(e) to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
(f) in any manner that disrupts any of our operations, business, equipment, websites or systems or those of any other person or entity (including any denial of service and similar attacks);
(g) in any manner that harms or may endanger minors or any other person;
(h) to promote any unlawful activity;
(i) to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
(j) to gain unauthorised access to or use of any computers, data, systems, accounts or networks of any person;
(k) in any manner which may impair any other person’s use of the Services or use of any other services provided by us to any other person;
(l) to attempt to circumvent any security controls or mechanisms;
(m) to attempt to circumvent any password or user authentication methods of any person;
(n) in any manner inconsistent with this Licence or any instructions or usage limitations provided by us from time to time; or
(o) in any manner which does not comply with the provisions relating to Intellectual Property Rights contained in this Licence.
3.2 Any communication made on or using the Services by any person must conform to appropriate and lawful standards of accuracy, decency and lawfulness, which shall be applied in our discretion. In particular, you warrant and undertake that any data or information you provide, and any such communication shall at all times be:
(a) submitted lawfully and without infringement of any intellectual property rights of any person;
(b) free of any virus or malicious software;
(c) factually accurate;
(d) provided with the necessary consent of any third party;
(e) not defamatory or likely to give rise to an allegation of defamation;
(f) not obscene, seditious, vulgar, pornographic, sexually explicit, discriminatory or deceptive;
(g) not abusive, threatening, offensive, harassing or invasive of privacy;
(h) not racist, sexist or xenophobic;
(i) not liable to offend religious sentiments or deeply held beliefs; and
(j) unlikely to cause offence, embarrassment or annoyance to any person.
3.3 As a condition of use of the Services, you agree not to:
(a) create a frame or any other browser or border environment around the content of the Services (or any part);
(b) display any of the trade marks or logos used on the Services without our permission together with that of the owner of such trade marks or logos; or
(c) use our trade marks, logos or trade names in any manner.
4. Intellectual property rights
4.1 You acknowledge that all intellectual property rights in the Software and the Services throughout the world belong to us or our licensors, that rights in the Software and Services are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Services other than the right to use them in accordance with the terms of this Licence.
4.2 You acknowledge that you have no right to have access to the Software or Service in source code form or in unlocked coding or with comments.
5. No warranty
The Software and Service is provided ‘as is’ and free of charge and any express or implied warranties, including, but not limited to, the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose are excluded to the fullest extent permitted by law.
6. Limitation of liability
6.1 You acknowledge that the Software, Service and its content is being provided ‘as is’ for trial purposes and has not been developed to meet your individual requirements.
6.2 We only supply the Software and Service for your own personal trial of the Service and not to use the Software or Service for commercial purposes.
6.3 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
6.4 Other than the losses set out in condition 5.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100.00. This maximum cap does not apply to condition 5.5.
6.5 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by English law.
6.6 Service. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software and Service which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
7.1 This Licence will terminate automatically on expiry of the beta testing period as displayed on our website polystream.com or as otherwise determined by us.
7.2 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence.
7.3 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities authorised by this Licence; and
(c) you must immediately delete or remove the Software from all computer equipment in your possession.
8. Communications between us
8.1 If we have to contact you or give you notice in writing, we will do so by a notice on our website or via e-mail.
8.2 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website or 24 hours after an e-mail is sent.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 8.2.
9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
(a) our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
10. Other important terms
10.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
10.3 This Licence and any document expressly referred to in it constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in this Licence or any document expressly referred to in it.
10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.6 On reasonable notice, you will give us such access as we need to your premises and systems so that we can assess your compliance with the terms of this Licence.
10.7 We reserve the right to alter the terms of this licence on notice to you.
10.8 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.