END USER SOFTWARE LICENCE AGREEMENT
THIS IS A SOFTWARE LICENCE AGREEMENT BETWEEN LITERATURE AND LATTE LIMITED (registered in England and Wales with number 6240207 whose registered office is at Lowin House Tregolls Road Truro Cornwall TR1 2NA) (the ‘LICENSOR’) AND YOU.
PLEASE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. IF YOU USE THIS SOFTWARE THEN YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE THEN PLEASE DELETE THE SOFTWARE OR RETURN THE SOFTWARE AND THE RELATED DOCUMENTATION TO YOUR RETAILER. IF YOUR RETAILER DOES NOT ACCEPT THE RETURN THEN PLEASE CONTACT THE LICENSOR.
PLEASE NOTE THAT THE LICENSOR STRONGLY RECOMMENDS THAT YOU TRY THE FREE TRIAL VERSION OF THE SOFTWARE BEFORE PURCHASING TO ENSURE THAT THE SOFTWARE SATISFIES YOUR REQUIREMENTS.
1. Licence
Upon accepting the terms of this agreement, the Licensor grants you, the licensee, (“you”) and your family that live with you at the same address (“family members”) a non-exclusive, non-transferable limited licence to use the accompanying Scrivener Apple Mac version software, including (if applicable) electronic documentation and associated material (the “Software”) strictly in accordance with the terms and conditions of this licence agreement.
This licence agreement enables you and your family members to use the Software on your own respective computers within your household but you may not copy or transfer the Software to any other computer or hard drive. Any members of your family not residing at your address for eight months of any year or more are not family members for the purposes of this licence agreement and must purchase a separate Software licence.
Additionally, you may make one copy of the Software for back-up purposes, maintaining always the same copyright information as the original, and you may also install one copy of the Software outside of the household provided it is for personal use by you or a family member and reasonable steps are taken to ensure that no one else can use the Software.
You are taking responsibility for the actions of your family members and agree to indemnify the Licensor for any breaches of the terms of this licence agreement by you or your family members.
2. Payment
The licence fee payable is as set out on the Licensor’s website and is non refundable. If you are downloading the Software as a free trial then the licence fee becomes due and payable as set out on the Licensor’s website. You are responsible for the payment of any taxes which may be payable and are in addition to the licence fee.
3. Restrictions
You and your family members are not permitted to copy the Software otherwise than for use of the Software for normal operation in accordance with this licence agreement. You shall not (save as to the extent allowed by 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. You must ensure that the copyright notice of Licensor is duplicated as it appears in or on the Software on all authorised copies.
This licence agreement does not entitle you or your family members to use the Microsoft Windows version or any other version of the Software unless you have entered into a separate licence agreement for that version.
4. Disclaimer
The Software is provided on an “as is” basis and all warranties express or implied are excluded to the fullest extent permitted by law. The Licensor does not warrant that the Software will be error-free or that any such errors will be corrected and you are solely responsible for all costs and expenses associated with rectification, repair or damage caused by such errors. You acknowledge that the Licensor provides a free trial version of the Software for evaluation by you to see if the Software meets your requirements. The Licensor does not warrant that: (i) the Software will meet your requirements; (ii) your use of the software will be uninterrupted, timely, secure, or free from error; or (iii) any information obtained by you as a result of your use of the Software will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from the Licensor shall create any warranty not expressly stated in this licence agreement.
5. Limitation of Liability
EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM THE LICENSOR'S NEGLIGENCE, THE 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. 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 THAT THE LICENSOR INCURS ANY LIABILITY WHATSOEVER THEN SUCH LIABILITY IS LIMITED TO THE LICENCE FEE PAID BY YOU FOR THE SOFTWARE.
6. Updates and Defects
The Licensor grants you a licence of the Software in its current version only. New features are added at the sole discretion of the Licensor. While minor updates may be made available on the website free of charge, nothing in this licence agreement guarantees such updates the Licensor reserves the right to charge for major updates.
Nothing in this agreement constitutes a promise about future features or versions of the Software.
In the event that: (i) the Software does not comply with the express terms of this licence agreement; (ii) the usability of the Software is affected severely and sustainably; or (iii) any bug or severe anomaly could not be detected during the use of the free trial version then the Licensor may, at any time up to six months from the date of purchase, at its sole and absolute discretion either replace the Software free of charge to you or refund the purchase price.
You are responsible for checking that your operating system and any software that you use on that operating system will not affect the functionality of the Software.
While the Licensor and its staff will always do their best to assist, nothing in this licence agreement constitutes a promise of support.
7. General
The Licensor shall at all times remain the sole owner of all intellectual property and like proprietary rights subsisting in or used in connection with the Software or created by unlawful use of the Software. The respective author of text created using the Software shall be the owner of all intellectual property rights in that text.
The Software, including all components (sound and graphics), whether on disk, in read-only memory, or on any other media, and the related documentation are licensed to you by the Licensor. You own the disk on which the Software is recorded but the Licensor retains the title to the Software and related documentation.
The Licensor may terminate this licence agreement immediately at any time if you are in breach of any of the terms and conditions of this licence agreement. You may terminate this agreement at any time.
You shall destroy the Software and all upgrades or copies and any related materials in your/your family members’ possession promptly upon termination of this licence agreement or discontinuance of the licence granted for any reason whatsoever.
This agreement shall be construed in accordance with and governed by English law and subject to the non-exclusive jurisdiction of the English courts.