ebookers Calendar - Terms and Conditions

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IMPORTANT NOTE

The Software, as defined below, is protected by copyright, which is vested in Halpern Cowan Ltd.

The Software may only be used in accordance with the terms and conditions set out in this document.

If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep or use the Software.

END USER LICENSE AGREEMENT

DEFINITIONS

The following definitions apply to the terms and conditions included in this Agreement.

Software

means the ebookers’ Desktop Calendar, all program and information files and other documentation which are part of the ebookers’ Desktop Calendar package “the Software”).

Licensor

means Halpern Cowan Ltd, with its registered number being 3891429 and its registered address at 172a Arlington Road, London, NW1 7HL , the creators of the Software and to whom the copyright in the Software belongs.

ebookers

means ebookers Limited, with its registered number being 03818962 and its registered address at Legal Department, Cendant EMEA, 11 th Floor, Landmark House, Hammersmith Bridge Road, London, W6 9EJ, for whom the Software was created.

Individual

means a particular person.

TERMS OF AGREEMENT

This is a legal agreement between you, the users, ebookers and the Licensor. By installing or using the Software, you agree to be bound by the terms of this licence agreement (“Agreement”). If you do not agree to those terms, you may not use or install the Software.

ebookers and the Licensor grant to you the non-exclusive right to use the Software. The Software is in 'use' on a computer when it is loaded into temporary memory (RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device). You may freely copy the Software, but only in its original distribution format with this Agreement and the privacy policy referred to below and without modification, for non-commercial purposes.

You may not sell, rent, lease or sublicense the Software.

By downloading, installing or using the Software you accept all risks and acknowledge that neither ebookers nor the Licensor can be held responsible for the installation download or operation of the software on your computer.

By downloading, installing or using the Software you also accept that the ebookers Calendar contains an alert notification system and that alerts will be sent directly to your desktop by ebookers.

ebookers and the Licensor will not be liable for any loss or damage which you may suffer as a result of or connected with the use of the Software.

You are advised to ensure that you take regular precautions to protect your computer from virus infection and to make backup copies of your data and applications before commencing installation of the Software.

All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remain vested in the Licensor.

You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works there from.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS". EBOOKERS AND THE LICENSOR DO NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.

EBOOKERS AND THE LICENSOR DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL EBOOKERS, THE LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy statement: ebookers and the Licensor strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users’ personal information, within the confines of the ebookers domain. The ebookers calendar privacy statement found at http://www.ebookerscalendar.com/privacy .aspx

is incorporated in this Agreement by reference.

Any variation to the terms of this Agreement shall only be valid if made in writing by ebookers and the Licensor.

You may terminate this Agreement at any time ebookers and/or Licensor may immediately terminate this Licence if you breach any representation, warranty, agreement or obligation contained in this Agreement. Upon termination by either party however, you must delete all copies of the Software.

Save for the owners of any intellectual property supplied by the Licensor, no third party shall acquire any rights under this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded.

ebookers is a registered trade mark of ebookers Limited.

Any and all disputes arising out of the rights and obligations in this Agreement shall be subject to English law and the exclusive jurisdiction of the English Courts.