IMPORTANT – READ CAREFULLY:
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Cloudfind Limited, The Tramshed, Beehive Yard, Bath, BA1 5BB (“Cloudfind”), that governs your use of the Cloudfind application (the “Software”), comprising web-based and downloadable components, and the Internet-based publishing and ordering services (the “Services”) available at the Cloudfind Website, https://cloudfind.com.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. THIS SOFTWARE IS PROVIDED FREE OF CHARGE.
1. GRANT OF LICENSE. Cloudfind grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. A limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software on your computer, phone or PDA for the sole purpose of personally using the Services provided by Cloudfind and any other applications that may be explicitly provided by Cloudfind.
1.2 License Grant for Documentation. Documentation that accompanies the Software (if any) is licensed for non-commercial reference purposes only.
2. RIGHTS AND LIMITATIONS.
2.1 You may not use any Cloudfind services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party’s use and enjoyment thereof. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
3.1 Cloudfind reserves all rights not expressly granted to you in this EULA. The Software is protected by UK copyright law and other intellectual property laws and treaties. Cloudfind owns the title, copyright, and other intellectual property rights in the Software.
3.2 THE SOFTWARE IS LICENSED TO YOU, NOT SOLD. This EULA does not grant you any rights to trademarks or service marks of Cloudfind.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not, modify, reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
7. LINKS TO THIRD PARTY SITES.
7.1 The Software may allow you to access third party websites (“Third Party Sites”). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by Cloudfind.
7.2 Your use of all content including but not limited to images and fonts obtained from Third Party Sites is subject to the limitations of copyright law and you may not utilize any content obtained from Third Party Sites without the express permission of the copyright owner. You hereby (a) represent and warrant that you have obtained the permission of the copyright owner with respect to each such image and (b) that you will indemnify and defend Cloudfind from and against any claims or lawsuits, including attorneys’ fees that arise or result from your use or distribution in any manner of images obtained from Third Party Sites.
7.3 Cloudfind is not responsible or liable for the contents of any Third Party Sites or services, any links contained in Third Party Sites or services, or any changes or updates to Third Party Sites or services. Cloudfind may provide these links and access to Third Party Sites and services only as a convenience to you and the inclusion of any link or access does not imply an endorsement by Cloudfind of the Third Party Sites or service.
7.4 YOUR USE OF THE THIRD PARTY SITES IS AT YOUR OWN RISK. Cloudfind MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
8. ADDITIONAL SOFTWARE/SERVICES.
8.1 This EULA applies to updates, supplements, add-on components, or Internet-based services components of the Software that Cloudfind may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms.
8.2 Cloudfind reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
9. EXPORT RESTRICTIONS. You agree to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, and destination restrictions issued by the UK and other governments.
10. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
11. TERMINATION. Without prejudice to any other rights, Cloudfind may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
12. LIMITED WARRANTY.
12.1 Where the Software is provided to you free of charge, it is provided “as is” with no warranties whatsoever and you acknowledge and agree that Cloudfind will have no liability in connection with or arising from your use of the Software. Your only right or remedy with respect to any problems or dissatisfaction with the Software is to immediately de-install and cease use of such Software.
12.2 Where you have paid for the premium or professional versions of the Software, Cloudfind warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt (the “Limited Warranty”).
13. YOUR EXCLUSIVE REMEDY. Cloudfind’s entire liability and your exclusive remedy for any breach of the Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Cloudfind’s option from time to time exercised subject to applicable law, repair or replacement of the Software that does not meet this Limited Warranty. You will receive replacement Software without charge, except that you are responsible for any expenses you may incur without prior agreement (in writing) of Cloudfind. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacements will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Cloudfind will use commercially reasonable efforts to provide replacements within a commercially reasonable time. To make a warranty claim hereunder, contact: Cloudfind Limited, Carpenter House, Bath. UK. BA1 1UD.
14. DISCLAIMER OF IMPLIED WARRANTIES.
14.1 The Limited Warranty that appears in Section 12.2 above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
14.2 EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Cloudfind PROVIDES THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Cloudfind, including any of its affiliates or suppliers, be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Cloudfind or any of its affiliates or suppliers, even if advised of the possibility of such damages.
16. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Cloudfind and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Cloudfind with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software, but shall in no event exceed the policy limit of Cloudfind’s insurance coverage for any such event. The foregoing limitations, exclusions and disclaimers (including Sections 12, 13, 14, 15 and 16) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
17. APPLICABLE LAW. This EULA shall be governed by and construed in accordance with the laws of England.
18. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Cloudfind relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Cloudfind policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.