End User License Agreement

Terms & Conditions

ITS LOLLY SOFTWARE END USER LICENSE AGREEMENT (EULA)

PLEASE READ THIS SOFTWARE END USER LICENSE AGREEMENT (EULA) CAREFULLY BEFORE USING SOFTWARE FROM ITS LOLLY LIMITED (‘THE COMPANY’).

BY USING THE COMPANY’S SOFTWARE, YOU (‘THE USER’) AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.

IF YOU (‘THE USER’) DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE SOFTWARE.

General Use

Under the terms of this License, The Company grants The User non-exclusive, non-transferrable, and time-limited rights to use the software, interfaces, content, fonts, documentation and any data, whether in read only memory, on any other media or in any other form.

The Company retains ownership of the software itself and reserve all rights not expressly granted to you. The Company, at its discretion, may make available future updates to the software on your system.

The User shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines. The Company shall not be liable for any loss or damage sustained or incurred by The User or any Third Party through loss or spoiling of data resulting from any maintenance activity required or performed by The Company under this Agreement. The Company will use reasonable endeavours to put right any such loss of data or programs, but reserves the right to charge for such.

The User remains fully responsible to keep the underlying operating system up-to-date and ensure adequate virus protection across all parts of the system, and keep the device safe from harmful software.

Any additional software which is downloaded by The User is installed on the device is used at The User’s own risk.

The Company collects information to provide its services to The User and to inform the development of new and improved products and services to meet customer needs. It also uses information about The User for security, identity verification and training, to communicate and comply with the law. Specifically, The Company and other Group Companies may use information to: manage account(s) with us or with other Group Companies; protect ourselves against harm to our rights and property interests; develop and improve our services through assessment and analysis of the information, market and product analysis, and market research. It will also prepare high-level anonymised statistical reports. The information is never personal and Users will never be identifiable from it. The Company may share these statistical and anonymised reports with third parties including non-group companies.

Permitted license users and restrictions

Each license allows you to use the software on the specific devices requested by the User at the point of purchase.

Each license associates The Company’s Software with a specific device. The license does not allow The Company’s Software to exist on more than one device, and The User may not make The Company’s Software available over a network where it could be used by multiple devices or multiple computers at the same time unless otherwise expressly agreed in writing by The Company.

This license does not grant The User any rights to use The Company’s proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with The Company’s software. Except as and only to the extent expressly permitted in this license or by applicable law, you may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, modify, or create derivative works of The Company’s Software, Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of The Company. If you breach this restriction, you may be subject to prosecution and damages.

Transfer

The User may not rent, lease, lend, redistribute or sublicense The Company’s Software or Software Updates.

Termination

This license is effective until terminated. The User’s rights under this license will terminate automatically without notice from The Company if you fail to comply with any term(s) of this license. Upon the termination of this license The User’s software will be restricted.

Limitation of liability

To the extent not prohibited by law, in no event will The Company be liable for personal injury, or any incidental, special indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use The Company’s Software and Software Updates however caused, regardless of the theory of liability (contract, tort or otherwise).

In no event shall The Company’s liability for all damages to The User exceed the amount of The User’s initial purchase price. Foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

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