END USER LICENCE AGREEMENT
Last updated August 30, 2023
PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE: -
The Difference Engine Librarian is licensed to You (End-User) by HEADSTOCK DISTRIBUTION LIMITED, located and registered at Steelpark Road, Coombs Wood West, Halesowen, West Midlands B62 8HD England ('Licensor'), for use only under the terms of this Licence Agreement.
By downloading the Licensed Application from this website, and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. referred to in this Licence Agreement as 'Services'.
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. HEADSTOCK DISTRIBUTION LIMITED, not the Services, is solely responsible for the Licensed Application and the content thereof.
The Difference Engine Librarian when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to you.
TABLE OF CONTENTS
5. USER-GENERATED CONTRIBUTIONS
13. THIRD-PARTY TERMS OF AGREEMENTS
AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
The
Difference Engine Librarian ('Licensed
Application') is a piece of software
created to facilitate
organisation and control of preset settings for the Laney Black Country Customs
The Difference Engine. ('Devices'). It is used to Organise and
change presets on the Laney Black Country Customs The
Difference Engine using a MIDI interface and installed
The Licensed Application is not tailored to
comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use this
Licensed Application. You may not use the Licensed Application in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
2.1 You are given a non-transferable,
non-exclusive,
non-sublicensable licence to install and use the Licensed Application
on any Devices that You (End-User) own or control and as permitted by the Usage
Rules, with the exception that such Licensed Application may be accessed and
used by other accounts associated with You (End-User, The Purchaser) via Family
Sharing or volume purchasing.
2.2 This licence will also govern any
updates of the
Licensed Application provided by Licensor that replace, repair, and/or
supplement the first Licensed Application, unless a
separate licence is provided for such update, in which case the terms
of that new licence will govern.
2.3 You may not share or make the Licensed
Application available to third parties (unless to the degree allowed by the
Usage Rules, and with HEADSTOCK DISTRIBUTION LIMITED's prior written
consent), sell, rent, lend, lease or otherwise redistribute the Licensed
Application.
2.4 You may not reverse engineer,
translate, disassemble,
integrate, decompile, remove, modify, combine, create derivative works or
updates of, adapt, or attempt to derive the source code of the Licensed
Application, or any part thereof (except with HEADSTOCK DISTRIBUTION
LIMITED's prior written consent).
2.5 You may not copy (excluding when
expressly authorised by this licence and the Usage Rules)
or alter the Licensed Application or portions thereof. You may create and store
copies only on devices that You own or control for backup keeping under the
terms of this licence, the Usage Rules, and any other terms and conditions
that apply to the device or software used. You may not remove any intellectual
property notices. You acknowledge that no unauthorised third parties
may gain access to these copies at any time. If you sell your Devices to a
third party, you must remove the Licensed Application from the Devices before
doing so.
2.6 Violations of the obligations
mentioned above, as well as the attempt
of such infringement, may be subject to prosecution, including, but not limited
to, claims for damages for breaches to the Licensor's intellectual property.
2.7 Licensor reserves the right to
modify the terms and conditions of
licensing.
2.8 Nothing in this licence should be
interpreted to restrict
third-party terms. When using the Licensed Application, You
must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a
firmware
version 0.0.1 or higher. Licensor recommends using the latest version
of the firmware.
3.2 Licensor attempts to keep the
Licensed Application updated so that
it complies with modified/new versions of the firmware and new hardware. You
are not granted rights to claim such an update.
3.3 You acknowledge that it is Your
responsibility to confirm and
determine that the app end-user device on which You intend to use the Licensed
Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to
modify the technical specifications
as it sees appropriate at any time.
4. MAINTENANCE AND
SUPPORT
4.1 The Licensor is solely responsible for
providing any maintenance and support services for this Licensed Application.
You can reach the Licensor at the email address listed in the Overview for
this Licensed Application.
4.2 HEADSTOCK DISTRIBUTION LIMITED and
the End-User acknowledge that
the Services have no obligation whatsoever to furnish any maintenance and
support services with respect to the Licensed Application.
5. USER-GENERATED
CONTRIBUTIONS
The Licensed Application does not offer
users to submit or
post content. We may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and
materials to us or in the Licensed Application, including but not limited to
text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, 'Contributions').
Contributions may be viewable by other users of the Licensed Application and
through third-party websites or applications. As such, any Contributions you
transmit may be treated in accordance with the Licensed Application Privacy
Policy. When you create or make available any Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission,
public display,
or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
2. You are the creator and owner of or have
the
necessary licences, rights, consents, releases, and permissions to use and
to authorise us, the Licensed Application, and other users of the
Licensed Application to use your Contributions in any manner contemplated by
the Licensed Application and this Licence Agreement.
3. You have the written consent, release,
and/or permission
of each and every identifiable individual person in your Contributions to use
the name or likeness or each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by
the Licensed Application and this Licence Agreement.
4. Your Contributions are not false,
inaccurate, or
misleading.
5. Your Contributions are not unsolicited
or unauthorised advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene,
libellous,
slanderous, or otherwise objectionable.
7. Your Contributions do not ridicule, mock,
disparage,
intimidate, or abuse anyone.
8. Your Contributions are not used to harass
or threaten (in
the legal sense of those terms) any other person and to promote violence
against a specific person or class of people.
9. Your Contributions do not violate any
applicable law,
regulation, or rule.
10. Your Contributions do not violate the
privacy or
publicity rights of any third party.
11. Your Contributions do not violate any
applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
12. Your Contributions do not include any
offensive comments
that are connected to race, national origin, gender, sexual preference, or
physical handicap.
13. Your Contributions do not otherwise
violate, or link to
material that violates, any provision of this Licence Agreement, or
any applicable law or regulation.
The Licensor is the be sole judge as to
whether a
contribution is to be removed, refused or deleted for
the reasons stated in Clauses 5(4) through 5(13). Any use of the Licensed Application
in violation of the foregoing violates this Licence Agreement and may
result in, among other things, termination or
suspension of your rights to use the Licensed Application.
6. CONTRIBUTION LICENCE
You agree that we may access, store,
process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback
regarding the
Licensed Application, you agree that we can use and share such feedback for any
purpose without compensation to you.
We do not assert any ownership over your
Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in the
Licensed Application. You are solely responsible for your Contributions to the
Licensed Application and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
7. LIABILITY
7.1 Licensor's responsibility in the
case of violation of obligations and
tort shall be limited to intent and gross negligence. Only in case of a breach
of essential contractual duties (cardinal obligations), Licensor shall also be
liable in case of slight negligence. In any case, liability shall be limited to
the foreseeable, contractually typical damages. The limitation mentioned above
does not apply to injuries to life, limb, or health.
7.2 Licensor takes no accountability or
responsibility for any damages
caused due to a breach of duties according to Section 2 of
this Licence Agreement. To avoid data loss, You
are required to make use of backup functions of the Licensed Application to the
extent allowed by applicable third-party terms and conditions of use. You are
aware that in case of alterations or manipulations of the Licensed Application,
You will not have access to the Licensed Application.
8. WARRANTY
8.1 Licensor warrants that the Licensed
Application is free of spyware,
trojan horses, viruses, or any other malware at the time of Your download.
Licensor warrants that the Licensed Application works as described in the user
documentation.
8.2 No warranty is provided for the
Licensed Application that is
not executable on the device, that has been unauthorisedly modified,
handled inappropriately or culpably, combined or installed with inappropriate
hardware or software, used with inappropriate accessories, regardless if by
Yourself or by third parties, or if there are any other reasons outside
of HEADSTOCK DISTRIBUTION LIMITED's sphere of influence that affect the
executability of the Licensed Application.
8.3 You are required to inspect the Licensed
Application immediately after installing it and notify HEADSTOCK
DISTRIBUTION LIMITED about issues discovered without delay by email
provided in Contact
Information. The defect report will be taken
into consideration and further investigated if it has been emailed within a
period 30 days after discovery.
8.4 If we confirm that the Licensed
Application is
defective, HEADSTOCK DISTRIBUTION LIMITED reserves a choice to remedy
the situation either by means of solving the defect or substitute delivery.
8.5 In
the event of any failure of the Licensed Application to conform to any
applicable warranty, You may notify the Services Store Operator, and Your
Licensed Application purchase price will be refunded to You. To the maximum
extent permitted by applicable law, the Services Store Operator will have no
other warranty obligation whatsoever with respect to the Licensed Application,
and any other losses, claims, damages, liabilities, expenses, and costs
attributable to any negligence to adhere to any warranty.
8.6 If
the user is an entrepreneur, any claim based on faults expires after a
statutory period of limitation amounting to twelve (12) months after the
Licensed Application was made available to the user. The statutory periods of
limitation given by law apply for users who are consumers.
HEADSTOCK DISTRIBUTION LIMITED and the
End-User acknowledge
that HEADSTOCK DISTRIBUTION LIMITED, and not the Services, is responsible
for addressing any claims of the End-User or any third party relating to the
Licensed Application or the End-User's possession and/or use of that Licensed
Application, including, but not limited to:
(i) product liability claims;
(ii)
any claim that the Licensed Application fails to conform to any applicable
legal or regulatory requirement; and
(iii)
claims arising under consumer protection, privacy, or similar legislation.
10. LEGAL COMPLIANCE
This Agreement is subject to the laws of
England and Wales.
You represent and warrant that You are not located in a country that is subject
to a UK Government embargo, or that has been designated by the UK Government as
a 'terrorist supporting' country; and that You are not listed on any
UK Government list of prohibited or restricted parties.
11. CONTACT INFORMATION
For
general inquiries, complaints, questions or claims
concerning the Licensed Application, please contact:
Support
Steel
Park Road
Coombs
Wood West
Halesowen, West
Midlands B62 8HD
England
12. TERMINATION
The licence is
valid until terminated by HEADSTOCK DISTRIBUTION LIMITED or by You.
Your rights under this licence will terminate automatically and
without notice from HEADSTOCK DISTRIBUTION LIMITED if You fail to adhere
to any term(s) of this licence. Upon Licence termination, You shall stop
all use of the Licensed Application, and
destroy all copies, full or partial, of the Licensed Application.
13. THIRD-PARTY TERMS OF AGREEMENTS
AND BENEFICIARY
HEADSTOCK DISTRIBUTION LIMITED represents
and warrants
that HEADSTOCK DISTRIBUTION LIMITED will comply with applicable
third-party terms of agreement when using Licensed Application.
In
Accordance with Section 9 of the 'Instructions for Minimum Terms of
Developer's End-User Licence Agreement', subsidiaries shall be third-party
beneficiaries of this End User Licence Agreement and upon Your
acceptance of the terms and conditions of
this Licence Agreement, will have the right (and will be deemed
to have accepted the right) to enforce this End
User Licence Agreement against You as a third-party beneficiary
thereof.
14. INTELLECTUAL PROPERTY RIGHTS
HEADSTOCK
DISTRIBUTION LIMITED and the End-User acknowledge that, in the event of
any third-party claim that the Licensed Application or the End-User's
possession and use of that Licensed Application infringes on the third party's
intellectual property rights, HEADSTOCK DISTRIBUTION LIMITED, and not the
Services, will be solely responsible for the investigation, defence,
settlement, and discharge or any such intellectual property infringement
claims.
This Licence Agreement
is governed by the laws of England and Wales, English law, excluding
its conflicts of law rules.
16.1 If
any of the terms of this agreement should be or become invalid, the validity of
the remaining provisions shall not be affected. Invalid terms will be replaced
by valid ones formulated in a way that will achieve the primary purpose.
16.2 Collateral
agreements, changes and amendments are only valid if laid down in writing. The
preceding clause can only be waived in writing.