Mobile Sentry Software Licence

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE:

BY PROCEEDING TO DOWNLOAD ANY SOFTWARE FROM THIS WEBSITE YOUR RIGHT TO CANCEL YOUR ORDER WILL END AND YOU ALSO AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE THE DOWNLOADING PROCESS NOW. IN THIS CASE THE DOWNLOADING PROCESS WILL STOP.

1 Grant and Scope of Licence

1.1 In consideration of your purchase of the Mobile Sentry application (Software) and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Software and electronic documentation in respect of the Software (Documentation) in the UK on the terms of this Licence.

1.2 You may:

1.2.1 download, install and use the Software for your private or internal business purposes only either (as agreed between the parties) on one mobile device if you have purchased a single-user Licence, or if the Licence is a multi-user licence, by the number of mobile devices you have registered and paid for on our site;

1.2.2 receive and use any free supplementary software code incorporating "patches" and corrections of errors as we may provide from time to time;

1.2.3 use any Documentation in support of the use permitted under condition 1.1 of this Licence.

2 Licensee's Undertakings

2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:

2.1.1 not to copy the Software or Documentation except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;

2.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation;

2.1.3 not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;

2.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program;

2.1.5 to include our copyright notice on all entire and partial copies you make of the Software on any medium;

2.1.6 not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than the persons who will be using the mobile device on which the Software is installed without our prior written consent;

2.1.7 not to use the Software via any communications network or by means of remote access.

3 Intellectual Property Rights

3.1 You acknowledge that all intellectual property rights in the Software and the Documentation anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence.

3.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.

3.3 [The integrity of this Software is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in our Software are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.]

4 Software Performance

4.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements and in particular that it is compatible with the mobile device on which you wish to use the Software.

4.2 You acknowledge that the Software may not be free of bugs or errors, and agree that the existence of minor errors shall not constitute a breach of this Licence. You also acknowledge operation of the Software and the remote control panel is dependant upon your mobile device network connection and/or ISP and/or broadband connection and as such, we accept no liability for such third party services or for failure of our service due to the failure of such third party service.

4.3 The safety of the person who will be using the mobile device on which the Software has been installed is solely your responsibility and the Software is only meant to be a facility to aid you in this case. We do not warrant that the Software will ensure the safety of the person who will be using the mobile device on which the Software is installed. Furthermore, it is your responsibility not to reveal any passwords which have been set in order to control the user interface of the Software and it is your responsibility to demonstrate the proper use and functions of the Software to the person who will be using the mobile device on which the Software is installed.

5 Law and Jurisdiction

The terms of this Licence will be governed by English law. Any dispute arising from, or related to, this Licence shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.