The Virtual Coach Ltd ‘Virtual Coach’ License Agreement
Please read this Licence Agreement carefully before using the Virtual Coach software.
BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU MUST DECLINE TO USE THIS SOFTWARE. THE PURCHASE OF A LICENCE IS REQUIRED FOR USE OF THE SOFTWARE AND USE WITHOUT PURCHASE OF A LICENCE IS ILLEGAL. THE VIRTUAL COACH LTD WILL PROSECUTE WITHIN THE FULL MEANS OF THE LAW ANY BREACH OF THIS LICENCE AGREEMENT.
- “The software” means ANY Virtual Coach software published by The Virtual Coach Ltd.
- “Documentation” means any material supplied as part of the software or with the software or any other material supplied or owned by The Virtual Coach Ltd
- “You” means the end user of the software, having purchased a relevant software key or licence
- “Licence” means a licence of use granted at the discretion of The Virtual Coach Ltd
- “Commencement period” means the period for which you hold a valid licence starting with the date on which the licence was issued.
1. Grant of License for Registered Users Upon agreeing to these terms The Virtual Coach Ltd, publishers of this Software and Documentation, grants you a non-exclusive, non-transferable license to use the program with which this license is distributed ("Virtual Coach"), including any documentation files accompanying the Software, through an internet browser to support up to the number of simultaneous users for which you have paid the license fee, provided that: (i) the Software is NOT modified; (ii) all copyright notices are maintained on the Software; and (iii) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.
THE SOFTWARE MUST NOT BE USED FOR ANY COMMERCIAL ACTIVITY FOR WHICH A FINACIAL OR OTHER GAIN IS MADE WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE VIRTUAL COACH LTD
2. Ownership You have no ownership rights in the Software and Documentation. Rather, you have a license to use the Software and Documentation as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with The Virtual Coach Ltd. Any other use of the Software by any person, business, corporation, government organisation or any other entity is strictly forbidden and is a violation of this License Agreement.
Copyright © 2014 The Virtual Coach Ltd
The Software and Documentation contains material that is protected by Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by The Virtual Coach Ltd. You may not remove any proprietary notice of The Virtual Coach Ltd from any copy of the Software or Documentation.
(a) Ownership of copyright We own the copyright in: (i) this website; and (ii) the material on this website (including, without limitation, the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website).
(b) Copyright licence We grant to you a non-exclusive revocable licence to: (a) view this website and the material on this website on a computer or mobile device via a web browser;
(i) copy and store this website and the material on this website in your web browser cache memory; and (ii) print pages from this website for your own personal and non-commercial use.
We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.
(c) Data mining The automated and/or systematic collection of data from this website is prohibited.
(d) Permissions You may request permission to use the copyright materials on this website by writing to email@example.com
(e) Enforcement of copyright We take the protection of our copyright very seriously. If we discover that you have used our copyright materials in contravention of the licence above, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this by email to firstname.lastname@example.org
(f) Infringing material If you become aware of any material on our website that you believe infringes your or any other person's copyright, please report this by email to email@example.com
4. Restrictions You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or Documentation or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software and Documentation, nor shall you attempt to create the source code from the object code for the Software. You may not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials.
5. Confidentiality You acknowledge that the Software and Documentation contains proprietary trade secrets of The Virtual Coach Ltd and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software and Documentation, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software for the purpose of deriving the source code.
6. Limited Warranty The Virtual Coach Ltd warrants for a period of thirty (30) days after purchase that the software will operate substantially in accordance with the documentation. Should the software not so operate, your exclusive remedy, and The Virtual Coach Ltd’s sole obligation under this warranty, shall be, at The Virtual Coach Ltd’s sole discretion, correction of the defect or refund of the purchase price paid for the software. Any use by you of the software is at your own risk. This limited warranty is the only warranty provided by Virtual Coach Solutions ltd regarding the software. Except for the limited warranty above, the software is provided "as is." to the maximum extent permitted by law, The Virtual Coach Ltd disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The Virtual Coach Ltd does not warrant that the functions and information contained in the Software and Documentation will meet any requirements or needs you may have, or that the software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the software will be corrected, or that the software is compatible with any particular platform. Some jurisdictions do not allow the waiver or exclusion of implied warranties so they may not apply to you.
7. Limitation of Liability In no event will The Virtual Coach Ltd be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the software, or for any claim by any other party, even if The Virtual Coach Ltd has been advised of the possibility of such damages. The Virtual Coach Ltd aggregate liability with respect to its obligations under this agreement or otherwise with respect to the software and documentation or otherwise shall not exceed the amount of the license fee paid by you for the software and documentation.
8. Export Restrictions This license agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United Kingdom of the software or information about such software which may be imposed from time to time by the government of the United Kingdom. You shall not export the software, documentation, or information about the software and documentation without consent of The Virtual Coach Ltd and compliance with such laws, regulations, orders, or other restrictions.
9. Service charge You agree to pay such charges as The Virtual Coach Ltd deems fit to impose as a service charge for the provision of the Software and Documentation. The total sum of this amount will be clearly stated to you before the commencement period and may be paid in a single payment at the beginning of the commencement period or on a monthly basis at the discretion of The Virtual Coach Ltd. A licence to the software and documentation will be granted upon payment of the service charge or upon the acceptance of monthly payment agreement between you and The Virtual Coach Ltd. Any payment made for the purposes of a service charge is non-refundable. If monthly payment is being made the full amount is payable at any time upon request from The Virtual Coach Ltd and may not be discounted if service is terminated before the end of the commencement period. If such is the case and this agreement is terminated before the full service charge has been paid by you to The Virtual Coach Ltd the full amount of service charge is payable as if it were paid in full at the beginning of the commencement period immediately.
10. Termination This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by returning to The Virtual Coach Ltd all copies of the Software and Documentation in your possession or under your control. If you decide to terminate this agreement you will be liable for any service charge outstanding in respect of a commencement period.
The Virtual Coach Ltd may terminate this License Agreement for any reason, including, but not limited to, if The Virtual Coach Ltd finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to The Virtual Coach Ltd all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement. If The Virtual Coach Ltd decide to terminate this agreement due to the above you will be liable for any service charge outstanding in respect of a commencement period.
11. Renewal Your licence to this service will automatically renew at the end of each twelve (12) month period. If you do not wish to renew at the end of this period you will need to inform The Virtual Coach Ltd of such at least 30 days before the end of your subscription period. Failure to do so will result in an automated renewal and you will be liable for payment of a service charge to cover the next commencement period of twelve (12) months.
12. Disclaimer The information and material included in this software by no means conveys legal advice or gives specific requirements. Any action taken by you or any other party in light of information provided in this software or by The Virtual Coach Ltd is entirely at your discretion and The Virtual Coach Ltd accepts no responsibility for any loss or damage liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of the software.
13. General This License Agreement shall be construed, interpreted and governed by the laws of the United Kingdom without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in the United Kingdom. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.