PLEASE READ THIS CAREFULLY BEFORE USING THE CONTENTS OF THIS WEBSITE
AT THE END OF THIS PAGE YOU WILL BE ASKED TO ACCEPT or DECLINE THESE TERMS AND CONDITIONS
A: PROPERTY OF LICENSOR
YOU MAY OBTAIN A COPY OF THIS SOFTWARE PRODUCT BY DOWNLOADING IT REMOTELY FROM OUR SERVER OR BY COPYING IT FROM AN AUTHORISED DVD, CD-ROM OR OTHER MEDIA (“HARD MEDIA”). THE COPYRIGHTS, DATABASE RIGHTS AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAMS AND DATA WHICH CONSTITUTE THIS SOFTWARE PRODUCT ('THE MATERIALS'), TOGETHER WITH THE HARD MEDIA ON WHICH THEY WERE SUPPLIED TO YOU, ARE AND REMAIN THE PROPERTY OF THE LICENSOR ('THE LICENSOR'). YOU ARE LICENSED TO USE THEM ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW.
B: LICENCE ACCEPTANCE PROCEDURE
BY CLICKING ON THE TWO ACCEPTANCE BUTTONS WHICH FOLLOW THIS LICENCE AGREEMENT (MARKED 'DO YOU ACCEPT THESE TERMS AND CONDITIONS?' AND 'ARE YOU SURE THAT YOU WISH TO ACCEPT THESE TERMS AND CONDITIONS?'), YOU INDICATE ACCEPTANCE OF THIS LICENCE AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS LICENCE AGREEMENT. SUCH ACCEPTANCE IS ON YOUR OWN BEHALF. IN THIS LICENCE AGREEMENT, 'YOU' MEANS THE READER IN HIS OR HER INDIVIDUAL CAPACITY.
C: LICENCE REJECTION PROCEDURE
YOU SHOULD THEREFORE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE CLICKING ON THE TWO ACCEPTANCE BUTTONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE 'REJECT' BUTTON AND DELETE THE MATERIALS FROM YOUR COMPUTER AND PROMPTLY (AND IN ANY EVENT, WITHIN 14 DAYS OF RECEIPT) RETURN TO THE LICENSOR OR LICENCED RESELLER (A) THE DVD OR OTHER MEDIA; (B) ANY OTHER ITEMS PROVIDED THAT ARE PART OF THIS PRODUCT; AND (C) YOUR DATED PROOF OF PURCHASE . ANY MONEY THAT YOU PAID TO THE LICENSOR OR A LICENSED RESELLER FOR THE MATERIALS WILL BE REFUNDED, ALONG WITH ALL COSTS OF POSTAGE AND PACKING.
D: OTHER AGREEMENTS
IF YOUR USE OF THESE PROGRAMS AND DATA IS PURSUANT TO AN EXECUTED LICENCE AGREEMENT, SUCH AGREEMENT SHALL APPLY INSTEAD OF THE FOLLOWING TERMS AND CONDITIONS.
LICENCE AGREEMENT AND LIMITED WARRANTY
1 Ownership of materials and copies
The Materials and related documentation, including information concerning ingredients to be used in and instructions for cooking food for human consumption (“Recipe”), are copyrighted works of authorship, and are also protected under applicable database laws. The Licensor retains ownership of the Materials and all subsequent modifications to, improvements of and copies of the Materials, regardless of the form in which the copies may exist. This licence is not a sale of the original Materials or any copies.
2 Licence
2.1 Provided that you have paid the applicable licence fee, the Licensor grants to you a limited, non-exclusive licence to:
2.1.1 use and copy the Materials for use on any computer system owned, leased and/or controlled by you;
2.1.2 make copies of the Materials for back-up, archival or other security purposes; and
2.1.3 make one printed copy of any Recipe for your own use in accordance with these terms and conditions.
2.2 You are not granted a licence to use the source code of the Materials.
2.3 The term of the licence shall expire on the earlier of either the occurrence of any of the events referred to in clause 12 or when you have gained full access to the Recipe or Recipes for which you have paid the applicable licence fee in accordance with clause 6.
3 Licence restrictions
3.1 You may not use, copy, modify or transfer the Materials (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence. If you transfer possession of any copy of the Materials to another party except as provided above, your licence is automatically terminated. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Materials, except as expressly permitted by the law of this Agreement. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Materials.
3.2 The licence shall not be deemed to extend to any programs, data or other materials of the Licensor other than the Materials unless explicitly agreed to in writing by the Licensor.
4 No transfer
The Materials are licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Materials, on a temporary or permanent basis, without the prior written consent of the Licensor.
5 Undertakings
You undertake to:
5.1 ensure that, prior to use of the Materials by your agents, all such parties are notified of this licence and the terms of this Agreement;
5.2 reproduce and include our copyright notice (or such other party's copyright notice as specified on the Materials) on all and any copies of the Materials, including any partial copies of the Materials;
5.3 hold all Recipes, drawings, specifications, data (including object codes), software listings and all other information relating to the Materials confidential and not at any time, during this licence or after its expiry, disclose the same, whether directly or indirectly, to any third party without the Licensor's consent.
6 Payment
6.1 You will pay or cause to be paid the applicable licence fee and any VAT on the applicable licence fee to the Licensor or a licensed reseller in full by electronic transfer prior to gaining access to any Recipe by use of the Materials in accordance with these terms and conditions.
6.2 The applicable licence fee is set out in the Licensor’s price list published from time to time and forming part of the Materials.
7 Limited warranty
7.1 Subject to the limitations and exclusions of liability below, the Licensor warrants that the Materials furnished will be free from material defects under normal use.
7.2 The Licensor will also indemnify you for personal injury or death solely and directly caused by any defect in its products or the negligence of its employees.
7.3 The Licensor shall not be liable under the said warranty above if the Materials fail to operate in accordance with the said warranty as a result of any modification, variation or addition to the Materials not performed by the Licensor or caused by any abuse, corruption or incorrect use of the Materials, including use of the Materials with equipment or other software which is incompatible.
8 No other warranties
The foregoing warranty is made in lieu of any other warranties, representations or guarantees of any kind, expressed or implied, including, but not limited to, any implied warranties of quality, merchantability, fitness for a particular purpose or ability to achieve a particular result. You assume the entire risk as to the quality and performance of the Materials. Should the Materials prove defective, you (and not the Licensor nor any licensed resellers) assume the entire cost of all necessary servicing, repair or correction. The Licensor does not warrant that the Materials will meet your requirements or that its operation will be uninterrupted or error free.
9 Limitation of liability
The Licensor's entire liability and your exclusive remedy shall be the replacement of any Materials not meeting the Licensor's 'Limited Warranty' of which you have promptly notified the Licensor together with dated proof of payment of the applicable licence fee.
10 Exclusion of liability
Except in respect of personal injury or death caused directly by the negligence of the Licensor, in no event will the Licensor be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Materials, even if the Licensor has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.
11 Your statutory rights
This licence gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (a purchaser for private as opposed to business, academic or government use) are not affected.
12 Term
The licence is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies in any form. It will also terminate upon conditions set out elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement or if you voluntarily return the Materials to us. You agree upon such termination to destroy the Materials together with all copies in any form.
13 Export
You will comply with all applicable laws, rules, and regulations governing export of goods and information, including the laws of the countries in which the Materials were created. In particular, you will not export or re-export, directly or indirectly, separately or as a part of a system, the Materials or other information relating thereto to any country for which an export licence or other approval is required, without first obtaining such licence or other approval.
14 General
14.1 You agree that the Licensor shall have the right, after supplying undertakings as to confidentiality, to audit any computer system on which the Materials are installed in order to verify compliance with this software licence.
14.2 The Licensor undertakes to comply with the provisions of the Data Protection Act 1998 and any related legislation in so far as the same relates to the provisions and obligations of this Agreement
14.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this Agreement and the place of performance of this Agreement shall be England and that the laws of that country shall govern such controversy or claim.
14.3 This Agreement constitutes the complete and exclusive statement of the Agreement between the Licensor and you with respect to the subject matter of this Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
14.4 Any clause in this Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Agreement shall not be affected by that deletion.
14.5 Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice that party's right to take subsequent action.
14.6 This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without the Licensor's prior written consent.
Should you have any questions concerning this Agreement you may contact support by emailing registration@icookathome.com
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