1 What You Can Do Under This License
1.1 Subject to all the terms of this License, The Company grants you a limited, non-exclusive, personal, non-sublicensable, non assignable license to install and use “Luke” and any future fixes, updates and upgrades provided to you (collectively, the “Software”) on a personal computer.
1.2 Unless explicitly stated otherwise, any new features that augment or enhance the current Software, including the release of new properties shall be subject to terms of this License.
2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2.2 Harm minors in any way;
2.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
2.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
2.5 Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
2.6 Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
2.7 Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2.8 Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
2.9 Interfere with or disrupt the Software;
2.10 Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Software;
2.11 Monitor traffic or make search requests in order to accumulate information about individual users;
2.12 “Stalk” or otherwise harass another;
2.13 Modify, delete or damage any information contained on the personal computer of any use of “Luke” compatible software; or
2.14 Collect or store personal data about other users.
3.1 This License allows you to install and use the Software on a single computer. This License does not permit you to install the Software on more than one computer at a time. You may make copies of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.
3.2 Except as expressly permitted in this License, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network.
3.3 You may not sell, transfer or communicate the Software to any third party without the Company’s prior express written consent.
4.1 You are responsible for paying all applicable taxes and other costs you may incur in connection with your use of the Software including but not limited to all hardware and software costs and providing all equipment and software necessary to connect to our web site and to use the Software via the Internet and any royalties or other charges relating to the use of data owned by third parties.
4.2 The Company may from time to time present programming fixes, updates and upgrades to you, including version updates to the Software. You may accept or reject such programming fixes, updates and upgrades to you, including version updates at your sole discretion.
4.3 Installation. When you install the Software, files may be saved to your Download Folder and shared out to other users. You understand and agree that other users may download these files from your computer and by doing so your Internet connection will be used. If you do not want this to happen, you can delete any file or right click the file and select ‘Do Not Share This File’.
4.4 Download Folder. By saving a file in Download Folder, you understand that it will be available for any other user of “Luke” compatible programs. These users may find your files and subsequently download them from you. By doing so your Internet connection is being used. The Software provides options regarding sharing:
The “Luke” program is a “peer-to-peer” program; this means that it communicates with other peers (other “Luke” compatible programs). Other users may download files that you have stored in the Download Folder and other folders you have selected to be shared. Don’t share files which are confidential, such as financial information, or which you do not have the right to distribute.
While your instance of “Luke” is communicating with other peers it receives information of the status of interconnected peers, that information is stored on your computer.
5.1 It is your responsibility to ensure that you obtain all consents, authorisations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using the Software.
5.2 The Company will not be liable in any way:
5.2.1 for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software;
5.2.2 if you are exposed to data that is offensive, indecent or objectionable; or
5.2.3 for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the Software.
6.1 THE COMPANY RESPECTS COPYRIGHT AND OTHER LAWS. THE COMPANY REQUIRES ALL USERS OF THE SOFTWARE TO COMPLY WITH COPYRIGHT AND OTHER LAWS. THE COMPANY DOES NOT BY THE SUPPLY OF THE SOFTWARE AUTHORISE YOU TO INFRINGE THE COPYRIGHT OR OTHER RIGHTS OF THIRD PARTIES.
6.2 As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorised reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.
6.3 Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event a user fails to comply with laws regarding copyrights or other intellectual property rights and data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time.
7.1 The Software and plentyplenty.com may provide, or third parties may provide, links to World Wide Web sites or other Internet resources. Any third-party sites to which plentyplenty.com or the Software may link are not under control of The Company. The Company does not have any responsibility or liability for any information, data, communications or materials available on such third-party sites.
8.1 This License as well as all disputes arising out of or in connection with this License shall be governed by the laws of England & Wales, without regard to or application of choice of law rules or principles.
8.2 Any dispute arising out of or in connection with this License, or in future agreements resulting therefrom, shall be exclusively resolved before the competent court in England & Wales.
9.1 Recognising the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside.
10.1 YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY THE COMPANY, DUE TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE, YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THE LICENSE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
11.1 THE SOFTWARE IS PROVIDED “AS IS”, AND ON AN “AS AVAILABLE” BASIS AND THERE ARE NO CLAIMS, REPRESENTATIONS AND WARRANTIES MADE BY THE COMPANY, EITHER EXPRESS, IMPLIED OR STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW), WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
11.2 ANY DATA DOWNLOADED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
As some jurisdictions do not allow some of the exclusions set forth in this Section 11, some of these exclusions may not apply to you.
12.1 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM
12.1.1 THE USE OR THE INABILITY TO USE THE SOFTWARE;
12.1.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE SOFTWARE;
12.1.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
12.1.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SOFTWARE; OR
12.1.5 ANY OTHER MATTER RELATING TO THE USE OF THE SOFTWARE. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF THIRTY-FIVE U.S. DOLLARS ($35) OR THE AMOUNT YOU PAID FOR THE SOFTWARE, WHICHEVER IS LESS.
As some jurisdictions do not allow some of the limitations set forth in this Section 12 some of these limitations may not apply to you.
13.1 It is your responsibility to comply with the terms of this License and to obey the laws of your jurisdiction. Your rights under this License will terminate immediately and without prior notice if: you violate any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. You may be subject to legal action if you continue to use the Software in violation of this License.
14.1 The “Luke” name, the “Luke” logo, and other “Luke” related properties are trademarks of World Global Trade Inc.. All other trademarks appearing on the Software are trademarks of their respective owners.
15.1 All prices subject to change. For all prices, products and offers, The Company reserves the right to make adjustments due to changing market conditions, product discontinuation, errors in advertisements and other extenuating circumstances.
15.2 While The Company uses reasonable efforts to include accurate and up-to-date information on the plentyplenty.com site, the Company makes no warranties or representations as to the plentyplenty.com site’s accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content on the plentyplenty.com site.
15.3 Prices on plentyplenty.com (of which may change without notice) are applicable only for purchases online.
16.1 All customer support inquiries are handled through world wide web and e-mail communications by the Company. Customer support shall only be provided to registered users of the Software.
17.1 This License constitutes the entire understanding of you and The Company with respect to the Software and the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
17.2 The failure or delay of The Company to exercise or enforce any rights or provision of the License does not constitute a waiver of such right or provision.
17.3 All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this License, including without limitation all of your representations, warranties and indemnification obligations.
17.4 Should any part of this License be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.
17.5 You hereby agree that plentyplenty.com is a third party beneficiary with respect to this agreement and may enforce this agreement as if a direct party hereto.