We grant you a limited non-exclusive and non-transferable licence to use DOCOBO Products for so long as you comply with the terms of this EULA. The licence is personal to you as the end-user of DOCOBO Products and the licence granted herein is for your benefit only. We and our licensors retain all title, Intellectual Property Rights (as defined below) and interests in DOCOBO Products and all copies thereof.
The term “Intellectual Property Rights” means all present and future intellectual property rights anywhere in the world relating to any business and brand names, copyrights, database rights, patents, trade or service marks, designs, software, software programs and source code and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights, know-how, and all other similar or equivalent industrial, intellectual or commercial rights or property subsisting under the laws of each and every jurisdiction throughout the world whether registered or not, and whether vested, contingent or future, and all reversions, renewals and extensions of any of the foregoing, and all rights under licences, consents, orders, statutes or otherwise in relation to any of the foregoing, and any common law rights and all the goodwill associated with the intellectual property specified in this definition.
The Intellectual Property Rights in DOCOBO Products are protected by the United Kingdom Intellectual Property laws and international treaty provisions.
You may have installed, install and/or use the Software on one or more computers which are under your control. You make backup copies of the Software solely for backup purposes, provided that the original and each copy are kept in your possession and that your installation and use of the Software does not exceed that allowed by this EULA.
You agree not to:
- Sub-license, assign, rent, lease or transfer the licence or DOCOBO Products, or distribute copies of DOCOBO Products;
- Modify or adapt DOCOBO Products, create derivative works based upon DOCOBO Products, or copy the documentation accompanying the Software;
- Engage in or to permit the de-compilation, disassembly, or other reverse engineering of DOCOBO Products, or attempt to do so;
- Make copies of the Software except for backup purposes as permitted hereunder; and
- Import, export or re-export DOCOBO Products to any country in violation of all applicable import and export control laws.
You are granted a limited licence to use the Firmware embedded in DOCOBO Products in binary executable form in the normal operation of DOCOBO Products.
Titles to any Intellectual Property Rights that subsist in the Firmware remain with the ultimate owner of such rights under licence to DOCOBO. You acknowledge that the Firmware is protected under European and United States copyright law and international copyright treaties. You further acknowledge that the structures, organisation and code in the Firmware and Firmware in the source code are valuable trade secrets. You agree not to decompile, disassemble modify, reverse assemble, reverse engineer or reduce to human readable form the Firmware or any part thereof or create any derivative works based on the Firmware. You agree not to export or re-export the Firmware to any country in violation of the export control laws.
We do not warrant that the DOCOBO Products will meet your requirements or that the operation of the DOCOBO Products will be uninterrupted, without problems or error free. Except as expressly granted in this Agreement, each part or component of DOCOBO Products is provided on an “as is” basis.
We exclude and hereby expressly disclaim all express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a purpose, non-infringement, satisfactory quality, are hereby excluded to the extent permitted by the applicable law.
The entire risk arising out of use or performance of DOCOBO Products remains with you.
For these reasons, we strongly recommend that our products are NOT used for emergency or urgent care purposes. It is possible that a technical or human error could cause a delay in data being received.
You agree that aspects of DOCOBO Products and associated documentation, including the specific design and structure of the Software, Firmware, form part of our trade secrets and/or Intellectual Property protected material. You therefore agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party.
LIMITATION OF LIABILITY
- Docobo Limited’s liability to you for any losses, which may arise hereunder for any cause whatsoever and regardless of form of action, whether in contract or in tort, including negligence or otherwise, shall not exceed the amount you originally paid for DOCOBO Products.
- In no event shall DOCOBO be liable for any indirect, special, incidental or consequential losses or damages including pure economic loss, loss of profits (whether categorised as direct or indirect), losses arising from business interruption, loss of business, goodwill, savings, prospective business opportunities or anticipated savings, loss or corruption of data, arising out of the use of or inability to use DOCOBO Products or in connection with this EULA, whether in contract, tort (including negligence, misrepresentation or breach of statutory duty) or otherwise, even if Docobo Limited has been advised of the possibility of such damages.
- Nothing in this clause excludes or limits Docobo Limited’s liability to you in the event of death or personal injury caused solely by Docobo Limited’s own negligence.
This EULA and the licence hereby granted to you for the use of DOCOBO Products automatically terminates if you fail to comply with any provision of this EULA.
If any part of this EULA is found void or unenforceable, the other provisions of the EULA shall remain valid and enforceable according to its terms.
You have read and understand this EULA and agree that it constitutes the complete and exclusive statement of the agreement between us with respect to the subject matter of this EULA and supersedes all proposals, representations, understandings, discussions and prior agreements, whether oral or written, and all other communications between us relating to it.
GOVERNING LAW AND JURISDICTION
This EULA and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising about this EULA.
If you have any questions concerning this EULA or if you need to contact Docobo Limited about DOCOBO Products, then please refer to our website at www.docobo.co.uk or contact Docobo Limited, The Old Granary, 21 High Street, Bookham, Surrey, KT23 4AA.
Docobo Limited 2022. All Rights Reserved.
Docobo Limited has Intellectual Property Rights covering subject matter in this document. Under the copyright laws, this publication may not be reproduced, adapted or transmitted in any form, electronic or otherwise, including photocopying, recording, storing in an information retrieval system, or translating, in whole or in part, without the prior written consent of Docobo Limited.