Stagetext+ End User Licence Agreement (EULA)
Before installing or using Stagetext+ (the Software), you should carefully read the terms and conditions of this EULA.
This EULA is a legal agreement between you (Licensee or you) and Stagetext, a private limited company by guarantee incorporated and registered in England and Wales with company number 03995686 and a registered charity (number 1102307), whose registered office is at Mercury Theatre, Balkerne Gate, Colchester, CO1 1PT (Stagetext, us or we).
Under this EULA, Stagetext licences you to install and use the Software on the terms set out below. Stagetext does not sell the Software to you and Stagetext remains the owner of the Software and all intellectual property rights and other proprietary rights in the Software at all times.
By installing or using the Software, you are agreeing to be legally bound by the terms of this EULA. If you do not agree to the terms of this EULA you are not permitted to install or use the Software.
You should print a copy of this EULA for future reference.
Note: The Software may be installed by anyone; however, its functionality is accessible only to individuals with a valid license key issued by Stagetext. A license key is personal to the individual and may not be shared or transferred.
1. GRANT AND SCOPE OF LICENCE
1.1. In consideration of you agreeing to abide by the terms of this EULA, we grant to you a non-exclusive, non-transferable, limited licence, without the right to grant sub-licences, to use the Software for the sole purpose of providing text-based access services on the terms of this EULA.
2.1. Except as expressly set out in this EULA or as permitted by any local law, you undertake that you will not at any time:
2.1.1. modify, adapt, translate, decompile, reverse compile, disassemble, reverse engineer, create derivative works from or otherwise reduce to human-perceivable form all or any part of the Software;
2.1.2. rent, lease, lend, sell, sublicense, distribute, or otherwise transfer your license key or allow any third party to use your license key;
2.1.3. access all or any part of the Software in order to build a product or service which competes with the Software;
2.1.4. attempt to obtain, or assist third parties in obtaining, access to the Software;
2.1.5. introduce, or permit the introduction of, any virus into Stagetext's network and information systems;
2.1.6. remove any proprietary notices or labels from the Software; and
2.1.7. use the Software for any illegal, unauthorised or unethical purpose.
2.2. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Software and, in the event of any such unauthorised access or use, you shall promptly notify Stagetext.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. You acknowledge that all intellectual property rights in the Software anywhere in the world belong to Stagetext, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use it in accordance with the terms of this EULA.
4.1. Use of the Software requires a valid license key provided by Stagetext. Any individual may install the Software; however, access to its functionality is restricted to users with a valid license key.
4.2. Each license key is issued to a specific individual and grants access for a term specified at the time of issuance. You shall keep your license key confidential and shall not share it with any third party.
4.3. The license key may be used on multiple devices at any location, provided that it is only used by the individual to whom the key is issued. Sharing, transferring, or allowing others to use your license key is strictly prohibited.
5. DISCLAIMER OF WARRANTIES
5.1. The Software is provided on an “as is” basis, without warranty of any kind (either express or implied).
5.2. Stagetext does not warrant that the Software will be error-free, uninterrupted or secure.
6. LIMITATION OF LIABILITY
6.1. 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 meet your requirements.
6.2. We only supply the Software for your use to provide text-based access services and you agree not to use the Software for any re-sale or other purposes.
6.3. Nothing in this EULA shall limit or exclude our liability for:
6.3.1. death or personal injury resulting from our negligence;
6.3.2. fraud or fraudulent misrepresentation; or
6.3.3. any other liability that cannot be excluded or limited by English law.
6.4. Subject to paragraph 6.3 above, we shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the EULA for:
6.4.1. loss of profits, sales, business, or revenue;
6.4.2. business interruption;
6.4.3. loss of anticipated savings;
6.4.4. wasted expenditure;
6.4.5. loss or corruption of data or information;
6.4.6. loss of business opportunity, goodwill or reputation;
where any of the losses set out at paragraphs 6.4.1 to 6.4.6 are direct or indirect; or
6.4.7. any special, indirect, incidental or consequential loss, damage, charges or expenses.
6.5. Stagetext shall have no responsibility for and no liability to you or any other party regarding any information or data produced by third parties (including third party data providers) that Stagetext might share through the Software.
6.6. This EULA sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this EULA, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this EULA whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
7.1. We may terminate this EULA immediately by written notice to you:
7.1.1. at any time; or
7.1.2. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
7.2. On termination of this EULA for any reason:
7.2.1. all rights granted to you under this EULA shall cease;
7.2.2. you must immediately cease all activities authorised by this EULA (including use of the Software) and
7.2.3. you must immediately and permanently delete and destroy all copies of the Software in your possession, custody or control.
8.1. We may update the terms of this EULA at any time on notice to you in accordance with this paragraph 8. Your continued use of the Software following the deemed receipt and service of the notice under this paragraph 8 shall constitute your acceptance to the terms of this EULA, as varied. If you do not wish to accept the terms of the EULA (as varied) you must immediately stop using the Software on the deemed receipt and service of the notice.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the Software and the Documents and for what purposes and those individuals’ rights in relation to their personal data and how to exercise them. This information is provided in our Privacy Notice at https://www.stagetext.org/privacy-policy/ and it is important that you read that information.
10. OTHER IMPORTANT TERMS
10.1. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. You may only transfer your rights or your obligations under this EULA to another person if we agree in writing.
10.2. This EULA and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to its subject matter.
10.3. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
10.4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.5. This EULA, its subject matter and its formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. We both irrevocably agree that any dispute arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you have any questions about this EULA, please contact Stagetext at [email protected].