Terms & Conditions

PLEASE READ CAREFULLY BEFORE STREAMING THE SOFTWARE FROM THIS WEBSITE.

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Olive Business Solutions Limited of Olive House Mercury Park Wooburn Green High Wycombe Buckinghamshire England HP10 0HH (Licensor, us or we) for:

  • [NAME OF SOFTWARE/PORTAL] software and any associated media if applicable] (Software);
  • We licence the use of the Software to you on the basis of this EULA. We do not sell the Software to you. We remain the owners of the Software at all times.

Operating system requirements This Software requires an internet access and the [TYPE OF OPERATING SYSTEM] operating system [VERSION OF OPERATING SYSTEM].

Important notice:

  • By streaming the Software from this website or clicking on the "Accept" button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the Privacy Policy defined in condition 1.5 and limitations on liability in condition 7.
  • If you do not agree to the terms of this licence, we will not license the Software to you and you must stop the streaming process now. In this case the streaming process will terminate.

You should print a copy of this EULA for future reference.

AGREED TERMS

  1. Acknowledgements
    1. The terms of this EULA apply to the Software or any of the services accessible through the Software (Services), including any updates or supplements to the Software or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Software or any Service, the terms of an open-source licence may override some of the terms of this EULA.
    2. We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
    3. From time to time updates to the Software may be issued. Depending on the update, you may not be able to use the Services until you have streamed the latest version of the Software and accepted any new terms.
    4. The terms of our privacy policy from time to time, available at http://www.olive.co.uk/privacy-policy/ (Privacy Policy) are incorporated into this EULA by reference and apply to those Services that are not specified in condition 1.6 as having separate privacy policies. Additionally, by using the Software or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Software or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    5. By using the Software or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
    6. The Software or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
    7. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
  2. Grant and scope of licence
    1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the Software, subject to these terms, and the Privacy Policy, incorporated into this EULA by reference or accepted otherwise by you by clicking an appropriate check-box. We reserve all other rights.
    2. You may stream a copy of the Software if you are authorised to do so under a Software as a Service agreement or as an Authorised User under such an agreement.
  3. Licence restrictions
    1. Except as expressly set out in this EULA or as permitted by any local law, you agree:
      1. not to copy the Software or Documents; not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documents;
      2. not to make alterations to, or modifications of, the whole or any part of the Software, or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
      3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
        1. is used only for the purpose of achieving inter-operability of the Software with another software program;
        2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        3. is not used to create any software that is substantially similar to the Software;
      4. to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
      5. to include our copyright notice on all entire and partial copies you make of the Software on any medium;
      6. not to provide or otherwise make available the Software in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
      7. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Software or any Service (Technology), together Licence Restrictions.
  4. Acceptable use restrictions
    1. You must:
      1. not use the Software or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software, any Service or any operating system;
      2. not infringe our intellectual property rights or those of any third party in relation to your use of the Software or any Service including the submission of any material (to the extent that such use is not licensed by this EULA);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or any Service;
      4. not use the Software or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  5. Intellectual property rights
    1. You acknowledge that all intellectual property rights in the Software, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
    2. You acknowledge that you have no right to have access to the Software in source-code form.
  6. Limited warranty and limitation of liability
    1. THE SERVICES WILL BE PROVIDED IN A GOOD AND SKILLFUL MANNER. EXCEPT AS EXPRESSLY STATED IN THE PRECEDING SENTENCES OF THIS PARAGRAPH, OLIVE, (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS (COLLECTIVELY, THE "OLIVE PARTIES") MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT; (2) RELATING TO THIRD-PARTY PRODUCTS, SOFTWARE, OR SERVICES; (3) RELATING TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE, OR OLIVE'S PERFORMANCE OF THE SERVICES; OR (4) REGARDING THE RESULTS TO BE OBTAINED FROM THE SOFTWARE, SERVICES, OR THE RESULTS OF ANY RECOMMENDATION BY OLIVE.
    2. WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, MISUSE, PROBLEMS WITH ELECTRICAL POWER, SERVICE NOT PERFORMED OR AUTHORISED BY OLIVE (INCLUDING INSTALLATION OR DE-INSTALLATION), USAGE NOT IN ACCORDANCE WITH PRODUCT OR SOFTWARE INSTRUCTIONS, NORMAL WEAR AND TEAR, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE PRODUCTS, SOFTWARE, OR SERVICES. THESE WARRANTIES DO NOT APPLY TO THIRD-PARTY PRODUCTS. ANY WARRANTY ON A THIRD-PARTY PRODUCT IS PROVIDED BY THE PUBLISHER, PROVIDER, OR ORIGINAL MANUFACTURER. ALL THIRD-PARTY PRODUCTS ARE PROVIDED "AS IS."
    3. WITH RESPECT TO YOUR USE OF THE SOFTWARE (1) NEITHER OLIVE NOR ANY OF THE OLIVE PARTIES MAKES ANY EXPRESS OR IMPLIED WARRANTY THAT SOFTWARE PROVIDED TO YOU IN CONNECTION WITH THIS AGREEMENT IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (2) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF OLIVE'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (3) OLIVE AND THE OLIVE PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY REPORTS, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SOFTWARE; AND (4) USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK AND NEITHER OLIVE NOR THE OLIVE PARTIES SHALL HAVE ANY LIABILITY RELATING TO SUCH USE.
    4. OLIVE WILL NOT BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY, CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES OR LOSS OR CORRUPTION FO DATA OR INFORMATION, OR PURE ECONOMIC LOSS, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES HOWEVER ARISING UNDER THIS AGREEMENT.
    5. ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED FROM THIS AGREEMENT AND THE SERVICES AND DOCUMENTATION ARE PROVIDED TO THE CUSTOMER ON AN 'AS IS' BASIS.
    6. NOTHING IN THIS AGREEMENT EXCLUDES THE LIABILITY OF OLIVE:
      1. FOR DEATH OR PERSONAL INJURY CUASED BY OLIVE'S NEGLIGENCE; OR
      2. FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR
      3. FOR ANY OTHER LIABILITY IT IS UNLAWFUL TO EXCLUDE OR LIMIT.
    7. OLIVE'S TOTAL LIABILITY IN CONTRACT (INCLUDING IN RESPECT OF ANY INDEMNITY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY CUSTOMER DURING THE PRIOR 12 MONTHS OF THIS AGREEMENT FOR THE SPECIFIC SOFTWARE OR SERVICE GIVING RISE TO SUCH CLAIM(S).
  7. Termination
    1. We may terminate this EULA immediately by written notice to you:
      1. 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; and
      2. immediately if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
    2. On termination for any reason:
      1. all rights granted to you under this EULA shall cease; and
      2. you must immediately cease all activities authorised by this EULA, including your use of any Services.
  8. Communication between us
    1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Olive Business Solutions Limited at Olive House Mercury Park Wooburn Green High Wycombe Buckinghamshire England HP10 0HH. We will confirm receipt of this by contacting you in writing, normally by e-mail.
    2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the Software.
  9. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
      1. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
  10. Other important terms
    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.
    2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
    3. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    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.
    5. Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.