UK End User License Agreement

If you are outside the UK: please see the End User License Agreement

 

Please Read These License Terms Carefully

SmartVault is not intended for children under 13 years of age. No one under age 13 may use SmartVault. We do not knowingly collect personal information from children under 13. If you are under 13, do not use SmartVault or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: Privacy@GetBusy.com.

By using our Service, you confirm that you accept these License Terms and that you agree to comply with them.

If you do not agree to these License Terms, you must not use our site.

This licence agreement (Licence) is a legal agreement between you (Licensee, you or your) and SmartVault, the trading style of GetBusy UK Ltd of Unit G South Cambridge Business Park, Babraham Road, Sawston, Cambridgeshire, CB22 3JH (Licensor, us, we or our) for the installation of, access to, or use of SmartVault software or a SmartVault License key if applicable (individually and collectively the "Software") for use in conjunction with a SmartVault online service (the "Service").

We license use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times.

 

AGREED TERMS

1. Grant and Scope of License, Minor Changes, Updates and Upgrades

1.1 In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to access and use the Software in the UK on the terms of this Licence until terminated in accordance with this Licence.

1.2 You may install, access or use the Software as applicable for your own personal or internal business use purposes only, specifically excluding service-bureau use or use as an outsourcer or other third-party use, unless expressly specified by us otherwise.

1.3 We may update or require you to update the Software, provided that the Software shall always match the description of it that we provided to you at the time of first use.

1.4 You may not use the Software except in accordance with this Agreement, nor permit or assist others to do so.

2. Restrictions

Except as expressly set out in this Licence or as permitted by any local law, you undertake:

(a) not to copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software.;

(c) to comply with all applicable technology control or export laws and regulations.

3. Intellectual Property Rights

3.1 You acknowledge that all intellectual property rights in the Software throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of this Licence.

3.2 You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.

4. Warranty

4.1 The Licensor warrants to Licensee that we own the Software or is otherwise authorised to grant Licensee a License, and neither the Software nor its use, in and of themselves, will infringe any valid copyright or trade secret right, nor so far as SmartVault knows any valid patent right, of any third party. Your exclusive remedy for any breach of this infringement warranty shall be to invoke the provisions of the Infringement Indemnity section of this Agreement.

4.2 We do not Warrant that the Software will be error free, will meet Licensee's needs, or will operate without interruption.

4.3 We do not Warrant that the Software will perform as documented in cases of hardware malfunction, misuse of the Software, modification of the Software by any party other than SmartVault (the foregoing shall not be construed as granting Licensee the right to make or have made any such modification), use of the Software with other software, or bugs in other software with which the Software interacts.

4.4 On behalf of the Licensor and its suppliers, to the maximum extent permitted by law, We disclaim any and all other warranties, duties, conditions or representations (express or implied, oral or written), with respect to the Software or any part thereof, including without limitation any implied warranties, duties, conditions, or representations of title, non-infringement, quiet enjoyment, merchantability, fitness or suitability for any purpose (whether or not the Licensor or any of its suppliers know, have reason to know, have been advised, or are otherwise in fact aware of any such purpose), absence of viruses, results, workmanlike effort, or implied term of quality, whether alleged to arise by law, by reason of custom or usage in the trade, or by course of dealing.

4.6 The Licensor disclaims, for itself and its suppliers, any warranty, duty, condition, or representation to any person other than Licensee with respect to the Software.

5. Infringement Indemnity

5.1 Title to, and all Intellectual Property Rights in the Services remain the property of SmartVault (or its licensors).

5.2 Title to, and all Intellectual Property Rights in your data that you store within SmartVault remain Your property. However, your access to your data is contingent on full payment of the fees when due. You grant SmartVault a licence to use, copy, transmit, store, and back-up your information and data for the purposes of enabling you to access and use the Services and for any other purpose related to provision of services to you.

5.3 You must maintain copies of all the data inputted into the Service. SmartVault adheres to best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of Data. SmartVault expressly excludes liability for any loss of Data no matter how caused.

5.4 If you enable third-party applications for use in conjunction with the Services, you acknowledge that SmartVault may allow the providers of those third-party applications to access your data as required for the interoperation of such third-party applications with the Services. SmartVault shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by third-party application providers.

6. Termination

6.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

6.2 Upon termination for any reason:

(a) all rights granted to you under this Licence shall cease;

(b) you must cease all activities authorised by this Licence; and

(c) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

7. Communications Between Us

7.1 If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email to SmartVault at legal@getbusy.com. We will confirm receipt of this by contacting you in writing, normally by email.

7.2 If we have to contact you or give you notice in writing, we will do so by email to the email address you provide or confirm to us.

8. How We May Use Your Personal Information

8.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.smartvault.com/privacy-policy/ and it is important that you read that information.

9. Acceptable Use

9.1 You may use our site only for lawful purposes. You may not use our site:

(a) in any way that breaches any applicable local, national or international law or regulation.

(b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

(c) for the purpose of harming or attempting to harm minors in any way.

(d) to bully, insult, intimidate or humiliate any person.

(e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which can be found in Section 5 (RESTRICTION) of our Terms of Service.

(f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

(g) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

9.2 You also agree:

(a) not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these License Terms

(b) not to access without authority, interfere with, damage or disrupt:

(i) any part of our site;

(ii) any equipment or network on which our site is stored;

(iii) any software used in the provision of our site; or

(iv) any equipment or network or software owned or used by any third party.

10. Other Important Terms

10.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.

10.3 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

10.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.