Licence Terms

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ORDERING ANY AUDIO TOURS FROM THIS WEBSITE:

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Digital Downloads Limited (trading as Walk Talk Tours) whose registered office is at 48 South Street, Alderley Edge, Cheshire SK9 7ES (Licensor or we) for this audio tour(s) software product (Audio Tour) and tour plan(s) (Tour Plan)

BY CLICKING ON THE "BUY NOW" BUTTON YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, YOU MUST DISCONTINUE THE ORDERING PROCESS NOW.  IN THIS CASE THE ORDERING PROCESS WILL TERMINATE

GRANT AND SCOPE OF LICENCE

1. In consideration of payment by you of the agreed licence fee and you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Audio Tour and Tour Plan on the terms of this Licence.
2. You may:
   1. download, install and use the Audio Tour for your private purposes only either :
      1. on up to two MP3 players (in the case of a standard licence) provided that such use is simultaneous; or
      2. on as many MP3 players as you have paid for (in the case of a Groups and Schools Licence) provided that such use is simultaneous;
   2. make one copy of the Audio Tour for back-up purposes only, provided that it is only stored on the computer to which the Audio Tour was originally downloaded;

LICENCEE'S UNDERTAKINGS

3. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
   1. not to copy the Audio Tour or Tour Plan except where such copying is allowed by the terms of this licence;
   2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Audio Tour;
   3. not to make alterations to, or modifications of, the whole or any part of the Audio Tour;
   4. not to use the Audio Tour other than using a personal device which is or which incorporates an MP3 player;
   5. not to use the Audio Tour for any commercial purposes.

INTELLECTUAL PROPERTY RIGHTS

4. You acknowledge that all intellectual property rights in the Audio Tour and the Tour Plan anywhere in the world belong to the Licensor, that rights in the Audio Tour are licensed (not sold) to you, and that you have no rights in, or to, the Audio Tour or the Tour Plan other than the right to use them in accordance with the terms of this Licence.

WARRANTY

5. You acknowledge that the Audio Tour 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 Audio Tour meet your requirements.
   
6. You acknowledge that whilst we and our agents have taken reasonable precautions to ensure otherwise the Audio Tour may not be free of bugs or errors, viruses, Trojan horses or other harmful mechanisms may not be a fully comprehensive guide and may contain factual inaccuracies or expressions of personal opinion with which you do not agree.

LICENSOR'S LIABILITY.

7. Nothing in this Licence shall exclude or in any way limit the Licensor's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.
   
8. Subject to condition 7 the Licensor shall not be liable under, or in connection with, this Licence or any collateral contract for:
   1. loss of income;
   2. loss of business profits or contracts;
   3. business interruption;
   4. loss of the use of money or anticipated savings;
   5. loss of information;
   6. loss of opportunity, goodwill or reputation;
   7. loss of, damage to or corruption of data; or
   8. any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
      
9. Subject to conditions 7 and 8, the Licensor's maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the Licence Fee.
   
10. Subject to conditions 7,8 and 9, the Licensor's liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
    
11. This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of the Audio Tour and Tour Plan.  In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence.  Any condition, warranty, representation or other term concerning the supply of the Audio Tour and Tour Plan which might otherwise be implied into, or incorporated in, this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

TERMINATION

12. The Licensor may terminate this Licence immediately by written notice to you if:
    1. You commit a material or persistent breach of this Licence;
    2. You do not download the Audio Tour within 48 hours of being sent your password.

TRANSFER OF RIGHTS AND OBLIGATIONS

13. This Licence is binding on you and us, and on our respective successors and assigns.
    
14. You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.
    
15. We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.

SEVERABILITY

16. If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

17. This Licence and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Audio Tour and Tour Plan and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
    
18. We each acknowledge that, in entering into this Licence, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into this Licence except as expressly stated in this Licence.
    
19. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Licence (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

LAW AND JURISDICTION

This Licence is governed by English law. Any dispute arising from, or related to, any term of this Licence shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.