BIKECONTROL TRADING, S.L. (hereafter, " BIKECONTROL "), registered at address Carrer Puigcerver, 15, E-17251 Calonge, Girona , Spain .
PLEASE READ THIS SOFTWARE LICENCE AGREEMENT (HEREAFTER, "LICENCE") CAREFULLY BEFORE ACCESSING THE SOFTWARE. DO NOT ACCESS THE SOFTARE IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS. THE USE OF THIS SOFTWARE WILL BE CONSTRUED AS IRREFUTABLE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENCE. TO INDICATE THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENCE, CLICK "I ACCEPT". IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SOFTWARE AND CLICK "I DO NOT ACCEPT".
1.1. BIKECONTROL issues (not sells) the User a non-exclusive and non-transferable licence to use the Software available from the URL http://www.my-instructor-web.com ("BIKECONTROL Software"), subject to the terms and conditions established in this Licence.
1.2. BIKECONTROL reserves all rights not expressly transferred to the User.
1.3. This Licence does not involve the sale to the User of either the BIKECONTROL Software or its related documentation; rather the property rights and ownership of the Software, documentation, know-how, patents and commercial secrets, and all corresponding rights, remain exclusively with BIKECONTROL.
A. The User expressly assumes the following obligations:
a) To use the BIKECONTROL Software solely via the platform which the User will access using the personal password assigned to him upon payment of the licence fee for the period in question.
b) To take all reasonable measures to protect the BIKECONTROL Software from theft or unauthorised use as stipulated in the terms and conditions of this Contract and, specifically, to not disclose the personal password(s) which enable access to the online software via the BIKECONTROL URL to third parties.
B. The User undertakes not to carry out any of the following actions:
a) Modify, disassemble, decompile or in any other way reverse engineer the BIKECONTROL Software;
b) Transfer, hire, lease or in any other way distribute all or part of the BIKECONTROL Software to any person or entity, whether on a permanent or temporary basis;
c) Disclose the BIKECONTROL Software or related documentation, or any of its parts or components, to third parties, with the User acknowledging the fact that the BIKECONTROL Software contains and constitutes confidential information about and belonging to BIKECONTROL; nor will it use the BIKECONTROL Software in any way beyond that established by this Licence.
C. The User undertakes to upload onto the BIKECONTROL website, for use in conjunction with the licensed software, only musical tracks ("Music") it has acquired legally. Likewise, the User undertakes to pay the corresponding collective management agencies all those amounts that might be accrued through the use of any music uploaded onto the BIKECONTROL website by the User. Consequently, the User undertakes to indemnify BIKECONTROL in the event of any claim arising from the unauthorised use of the Music stored on the BIKECONTROL website by the User as part of the use he makes of the licensed Software.
This Licence will be valid only for as long as the User fulfils payment of the established licence fee. Furthermore, the rights of use conferred by this Licence will be automatically revoked without notice from BIKECONTROL if the User falls in breach of any of the terms of this Licence. In the event that the Licence is terminated, the User is to cease all use of the BIKECONTROL Software. Once terminated, for whatever reason, BIKECONTRL will be able to deactivate the password provided without having to issue prior notice of its deactivation.
The User expressly acknowledges and accepts that it is not possible for BIKECONTROL to control the conditions under which he uses the BIKECONTROL Software and that use of the BIKECONTROL Software is therefore carried out at the sole risk of the User, who assumes all risks as to satisfactory quality, performance, accuracy and effort.
The BIKECONTROL Software is supplied "as is", with all potential flaws and with no warranties of any kind. BIKECONTROL hereby renounces all express, implied and legal warranties and/or conditions including, though by no means limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, enjoyment and non-infringement of third party rights, all in relation to the BIKECONTROL Software. BIKECONTROL, without prejudice to the use and enjoyment that the User makes of the BIKECONTROL Software, does not warrant that the functions contained within the BIKECONTROL Software will meet their needs, that the BIKECONTROL Software will function without interruptions or errors, or that the faults in the BIKECONTROL Software will be corrected.
To the extent not prohibited by law, under no circumstances with BIKECONTROL be held liable for any material and/or personal damages, loss of profits or consequential damages; nor will it be held liable for any direct or indirect "special" damages including, though by no means limited to, damages incurred through the loss of profits or loss of data; interruptions to business activity; or any kind of commercial, material or personal loss or damages resulting from or related to the use or misuse of the BIKECONTROL Software, however this loss or damaged might have been incurred and independently of the theory of civil liability (non-fulfilment of contract, unlawful act or other). BIKECONTROL will not be held liable for any of the above including where BIKECONTROL has been informed as to the likelihood of these damages. To be clear, BIKECONTROL will not under any circumstances be held responsible for the impact on participants of any sessions designed by the User using the Bikecontrol Software.
This licence will be governed by and construed in accordance with Spanish legislation. If, for any reason, a court of competent jurisdiction were to find any part of this Licence to be unenforceable or ineffective, the remaining parts of this Licence will remain in full force and effect. Acceptance of the terms and conditions of this Licence also implies the express acceptance on the part of the User of the competence of the Courts of Barcelona to rule on any controversy that might arise over this Licence between the two parties, with the express renunciation of any other legal body they might otherwise have recourse to.
This Licence constitutes the full agreement between BIKECONTROL and the User regarding the use of the BIKECONTROL Software, for which this licence is granted in the form of this document, which supersedes all prior or contemporaneous agreements regarding such subject matter. This Licence may only be modified upon written agreement signed by BIKECONTROL.
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