WE, CHECKSTICK LIMITED (A COMPANY INCORPORATED AND REGISTERED IN ENGLAND AND WALES WITH COMPANY NUMBER 06732586, WHOSE REGISTERED OFFICE IS AT 32 BLOOMSBURY STREET, LONDON, WC1B 3QJ) (“CHECKSTICK LTD”) OWN THE COPYRIGHT, TRADE NAMES AND OTHER INTELLECTUAL PROPERTY RIGHTS SUBSISTING IN OR USED IN CONNECTION WITH THE PRODUCT YOU HAVE PURCHASED (INCLUDING ALL DOCUMENTATION AND MANUALS) (THE “PRODUCT”). IT IS UNLAWFUL TO USE THE PRODUCT ON A COMPUTER WITHOUT OUR LICENCE. WE ARE WILLING TO LICENSE THE PRODUCT TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE BREAKING THE SEAL ON THE PRODUCT PACKAGE. BY OPENING THE PRODUCT PACKAGING YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, WE ARE UNWILLING TO LICENSE THE PRODUCT TO YOU, AND YOU SHOULD NOT OPEN THE PRODUCT PACKAGE. IN SUCH CASE YOU SHOULD RETURN THE UNOPENED PRODUCT PACKAGE WITHIN 28 DAYS AND ALL ACCOMPANYING ITEMS TO US OR YOUR SUPPLIER WITH PROOF OF PURCHASE FOR A REFUND.

Checkstick Ltd offers the Product with the terms, conditions and notices (“Terms of Use”) as follows:

1. Licence

In consideration of your agreement to these Terms of Use, Checkstick Ltd grants you a perpetual, non-exclusive right to use the Product in accordance with Clause 2 below. The licence is personal to you as the purchaser of the Product and the licence granted herein is for your benefit only.

2. Permitted Use

As purchaser of the Product, you may use the Product on a computer or computers within your household which is/are under your control, for personal and domestic purposes only.

This Product may not be used for unlawful purposes and that use is expressly prohibited under these Terms of Use.

3. Limitations On Use

You may not and may not permit others to

3.1 modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Product;

3.2 copy or reproduce the Product, in whole or in part or copy the written materials accompanying the Product ;

3.3 sub-license, assign, rent, lease or transfer the licence granted by Checkstick Ltd to you or the Product;

3.4 make or distribute copies of the Product;

3.5 adapt, modify, delete or translate the written material accompanying the Product in any way for any purpose whatsoever;

3.6 vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Product;

3.7 transmit, disclose, publish or sell any information or data obtained from the use of the Product.

4. Title

Checkstick Ltd shall at all times retain the ownership of all intellectual property rights in the Product.

5. Privacy Satement

Checkstick is delivered on a preconfigured standard USB memory stick. All information that is captured is encrypted and stored locally and is fully secure and never transferred via the Internet.

Checkstick Ltd are unable to view any data stored upon its products at anytime and as such you can be sure that all confidential information and data recorded remains in your possession at all times and is never accessed or viewed by third parties.

If you send us an e-mail and request a response to a query we will always use the address provided to respond to your enquiry.

If you send us any personally identifying information such as your home postal address within an electronic message this information will only be used to successfully respond to your initial query and will not be passed to any third parties.

6. Other Statements

ANY OTHER ORAL OR WRITTEN STATEMENTS given by Checkstick Ltd, its employees or representatives DO NOT CONSTITUTE WARRANTIES OR FORM PART OF THESE TERMS OF USE and shall not be relied upon by you.

7. Entire Obligation and Severability

These Terms of Use constitute the entire obligation of Checkstick Ltd with respect to the Products. If any part of these Terms of Use is determined by any judicial or other competent authority to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers in Clause 7 and liability disclaimers in Clauses 8 and 9, then the invalid or unenforceable provision will be severed from these Terms of Use and replaced by provisions in such reasonable manner as achieves the intention of the parties without illegality and the remainder of these Terms of Use shall remain in full force and effect.

8. Disclaimer of Warranty

CHECKSTICK LTD PROVIDES THE PRODUCT ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND AND EXCLUDES AND HEREBY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY, WARRANTIES AND CONDITIONS (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), SO FAR AS SUCH EXCLUSION OR DISCLAIMER IS PERMITTED UNDER THE APPLICABLE LAW . CHECKSTICK LTD DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE.

9. Limitation of Liability

9.1 Checkstick Ltd’s liability to you for any losses shall not exceed the amount you originally paid for the Product.

9.2 IN NO EVENT WILL CHECKSTICK LTD, ITS EMPLOYEES, DIRECTORS, AUTHORISED DEALER, DISTRIBUTORS AND SUPPLIERS OR AGENTS BE LIABLE FOR ANY (A) BREACH OF PRIVACY OR OTHER SIMILAR LAW OR REGULATION; OR (B) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY LOSSES OR DAMAGES OR OTHER RELIEF OR (C) LEGAL FEES WHATSOEVER ARISING OUT OF OR CONNECTED WITH YOUR USE, MISUSE OR INABILITY TO USE THE PRODUCT INCLUDINGWITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, EVEN IF CHECKSTICK LTD OR AN AUTHORIZED DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, SO FAR AS SUCH EXCLUSIONS ARE PERMITTED UNDER THE APPLICABLE LAW.

9.3 Nothing in these Terms of Use limits Checkstick Ltd’s liability to you in the event of death or personal injury resulting from our negligence.

9.4 You hereby acknowledge and agree that the limitations contained in this Clause 8 are reasonable in light of all the circumstances.

10. No Claim Liability on Checkstick Ltd

Checkstick Ltd assumes no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or attorney's fees for, any claim made by any third party against you based upon: (i) any method, way or process in which the Product may be used by you; (ii) any results of using the Product; (iii) any use of anything other than a current unaltered release of the Product; or (iv) the combination, operation or use of the Product with non Checkstick Ltd programs or data if such claim would have been avoided by the combination, operation, or use of the Product with other programs or data; or (v) your breach of any terms of these Terms of Use.

11. Termination

11.1 These Terms of Use and the licence hereby granted to use the Product automatically terminates if you:-

11.1.1 fail to comply with any provisions of these Terms of Use;

11.1.2 destroy the Product in your possession;

11.1.3 voluntarily return the Product to us.

12. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction over all dispute arising in connection with these Terms of Use. Use of the Product is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this clause.

13. Modification of Terms and Conditions