ATTENTION: THE "LONDON DRUGS PHOTOLAB HOME EDITION" SOFTWARE
(THE "PRODUCT") IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL
INTELLECTUAL PROPERTY LAWS AND TREATIES. THE PRODUCT INCLUDES COMPUTER
SOFTWARE, THE ASSOCIATED MEDIA AND ANY RELATED DOCUMENTATION (INCLUDING ONLINE
AND ELECTRONIC DOCUMENTATION). THE PRODUCT IS LICENSED, NOT SOLD.
LICENSE
IMPORTANT: CAREFULLY READ THIS AGREEMENT BEFORE USING THE PRODUCT OR THE
SERVICES PROVIDED BY LONDON DRUGS LIMITED ("LONDON DRUGS")
IN CONNECTION WITH THE PRODUCT (THE "SERVICE"). USING THE SERVICE OR
THE PRODUCT INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ITS TERMS. THE TERMS OF THIS AGREEMENT MAY BE CHANGED OR UPDATED
BY LONDON DRUGS AT ANY TIME, BUT YOU CAN ALWAYS FIND THE MOST RECENT VERSION AT
www.londondrugs.com/ldps. USE OF THE PRODUCT OR SERVICE AFTER CHANGES OR
UPDATES HAVE BEEN POSTED BY LONDON DRUGS ON ITS WEBSITE CONSTITUTES YOUR
ACCEPTANCE OF SUCH CHANGES OR UPDATES, SO WE RECOMMEND YOU CHECK THE WEBSITE
BEFORE EACH USE.
BY CLICKING THE "I ACCEPT" BUTTON OR BY DOWNLOADING, INSTALLING,
COPYING OR USING THE PRODUCT, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT AS WELL AS CONFIRM PERSONALLY THE AUTHORITY OF THE PERSON SO
CLICKING TO BIND THE END USER TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS
AGREEMENT OR IF YOU DO NOT HAVE THAT AUTHORITY THEN DO NOT CLICK THE "I
ACCEPT" BUTTON AND DO NOT USE THE SERVICE OR DOWNLOAD, INSTALL, COPY OR
USE THE PRODUCT.
A. OWNERSHIP. Subject to Section F (Third Party Technology), London
Drugs is the owner of all right, title and interest to the Service and DigiLabs,
Inc. is the owner of all right, title and interest to the Product and the copy
of the Product authorized by this agreement, regardless of the media or form in
which the original copy may exist. As licensee of the Product, you do not
acquire any ownership rights to the Product. The copyright and all other
rights in the Product will remain with DigiLabs, Inc. You must reproduce any
copyright or other notice marked on the copy of the Product authorized by this
agreement. You remain the owner of all content that you submit to London
Drugs in connection with the Service.
B. LICENSES. London Drugs and DigiLabs, Inc., respectively, grant you a
personal, non-exclusive, terminable right and license to use the Service and to
use or display the Product on a personal computer, for non-commercial use, in
accordance with the terms of this agreement. You grant to London Drugs a
perpetual, non-exclusive right and license to copy, display, modify, transmit,
make derivative works of and distribute any content transmitted or provided by
you to London Drugs, solely for the purpose of providing the Service.
C. PERMITTED USE. You may: (1) use the Product on any personal computer;
(2) copy the Product for archival purposes, so long as the copy contains all of
the Product's proprietary notices; (3) transfer or loan the Product, so long as
every user of the transferred or loaned Product (each a "Third Party
User") agrees to be bound by the terms of this agreement and so long as the
Product is used strictly in accordance with the terms of this agreement,
including for personal use and is not sold or used commercially in any way
whatsoever; and (4) have printed by London Drugs any product or images forming
part thereof, which are created or derived using the LONDON DRUGS PHOTOLAB
HOME EDITION Product"), provided the applicable fee for such Service is
paid to London Drugs. You remain responsible to London Drugs for the use of the
Product and the Service by the Third Party User.
D. PROHIBITED USE. You may not: (1) use the Product or the Service
except as permitted in this agreement; (2) rent, lease, sell, pledge, or
commercially make available or distribute the original copy or other copies of
the Product to any person or entity; (3) decrypt, modify, translate, reverse
engineer, decompile, disassemble or create derivative works based on the
Product; (4) remove any proprietary notices or labels on the Product; (5) print
or have printed by you or any person or entity other than London Drugs any LONDON
DRUGS PHOTOLAB HOME EDITION Product; or (6) upload, store, share or otherwise
obtain Prohibited Content using the Service or the Product.
"Prohibited Content" includes the following types of content:
(i) content that London Drugs in its sole judgement believes is abusive,
deceptive, pornographic, obscene, defamatory, slanderous, offensive, or
otherwise inappropriate; (ii) copyrighted material that is used without the
express permission of the owner; (iii) content that violates or encroaches on
the rights of others; (iv) content or other material that contains viruses,
worms, corrupt files, Trojan horses and other forms of corruptive code or any
other content, which may compromise the Service; (v) content that advocates
illegal activity; (vi) content that harms minors in any way; and (vii) any
links or connections to any of (i) - (vi). London Drugs has the sole discretion
to determine whether content is Prohibited Content, and any content submitted
using the Service may be subject to examination from time to time.
You acknowledge that review of content submitted or transmitted to London Drugs
using the Product or Service may be carried out by London Drugs for quality
control purposes or as part of producing the LONDON DRUGS PHOTOLAB HOME EDITION
Product. London Drugs has the absolute right (but not the obligation) to
review, delete, move, and edit content and materials for any reason, at any
time, without notice. Notwithstanding the foregoing, when you use the Service
or the Product, you acknowledge and agree that all content (whether private or
public) that is uploaded using the Service is the sole responsibility of the
person who submitted it. In other words, you are responsible for any content
that you submit.
E. REPRESENTATION AND WARRANTY BY YOU; COPYRIGHT. You represent and
warrant to London Drugs that you are the owner of the copyright to content you
submit to London Drugs using the Service or that you have written permission
from the copyright owner to submit such content. You understand that London
Drugs is unable to provide you with permission to copy, display or distribute
material for which you do not own the copyright, and London Drugs does not
provide others with such rights to your content (unless you give us permission
to do so). You may not copy or distribute such material without the written
consent of the copyright owner, and you are solely responsible for any
copyright violations that you may incur as a result of your use of the Service.
If you believe that your work or the work of another has been copied in a way
that constitutes copyright infringement, please contact London Drugs.
F. THIRD PARTY TECHNOLOGY. You acknowledge that the Product contains
third party technology and intellectual property ("Third Party
Technology") and your right to use the Third Party Technology arises
out of an agreement or agreements between London Drugs and the owner of the
Third Party Technology.
G. TERMINATION. You agree and acknowledge that London Drugs, in its sole
discretion, may terminate your use of the Service, the Product and/or any Third
Party Technology, and remove and discard any content (including any and all
information, communications, albums, image files or any other content submitted
to London Drugs by you using the Service) at any time, without notice, for any
reason, including conduct violating this agreement or other London Drugs
policies or guidelines or conduct that London Drugs believes is harmful to
other users of the Service, the business of London Drugs, or other third party
information providers. Further, you agree that London Drugs will not be liable
to you or any third party for any termination of your access to the Service or
right to use the Product. Upon termination of this agreement, you agree to
destroy all copies of the Product. The Limitations of Warranties and Liability
set out in Section H will continue in force even after termination of this
agreement. Once London Drugs has completed an order for a LONDON DRUGS PHOTOLAB
HOME EDITION Product, London Drugs may delete, destroy or discard any files and
content, including any and all information, communications, postings, albums,
image files or any other content submitted or transmitted using the Service. It
is very important that you back up and do not delete any files or content
submitted or transmitted by you using the Service as London Drugs accepts no
liability in connection with the loss, destruction, damage, corruption or
unavailability of any such files or content.
H. LIMITATION OF WARRANTIES AND LIABILITY. THE PRODUCT AND THE SERVICE ARE
PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY
QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE
ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. LONDON DRUGS DOES
NOT GUARANTEE THAT THE PRODUCT OR THE SERVICE WILL MEET YOUR REQUIREMENTS,
PERFORM ERROR-FREE, UNINTERRUPTED OR WITHOUT SECURITY OR PRIVACY RISKS, OR THAT
LONDON DRUGS WILL CORRECT ANY SOFTWARE ERRORS. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE PRODUCT AND THE SERVICE, INCLUDING INSTALLATION
OF THE PRODUCT, IS ASSUMED BY YOU. NO ORAL OR WRITTEN STATEMENTS OR ADVICE
GIVEN BY LONDON DRUGS, ITS AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY
WAY INCREASE OR MODIFY THE SCOPE OF THE WARRANTY PROVIDED HEREIN.
LONDON DRUGS CANNOT GUARANTEE AGAINST ACCESS TO OR USE OF CONTENT YOU SUBMIT TO
LONDON DRUGS BY ANY THIRD PARTY AND LONDON DRUGS WILL HAVE NO LIABILITY FOR ANY
LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF ANY SUCH USE OR ACCESS (WHETHER
UNAUTHORIZED OR AUTHORIZED BY YOU). NEITHER LONDON DRUGS NOR ITS EMPLOYEES,
OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS OR SUPPLIERS
(THE "LONDON DRUGS REPRESENTATIVES") WILL HAVE ANY LIABILITY TO YOU
OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE PRODUCT OR SERVICES FOR
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA
OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF LONDON DRUGS OR THE LONDON DRUGS
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY
ARE FORESEEABLE. LONDON DRUGS' (AND THE LONDON DRUGS REPRESENTATIVES') MAXIMUM
AGGREGATE LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.
I. EQUITABLE RELIEF. You agree that certain breaches of this agreement
by you may result in irreparable harm to London Drugs, the extent of which
would be difficult and/or impracticable to assess, and that money damages would
not be an adequate remedy for such breach. Accordingly, London Drugs will be
entitled to seek immediate equitable and other provisional relief, including
specific performance of this agreement and a temporary restraining order and/or
preliminary and/or permanent injunction, as a remedy for such breach in
addition to any and all other remedies available to London Drugs at law or in
equity and without prejudice to any such other remedies.
J. INDEMNIFICATION BY YOU. You agree to indemnify, defend and hold
harmless London Drugs and the London Drugs Representatives from and against all
losses, expenses, damages and costs, including reasonable legal fees, resulting
from any misrepresentation or violation of this agreement or any activity
related to your use, and any Third Party User's use, of the Service or the
Product (including negligent or wrongful conduct) by you or any other person
accessing the Service using your, or any Third Party User's, personal
information.
K. MODIFICATION OF TERMS. You agree that London Drugs reserves the right
to amend the terms of this agreement at any time, for any reason, without
notice, including the right to terminate the Service or the license to use the
Product. Any amendments or modifications made by London Drugs will be
prospective only, and will be posted on the website at www.londondrugs.com/ldps.
L. COMMUNICATION. In order for London Drugs to process any orders for LONDON
DRUGS PHOTOLAB HOME EDITION Products through the Service, you will need to
submit certain requested information to London Drugs, including your name, a
valid email address and phone number. You agree to provide us with true,
accurate, current and complete information about yourself when such information
is required for the Service you select. London Drugs may send and you agree to
receive email confirmations regarding orders placed with London Drugs through
the Service. You must respond promptly to all email and other forms of communication
from London Drugs, including concerns or questions regarding your use of the
Product or Services.
M. SECURITY AND PRIVACY. By using the Service, you consent to London
Drugs collecting and using all personal information and content you submit to
London Drugs in connection with the Service, solely for the purpose of
providing the Service. London Drugs strives at all times to protect the
security and privacy of any personal information and content you provide over
the Internet to London Drugs. However, because of the inherent risks of
Internet use, London Drugs cannot guarantee that such personal information or
content will not be improperly accessed or used by third parties. You are
submitting such person information and content over the Internet to London
Drugs at your own risk. For further information, please refer to the Privacy
and Security sections at www.londondrugs.com.
N. GENERAL. Each of "including", "include" and
"includes" is not limiting and will be construed as referring to all
matters that reasonably could fall within the broadest possible scope to which
such term applies. If any part of this agreement is found void and
unenforceable, it will not affect the validity of the balance of the agreement,
which will remain valid and enforceable according to its terms. The terms of
use relating to the Product and this agreement constitute the entire agreement
between London Drugs and you relating to the Product and it supersedes any
prior representations, discussions, undertakings, communications or advertising
relating to the Product. The Services are subject to this agreement, as well as
all additional terms and conditions of use of London Drugs concerned with the
Services which may be found in London Drugs' retail stores or on the website www.londondrugs.com/ldps. Unless otherwise agreed by London Drugs, all LONDON
DRUGS PHOTOLAB HOME EDITION Products must be picked up by you at a London Drugs
retail store. You agree that any varying or additional terms contained in any
other written notification or document issued by you in relation to the Product
or the Service will be of no effect. This agreement will be governed by and
construed in accordance with the laws of the Province of British Columbia, and
the parties will attorn exclusively to the courts of the Province of British Columbia. This agreement will not be governed by the conflict of law rules of any other
jurisdiction or the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.
Any claim or cause of action arising out of or related to use of the Service,
the Product or this agreement must be filed within one (1) year from the date
on which the claim or cause of action was discovered or reasonably could have
been discovered, failing which such claim or cause of action will be forever
barred. Any notice may be given to you by email delivery to the last email
address you provided to London Drugs under this agreement. Such notice will be
deemed to have been given when sent by London Drugs.