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London Drugs Home Edition, Version 2
End User License Agreement


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.

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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.