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/photolab/. 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/photolab/.
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/photolab/. 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.