SCOPE OF LICENCE
Subject to the terms below, you are hereby Licensed by All Answers Limited to use a single copy of Viper, on one computer or workstation. Unregistered use of Viper is in violation of U.K. and international copyright laws.
You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from All Answers Limited. All Answers Limited reserve the right to revoke the above distribution rights at any time, for any or no reason.
You may not alter or modify the Viper Software, nor give anyone permission to do so. Under no circumstances are you licensed to distribute Viper. All rights of any kind in Viper which are not expressly granted in this Licence are entirely and exclusively reserved to and by All Answers Limited. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Viper. You may not make access to Viper available to others in connection with a service bureau, application service provider, or similar business.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
Viper, and any and all accompanying software, files, data and materials, are distributed and provided AS IS and with no warranties of any kind, whether express or implied. You acknowledge that good data processing procedure dictates that any program, including Viper, must be thoroughly tested with non-critical data before you rely on it, and you hereby assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of this Licence.
Any liability of All Answers Limited will be limited exclusively to refund of purchase price, if any. In addition, in no event shall All Answers Limited, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, be liable for any indirect, incidental, consequential, or punitive damages whatsoever relating to the use of Viper, or to your relationship with All Answers Limited.
In addition, in no event does All Answers Limited authorise you to use Viper in applications or systems where Viper's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold All Answers Limited harmless from any and all claims or losses relating to such unauthorised use.
Indemnification. You agree to indemnify, defend, and hold harmless, All Answers Limited, its affiliates, officers, directors, employees, agents, suppliers, and licensors, from any claims, losses, damages, deficiencies, liabilities, costs and expenses (including attorneys' fees and costs) arising from Your (a) use of the Site or the Services, (b) violation of any third party's rights, or (c) breach of this User Agreement. For clarity, this indemnification applies both to direct claims between You and All Answers Limited and third-party claims. You agree to cooperate as reasonably required in the defence of any claim. All Answers Limited reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification under this section and, in any event, You agree not to settle any such matter without the prior written consent of All Answers Limited. Your obligation to defend and indemnify All Answers Limited survives the termination of this User Agreement and Your use of the Site. By scanning a document you are confirming that you hold all necessary permissions including appropriate intellectual property rights to perform that scan under the terms of this licence, knowing the consequences of carrying out a scan and holding yourself fully responsible for those consequences in relation to the document scanned, and this indemnity includes, but is not limited to, claims, losses, damages, deficiencies, liabilities, costs and expenses (including attorneys' fees and costs) arising from the act of you scanning documents that you do not hold necessary permissions including appropriate intellectual property rights to scan.
All Answers Limited is not liable for any troubles that may occur from misusing any part of the scanning functionality of Viper. Any problems that may arise from using this feature are the sole responsibility of the user. All Answers Limited is not liable for any damages that may occur from using the scanning function.
THE FUNCTIONALITY OF THIS SOFTWARE IS BASED IN PART ON PERMISSIONS FROM THIRD PARTY COMPANIES AND PROGRAMS. YOU, THE END USER, UNDERSTAND AND AGREE THAT IN THE EVENT THOSE COMPANIES OR PROGRAMS CEASE OPERATIONS, WITHDRAW PERMISSIONS OR CHANGE THEIR PROGRAMS, THAT THIS SOFTWARE MAY NO LONGER FUNCTION AS ORIGINALLY INTENDED, DESIGNED OR MARKETED. YOU FURTHER UNDERSTAND AND AGREE THAT THOSE CIRCUMSTANCES ARE BEYOND OUR COMPANY'S CONTROL. IF YOU DO NOT AGREE DO NOT USE THIS SOFTWARE. THE LICENSOR'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE DELIVERY OF SOFTWARE -AS IS - AT THE TIME OF DOWNLOAD. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES.
STORAGE AND USE OF YOUR DOCUMENTS
We guarantee that we will not use your essay for any other purpose than as explained in these paragraphs, and the copyright of your essay always belongs to you. We are a UK company subject to UK law under the Copyright, Designs and Patents Act 1988 and we take our obligations under this act very seriously.
When you scan a document using the Viper software, All Answers Limited will automatically add a copy of that document to our documents database for comparison purposes only. This improves the accuracy of future scans for you and other users. All scans made by you and other users of the Viper software will be compared to the document you have scanned. If a match is detected in your document, you and other users of the Viper software will see the percentage of the match and will not see the document itself - your document is kept confidential.
When you scan a document, you agree that 9 months after completion of your scan, we will automatically upload your essay to our student essays database which will appear on one of our network of websites so that other students may use it to help them write their own essays. You agree that any right you may have to remuneration for such use of documents is waived. You may not use the Viper Software to scan documents for which you do not hold sufficient intellectual property to be able to authorise us to use the documents in accordance with the terms of this licence.
This Licence is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Licence shall be governed by the laws of the United Kingdom. Exclusive jurisdiction and venue for all matters relating to this Licence shall be in courts located in the United Kingdom, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by All Answers Limited herein. Any waiver by All Answers Limited of any violation of this Licence by you shall not constitute or contribute to a waiver of any other or future violation by you of the same provision, or any other provision, of this Licence.