Digital Content Licence
THESE LICENCE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AND ARE LEGALLY BINDING. YOU SHOULD PRINT AND KEEP A COPY OF THEM FOR YOUR RECORDS
THE FOLLOWING TERMS APPLY TO ACCESS AND USE OF DIGITAL CONTENT FROM ROKESMITH (ORDERS FOR DIGITAL CONTENT FROM PARTNERS ARE PLACED UNDER THE TERMS OF BUSINESS FOR THE RELEVANT PARTNER AND YOU SHOULD CHECK FOR DETAILS).
THESE TERMS ARE ADDITIONAL TO AND SUPPLEMENT OUR GENERAL WEBSITE TERMS AND CONDITIONS AND OUR SALE AND PURCHASE TERMS AND CONDITIONS WHICH ALSO APPLY. THESE LICENCE TERMS AND CONDITIONS MAY BE AMENDED AT ANY TIME AND THE LICENCE TERMS AND CONDITIONS THAT APPLY FOR EACH ITEM OF DIGITAL CONTENT WILL BE THOSE ON THE WEBSITE AT THE TIME YOU PLACE YOUR ORDER.
1 Nature of digital content. Digital content includes software, apps, ebooks,music, videos, games and any other item that may be purchased or made available to you in downloadable form or via an online service.
2 Overseas orders. We are willing to accept orders for some of our digital content from some countries outside the United Kingdom (the digital content this does not apply to will be marked as such on our website). If you select this option, Rokesmith gives you no assurances that the digital content you order or download may be lawfully received or used outside the United Kingdom and you place the order and use the digital content at your own risk in this regard. In addition, you will be responsible for any taxes or duties payable in each country in which you download or use the digital content and you should check with your local customs office before placing an order to establish what additional costs you may incur.
3 Compatibility. All of our digital content is compatible with Mac OS X El Capitan (10.11) or Windows 10 and Chrome browser version 51 or later. We give no assurances that it will be compatible with any other hardware or software unless expressly stated otherwise in the item description.
4 Downloads. Download of digital content may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications and you accept these risks.
5 Cancellation rights. You have the right to cancel any order for digital content (see our Sale and Purchase Terms and Conditions for details. As such, you will not be able to download the digital content you have ordered for 14 days from the date we accept your order unless you tick the box to say you want to receive it sooner, in which case, you will waive your right to cancel your order for the digital content.
6 Faults in digital content. The nature of software is such that we give no assurances that it will be uninterrupted or error-free, that the digital content will meet your requirements or that faults will be corrected and you accept these risks. All digital content will be screened against appropriate virus-checkers at the time they are uploaded by us but you are responsible for ensuring you take all necessary precautions to check it yourself before use.
7 Grant of licence, licence terms and proprietary rights.
Grant of licence. Rokesmith grants to you a non-exclusive, non-transferable licence to use the digital content you have purchased a licence for from Rokesmith for the licence period in our order confirmation subject to your compliance with the licence terms .
Licence terms. In addition to the licence terms in clause 10 of our General Terms and Conditions, you accept and agree to comply with the following licence terms in respect of all items of digital content:
7.1 You agree to:
(a) comply with all applicable laws and regulations in respect of your use of the digital content;
(b). use the digital content only for your personal use and that of members of your household and to not use it otherwise or make it available for viewing or use by others whether for profit or not; and
(c) keep your access to the digital content secure and safeguard it from access or use by any unauthorised person.
7.2 You agree not to:
(a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the digital content in any way;
(b) create Internet “links” to the digital content or “frame” or “mirror” any digital content;
(c) vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the digital content;
(d) attempt to gain unauthorised access to the digital content or its related systems or networks; or
(e) use copy, modify or transfer any of the digital content other than for the limited purposes permitted by the licence terms and for back up purposes.
Proprietary rights. Rokesmith and/or its licensor(s) owns all rights, title and interests (including all intellectual property rights) in and to the digital content Rokesmith will be entitled to incorporate any suggestions, ideas, enhancement requests, feedback, recommendations or other feedback provided by you in the digital content or in other products, services or digital content without any obligation to compensate you or credit you. The licence of the digital content is not a sale and does not give to you any rights of ownership in or related to the digital content. Rokesmith and its licensors’ names, logos and the product names associated with the digital content are trademarks of Rokesmith or its licensors, and no right or licence is granted to use them save as they are incorporated into the digital content.
8 Termination and suspension. Rokesmith may suspend or terminate your licence if you do not comply with the licence terms without any liability to you.