This is a legally binding agreement ("Agreement") between you and The PhotoBook Company of Langley House, Park Road, London, N2 8EX ("The Photobook Company") governing your use of The PhotoBook Company's software program (the "Software").

READ CAREFULLY AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS AGREEMENT BEFORE USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. NO REFUND WILL BE MADE BECAUSE THE SOFTWARE WAS PROVIDED TO YOU AT NO CHARGE.

1. GRANT OF LICENCE

   The PhotoBook Company grants you a personal, limited and non-exclusive licence to use ("use" as used herein shall include storing, loading, installing, accessing, executing or displaying) the Software.

2. RESTRICTIONS

   You shall not use the Software except as expressly granted or permitted herein, and shall not assign, sublicense, sell, rent, lease, loan, convey or transfer to any third party the Software. You shall not alter, translate or convert to another programming language, modify, disassemble, decompile or otherwise reverse engineer the Software and you shall not permit any third party to do so on your behalf.

3. COPYRIGHT NOTICE

   You shall not modify, remove or delete any copyright notice of The PhotoBook Company or its licensors contained in the Software, including any copy thereof.

4. OWNERSHIP

   The PhotoBook Company retains in all respects the title, ownership and intellectual property rights in and to the Software. Except as expressly provided herein, no licence or right, express or implied, is hereby conveyed or granted by The PhotoBook Company to you for any intellectual property of The PhotoBook Company.

5. EXPORT RESTRICTION

   You agree to comply with all export laws and restrictions and regulations of the country involved, and not to export or re-export, directly or indirectly, the Software in violation of any such laws, restrictions and regulations, or without all necessary approvals.

6. NO SUPPORT

   The PhotoBook Company, is not responsible for maintaining or helping you to use the Software. No fixes or support will be made available for the Software. Updates may be made from time to time in the absolute discretion of The PhotoBook Company.

7. NO WARRANTY AND DISCLAIMER OF INDEMNITY

   The Software is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Software is with you. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction.

   The PhotoBook Company does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.

   In no circumstances shall The PhotoBook Company be liable for any damages whatsoever (including without limitation, loss of business profits, loss of business information, loss of business interruption or other compensatory, incidental or consequential damages) arising out of the Software, use thereof or inability to use the Software even if The PhotoBook Company has been advised of the possibility of such damages.

8. RELEASE OF LIABILITY

   To the full extent permitted by law, you hereby release The PhotoBook Company from any and all liability arising from or related to all claims concerning the Software or its use.

9. TERM

   This Agreement is effective upon your acceptance hereof by the action to indicate your acceptance or using the Software and remains in effect until terminated. You may terminate this Agreement by destroying the Software including any and all copies thereof. This Agreement shall also terminate if you fail to comply with any terms hereof. Upon termination of this Agreement, in addition to The PhotoBook Company enforcing its respective legal rights, you must then promptly destroy the Software including any and all copies thereof. Notwithstanding the foregoing, Clauses 4, and 7 through 11 shall survive any termination of this Agreement.

10. SEVERABILITY

    In the event that any section hereof is declared or found to be illegal by any court or tribunal of competent jurisdiction, such section shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions hereof shall remain in full force and effect.

11. ACKNOWLEDGEMENT

    By installing or using the Software, you acknowledge that you have read this agreement, understood it, and agree to be bound by its terms and conditions. You also agree that this agreement is the entire agreement between you and The PhotoBook Company concerning the subject matter hereof and supersedes all proposals or prior agreements, verbal or written, and any other communications between you and The PhotoBook Company relating to the subject matter hereof. No amendment to this agreement shall be effective unless signed by a duly authorised representative of The PhotoBook Company.

12. CONTENT

    The PhotoBook Company shall not have any responsibility whatsoever for the content of any photo album, birthday calendar or photo booklet ("the Content"). You irrevocably acknowledge and agree to be solely responsible for compliance with all applicable laws, bye laws and regulations governing the content whether civil or criminal and agree irrevocably to indemnify The PhotoBook Company from and against all claims, demands, liabilities, damages, costs and expenses whatsoever and howsoever arising out of the Content.

13. JURISDICTION

    This Agreement shall be governed by English law and the parties hereto agree to submit to the exclusive jurisdiction of the courts of England and Wales.