IF YOU ARE PURCHASING A DOWNLOAD PRODUCT FROM US THEN PLEASE READ THIS CAREFULLY – IT IS AN IMPORTANT LEGAL AGREEMENT

Overview
This End-User License Agreement (“EULA”) is a legal agreement between you and Passenger2.

This EULA agreement governs your acquisition and use of our Passenger2 software (“Software”) directly from Passenger2.

This End User Licence Agreement (EULA) is a legal contract between you (as an individual user) and Passenger2 for a software title, including but not limited to all accompanying media, manuals, printed and/or electronic or online documentation, updates or other additions (in its entirety referred to hereinafter as the “Software”).

Please read this EULA agreement carefully before completing the installation process and using the Passenger2 software. It provides a license to use the Passenger2 software and contains warranty information and liability disclaimers.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Passenger2 herewith regardless of whether other software is referred to or described herein. The terms also apply to any Passenger2 updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

ELIGIBILITY
Our Software is available only to Users who can form legally binding contracts under applicable law. By downloading or using this Software, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or using the Software under the laws of the United Kingdom or other applicable jurisdiction.

If you are entering into this EULA agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this EULA agreement, in which case the terms “you”, “your”, or “User” shall refer to such corporate entity. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement. If, after your electronic acceptance of this Agreement, Passenger2 finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this EULA agreement.

LICENCE
Subject to the terms of this EULA Agreement Passenger2 hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Passenger2 Software on your own non-commercial use devices in accordance with the terms of this EULA agreement. The Software is being licensed to You and You hereby acknowledge that no title or ownership of the Software is being transferred or assigned to You and this EULA agreement is not to be construed as a sale of any rights of the Software.

You are permitted to load the Passenger2 software (for example on a PC or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the Passenger2 Software.

RESTRICTIONS
Without first obtaining the express written consent of Passenger2, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Software.

You are not permitted to:

• edit, modify, alter, adapt, or otherwise change the whole or any part of the Passenger2 software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any of the listed actions,
• copy, reproduce, duplicate, resell or distribute in any medium any part of the Software, except where expressly authorized by Passenger2,
• remove or alter Passenger2 trademarks or logos or legal notices included in the Software or related assets,
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software,
• use the service to try to gain unauthorized access to any service, data, account or network by any means,
• use the Software in any way which breaches any applicable local, national or international law,
• Sub-licence, assign, rent, lease the Software or make or distribute copies of the Data, or any part thereof,
• use the Software for any purpose that Passenger2, considers is a breach of this EULA agreement.

Passenger2 reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement.

By using our Software you acknowledge and agree that your use of the Software, including any content you submit, will comply with this EULA agreement and all applicable local, state, national and international laws, rules and regulations.

Intellectual Property and Ownership
No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. Passenger2 shall retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Passenger2.

In addition to the general rules above, the provisions in this Section apply specifically to your use of Passenger2 content used in a Software (Passenger2 content). Passenger2 content used in this Software, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Passenger2 in perpetuity, and are subject to copyright, trademark, and/or patent protection.

Passenger2 content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Passenger2. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this EULA agreement.

COLLECTION AND USE OF YOUR INFORMATION
You acknowledge that when you download, install, or use the Software, Passenger2 may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Software. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Software or certain of its features or functionality. All information we collect through or in connection with this Software is subject to our Privacy policy. By downloading, installing, using, and providing information to or through this Software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

UPDATES
Passenger2 may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Passenger2 has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. When your Device is connected to the internet:

• you will receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Software or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.

THIRD-PARTY MATERIALS
The Software may display, include, or make available third-party content (including data, information, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Passenger2 is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Passenger2 does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

PASSENGER2 USE OF USER CONTENT
The Software may allow you to create content such as sounds, videos, data, photographs, and other information (“User Content”).

The provisions in this Section apply specifically to Passenger2 use of User Content posted to or through the Software.

You shall be solely responsible for any and all of your User Content or User Content that is submitted by you, and the consequences of, and requirements for, distributing it. You agree that any User Content that you share does not and will not violate third-party rights of any kind, including and without limitation any Intellectual Property Rights or rights of publicity and privacy.

With Respect to User Content, by posting or publishing User Content to or through the Software, you authorize Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Software and this EULA agreement.

By creating User Content through Passenger2 Software, you hereby grant Passenger2 a worldwide, non-exclusive, royalty-free, sub-licensable, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Software, including without limitation for promoting and redistributing all or part of this Software in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Software a non-exclusive license to access your User Content through this Software, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Software and under this EULA agreement.

The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Software. You understand and agree, however, that Passenger2 may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.

Passenger2 generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this EULA agreement. Company may remove any item of User Content if it violates this EULA agreement, at any time and without prior notice.

DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Passenger2, SOFTWARE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND Passenger2, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT.

Passenger2 MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS SOFTWARE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. Passenger2 MAKES NO WARRANTIES THAT OPERATION OF THE SOFTWARE WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION.

NO ORAL OR WRITTEN ADVICE PROVIDED BY Passenger2 OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Passenger2, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS SOFTWARE, (III) OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHEATHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Passenger2 OR ANY OTHER PARTY, EVEN IF Passenger2 IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL Passenger2’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE SOFTWARE, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE SOFTWARE. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT.

INDEMNITY
You agree to protect, defend, indemnify and hold harmless Passenger2 and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Passenger2 directly or indirectly arising from (i) your use of the Software; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Software on 24/7 basis. You acknowledge and agree that from time to time this Software may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

You acknowledge and agree that we have no control over the availability of this Software on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

ABUSE TO STAFF AND/OR CUSTOMERS
We understand that people can become frustrated when they feel that matters are not being dealt with as they wish.
If that frustration escalates into aggression towards our staff, we consider that unacceptable.

Any aggression or abuse directed towards our staff will not be tolerated.

Any verbal/written aggressive or abusive behaviour includes language that may cause staff to feel afraid, threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. The use of swear words in written or verbal communication will not be tolerated and these communications will not be responded to. 

TERMINATION
This EULA agreement is effective from the date you first download, install or use the Software and shall continue until terminated. You may terminate this Agreement by deleting the Software and all copies thereof from your Device.

This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Passenger2 reserves the right to cease offering or providing Software at any time, for any or no reason, and without prior notice. Although Passenger2 makes great effort to maximize the lifespan of the Software, it might be, that the Software we offer will be discontinued. If that is the case, this EULA agreement will be terminated and Software will no longer be supported by Passenger2.

There is no access after termination. Upon the termination, for any reason whatsoever, of this EULA, You no longer have rights to access or use the Passenger2 Software and, if applicable, We will delete or otherwise make inaccessible Your account and any Data in the Passenger2 Software, if any. We shall not be liable towards You or any other third party for the loss of any Data and/or customization after the termination of this EULA for whatever reason or cause.

COMPLIANCE WITH LOCAL LAWS
Passenger2 makes no representation or warranty that all the content available on this Software are appropriate in every country or jurisdiction and use of this Software from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules and regulations.

GOVERNING LAW
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Scotland.

CONTACT INFORMATION
If you have any questions about our EULA, please Contact Us via e-mail or write to us at:

Passenger2,
272 Bath Street
Glasgow
G2 4JR
United Kingdom

THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.