This licence agreement (License) is a legal agreement between you (Licensee or you) and SCDC Ltd WWW.BOBCLOUD.NET (Licensor) for the software (Software), which includes computer software, the data supplied with it, the associated media, printed materials and documentation (Documentation).
We have no technical input into any of the software we provide and use Ahsay’s software and support it as best we can.
If there are any issues with the software we can’t resolve, we will make Ahsay aware.
You should only use our service when you have confirmed it works as expected in your environment.
BY USING OR INSTALLING THIS SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU AND YOUR EMPLOYEES.
PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE:
We license our core software from Ahsay [https://www.ahsay.com]
You must ensure anyone who accesses our service with your login details is aware of these conditions.
Definitions used within our software:
Licensor: This is us [SCDC Limited] T\A BOBcloud.net or BOBcloud.
Reseller, Licensee or Partner: This is you, i.e. our customer.
Customer: Your customer.
Client or Client Device: A physical or virtual device, PC, desktop, laptop or MAC.
- GRANT AND SCOPE OF LICENSE
- In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software and the Documentation on the terms of this Licence.
- You may:
- Install and use the Software for your business purposes only:
- Receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by the Licensor from time to time;
- Use any Documentation in support of the use permitted under condition 1.1 and make up to 2 copies of the Documentation as are reasonably necessary for its lawful use.
- LICENSEE’S UNDERTAKINGS
- Except as expressly set out in this Licence or as permitted by any local law, you undertake:
- Not to copy the Software or Documentation except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
- Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation;
- Not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in any other programs;
- Not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
- Is used only for the purpose of achieving inter-operability of the Software with another software program;
- Is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
- Is not used to create any software which is substantially similar to the Software;
- To keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
- To supervise and control the use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence;
- To replace the current version of the Software with any updated or upgraded version or new release provided by the Licensor under the terms of this Licence immediately on receipt of such version or release;
- To include the copyright notice of the Licensor on all entire and partial copies of the Software in any form;
- Not to provide, or otherwise, make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from the Licensor.
- To apply for only one free account.
- INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to the Licensor, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence. The Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Software shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software available with the Software, in any manner, unless the license of the third party software states otherwise.
- The Licensor expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Software.
- You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
- The Licensor does not warrant that the Software will be error-free. Except as provided herein, the Software is furnished “as is” without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Software. You are solely responsible for determining the appropriateness of using the Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
- You acknowledge that the Software has not been developed to meet your individual requirements and that it is, therefore, your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.
- You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Licence.
- You acknowledge you must perform regular test restores of your data to your systems to ensure you can restore your data. The frequency of the test restores should be a minimum period of 6 weeks between test restores.
- LICENSOR’S LIABILITY
- Nothing in this Licence shall exclude or in any way limit the Licensor’s liability for fraud or for death and personal injury caused by its negligence or any other liability to the extent that it cannot be excluded or limited as a matter of law.
- The Licensor shall not be liable under or in connection with this Licence or any collateral contract for:
- Loss of income;
- Loss of business profits or contracts;
- Business interruption;
- Loss of the use of money or anticipated savings;
- Loss of information or data;
- Loss of opportunity, goodwill or reputation;
- Loss of, damage to or corruption of data, or;
- Any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
- The Licensor’s maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to 10% of the Licence Fee shown on the previous invoice. For the avoidance of doubt, the Licensor is not under any obligation to restore the data to the Licensee or onto the Licensee’s systems or servers and it is recommended that a specialist engineer is engaged for such restoration.
- This Licence sets out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Software and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence. Any condition, warranty, representation or other terms concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
- All Support is provided free and only on our forum. You will need to create an account there before you can ask a question.
- We don’t provide support for the free services through any of our email, helpdesk or phone support systems. Please play fair and don’t ask for support on these platforms.
- MAINTAINING YOUR ACCOUNT AND TERMINATION
- Every free account has a cost to us. These costs are mainly for support, hosting, storage and Ahsay licenses. Every account has an impact on our carbon footprint by using electricity to power the service, so we will close down accounts that aren’t required, or in use.
- Every account comes with 90 days of usage. Because most accounts are not used, they will expire after 90 days. Contact us to convert the account to an unlimited license.
- Every 30 days we will email you to ask you if you want to keep your free account. You can tell us you want to keep your account by following our renewal process sent in the email.
- If you don’t tell us you want to keep your account or don’t use it, the system will start an automated closure of your account.
- Your account will be terminated for the following reasons:
- Your storage quota is at 100% usage and backups cannot start.
- A backup hasn’t started for 30 days.
- More than 50GB of new data is uploaded each month within a 3-month consecutive period.
- You agree it is your responsibility to check for our monthly email on the email address you have registered with your account.
- We allow one free account per person or company. Contact us if you require more than one account.
All notices given by you to the Licensor must be sent via email to firstname.lastname@example.org or at https://forum.bobcloud.net
The Licensor may give notice to you at either the email or postal address you provided to us when obtaining the Software. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such e-mail was sent to the specified e-mail address of the addressee.
- ENTIRE AGREEMENT
- This Licence and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Software and Documentation and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into this Licence, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before entering into this Licence except as expressly stated in this Licence.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Licence (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in this Licence.
- LAW AND JURISDICTION
This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.