We licence use of the Software to you on the basis of this limited Trial Licence. We do not sell the Software to you. We (or, where applicable, our licensors) remain the owners of the Software at all times.
You should print a copy of this Trial Licence for future reference.
1. Your account
1.1 In order to use the Software, you must sign up for an account even if your use is only for evaluation purposes only.
2. Grant and scope of trial licence
2.1 In consideration of you agreeing to abide by the terms of this Trial Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Software for the trial period only (the Trial Period), solely for the purposes of evaluating the Software and deciding whether to take a full licence of the Software.
2.2 You acknowledge and agree that the Software will automatically "time out" (that is to say, cease to operate) at the end of the Trial Period and you will not be able to create or update galleries (defined in Condition 4 below) after that date although you will be able to use completed galleries after that date if you have not at that time accepted a full licence of the Software. Please note however that any galleries created under this Trial Licence will be marked as property of Gosh and we have no obligation to store completed galleries on our servers.
2.3 You are entitled to use the Software for evaluation purposes only and may not make any back-up or archival copies.
3. Intellectual property rights
3.1 You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us (or, where applicable, our licensors), that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Trial Licence.
3.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
4. Your Gosh Galleries
4.1 During the Trial Period, you may use the Gosh gallery Software to create any number of galleries. Any galleries you create during the Trial Period may automatically carry the permanent Gosh logo. You must not at any time attempt to remove the Gosh logo from your Gallery(s) or alter it in any way.
4.2 You may use any galleries you create during the Trial Period for any purpose (including commercial purposes), but will not be permitted to on sell or license anyone to use the galleries without maintaining a fully paid up licence with us.
4.3 Please also be aware that your use of any third party materials (such as text, graphics, images, audio, video or data files) (Third Party Content) which are socially sourced and presented in your gallery or galleries will be subject to the terms on which you are permitted to use any such Third Party Content. These terms may place restrictions and/or limitations on the purposes for which you may use any such Third Party Content, which may also affect your ability to use the gallery for the purposes permitted under condition 4.1 above. The content is provided on the gosh gallery with full accreditation of the owner/originator of the content. You are responsible for ensuring that such ownership rights are fully acknowledged when you use theThird Party Content for the intended purpose. We accept no responsibility for your use of Third Party Content.
4.5 During the Trial Period you will not be able to purchase Premium functionality through Gosh.
4.6 You will indemnify us and hold us harmless against any loss, damage and/or costs (including all legal fees) which we may suffer or incur as a result of:
- your breach of any terms applicable to your use of Gosh gallery Content or Third Party Content; and/or
- any claim or action that any gallery (or part of any gallery) created by you, or use of any such gallery or part gallery, infringes the Intellectual Property Rights of a third party; and/or
5.1 Save for death and personal injury caused by our negligence and in light of the terms providing you with free access for a limited period for evaluation purposes only, we will have no liability of any kind in any circumstances (whether direct or indirect) whatever to you in respect of the Software or Documents. In particular, we will have no liability in any circumstances for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage or loss of or failure to store or keep your completed galleries on our servers. You agree that you have sole responsibility for protecting your data during evaluation of the Software.
5.2 We give no representations, conditions, warranties or other terms of any kind in respect of the Software, and all statutory warranties and conditions are excluded to the fullest extent possible.
5.3 If you are unhappy with the Software for any reason, or if the Software (or any element of it) and/or any Gallery created using the Software fails to function as you expect, your sole remedy will be to cease all use of the Software and delete it and your account details from your website/computer.
6.1 During the Trial Period we may terminate this Trial Licence immediately by giving you written notice if you are in breach of any of your obligations under it. You may terminate this Trial Licence at any time during the Trial Period immediately by ceasing your use of the Software or by accepting a full licence for the Software (in which case the terms of the full licence shall apply).
7. Other important terms
7.1 If you wish to contact us in writing, or if any condition in this Trial Licence requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to email@example.com or Tapastreet limited, 36 Dame Street, Dublin 2 , Ireland. We will confirm receipt of this by contacting you in writing, normally by e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail
7.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Trial Licence that is caused by any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
7.3 Each of the conditions of this Trial Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
7.4 This Trial Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Irish law. We both irrevocably agree to the exclusive jurisdiction of the courts of Ireland.