AGREED TERMS

1. GRANT AND SCOPE OF LICENCE, MINOR CHANGES, UPDATES AND UPGRADES
1.1 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 in the UK on the terms of this Licence.
1.2 You may:
(a) install and use the Software only:
(i) on one central processing unit (CPU) if the Licence is a single-user licence or the Software is for single use; or
(ii) if the Licence is a multi-user or network licence, for the number of concurrent users agreed between you and us,
as permitted by terms of the Head Licence Agreement, for legitimate hospital business purposes only;
(b) provided it is used at any one time on only one computer owned or leased by you, transfer the Software from one computer to another;
(c) provided you comply with the provisions in paragraph 2, make up to [2] copies of the Software for back-up purposes; and
(d) 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 (but see paragraph 1.3 and paragraph 1.4); and
(e) use any Documentation in support of the use permitted under paragraph 1.2 and make up to [2] copies of the Documentation as are reasonably necessary for its lawful use.
1.3 We may update or require you to update the Software, provided that the Software shall always match the description of it that we provided to you before you bought it.
1.4 The Software may be upgraded to reflect changes in the Operating System. The Software will work with the current or previous version of that Operating System (as it may be updated from time to time).

2. RESTRICTIONS Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) 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;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Documentation nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(c) not to disassemble, de-compile, 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 sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
(i) is used only for the Permitted Objective;
(ii) 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 in order to achieve the Permitted Objective; and
(iii) is not used to create any software that is substantially similar in its expression to the Software;
(d) 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;
(e) to include our copyright notice on all entire and partial copies of the Software in any form;
(f) 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 us;
(g) to comply with all applicable technology control or export laws and regulations;
(h) not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software or any operating system;
(i) not infringe our intellectual property rights or those of any third party in relation to your use of the Software;
(j) not use the Software to transmit any material that is defamatory, offensive or otherwise objectionable;
(k) not use the Software in a way that could damage, disable, overburden, impair or compromise security or interfere with other users; and
(l) not use the Software to collect or harvest any information or data to which you are not entitled.

3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software or the Documentation other than the right to use the Software and the Documentation in accordance with the terms of this Licence.
3.2 You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.

4. SUPPORT FOR MYPORTER AND HOW TO TELL US ABOUT PROBLEMS
4.1 If you want to learn more about MyPorter or have any problems using them please take a look at our support resources at www.myporterlogistics.com.
4.2 If you think MyPorter is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@globalviewsystems.co.uk or call them on +44 (0)1482 772708. We provide maintenance and support services (including responding to requests for technical support) subject to the terms of the relevant Head Licence Agreement.
4.3 If we have to contact you we will do so by email, or by telephone, using the contact details you have provided to us.

5. PASSWORDS AND LOGIN DETAILS
You will be given all applicable passwords and login details to use in connection with the Software. You are responsible for maintaining the confidentiality of these passwords and login details. These are not transferable between computer hardware, and in the event that you require installation on new computer hardware new passwords and/or login details may be required. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

6. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
6.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
6.4 We are not liable for business losses. The Software is for domestic and private use. If you use the Software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.5 Please back-up content and data used with the Software. We recommend that you back up any content and data used in connection with the Software, to protect yourself in case of problems with the Software.
6.6 Check that the Software is suitable for you. 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.
6.7 We are not responsible for events outside our control. If our provision of the Software or support for the Software is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

7. WE MAY END YOUR RIGHTS TO USE THE SOFTWARE IF YOU BREAK THESE TERMS
7.1 We may terminate this Licence immediately and end your rights to use the Software at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
7.2 Upon termination for any reason, your rights to use the Software are ended and:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities authorised by this Licence; and
(c) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

8. Communications between us
8.1 If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by pre-paid post to Global View Systems Limited at Cedar House, Hazell Drive, Newport, South Wales, United Kingdom NP10 8FY, or by email to support@globalviewsystems.co.uk. We will confirm receipt of this by contacting you in writing, normally by email.
8.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.

9. HOW WE MAY USE YOUR PERSONAL INFORMATION
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

10. YOU MAY NOT TRANSFER MYPORTER TO SOMEONE ELSE
We are giving you personally the right to use MyPorter as set out above. You may not otherwise transfer the Software to someone else, whether for money, for anything else or for free. If you sell any device on which the Software is installed, you must remove the Software from it.

11. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

12. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

13. CHANGES TO THESE TERMS
13.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
13.2 We will give you at least 30 days’ notice of any change by sending you details of the change or notifying you of a change when you next start using MyPorter. If you do not accept the notified changes you will not be permitted to continue to use MyPorter.

14. NO RIGHTS FOR THIRD PARTIES
This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence.

15. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.