End-User License Agreement

1. INTRODUCTION

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Gold Mountain Labs Ltd (t/a OpenInfo) ("we," "us," or "our") for the software application, website, or service that accompanies this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software").

By installing, accessing, or using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, access, or use the Software.

2. LICENSE GRANT

Subject to the terms of this EULA, Gold Mountain Labs Ltd hereby grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Software for your personal or internal business purposes strictly in accordance with the terms of this EULA.

This license does not allow you to use the Software on any device that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.

3. RESTRICTIONS ON USE

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Software.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Gold Mountain Labs Ltd or its affiliates, partners, suppliers or the licensors of the Software.
Use the Software in any way that violates any applicable local, state, national, or international law.
Use the Software for any purpose that Gold Mountain Labs Ltd considers is a breach of this EULA.

4. INTELLECTUAL PROPERTY

The Software and all copyrights, trademarks, and other intellectual property rights therein are the property of Gold Mountain Labs Ltd or its licensors. The structure, organization, and code of the Software are valuable trade secrets and confidential information of Gold Mountain Labs Ltd. The Software is protected by law, including but not limited to the copyright laws of the United Kingdom and other countries, and by international treaty provisions.

This EULA does not grant you any intellectual property rights in the Software other than those expressly set forth herein. You acknowledge that you have no right to have access to the Software in source code form.

5. TERMINATION

This EULA is effective from the date you first use the Software and shall continue until terminated. Your rights under this EULA will terminate automatically without notice from Gold Mountain Labs Ltd if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software.

Gold Mountain Labs Ltd may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice.

6. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GOLD MOUNTAIN LABS LTD, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

GOLD MOUNTAIN LABS LTD PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOLD MOUNTAIN LABS LTD OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE FOR:

PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR GOLD MOUNTAIN LABS LTD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Gold Mountain Labs Ltd and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Software or your breach of this EULA.

9. UPDATES AND MODIFICATIONS

Gold Mountain Labs Ltd reserves the right, at its sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.

Gold Mountain Labs Ltd may from time to time provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Software. You agree that Gold Mountain Labs Ltd has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Software to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Software, and (ii) subject to the terms and conditions of this EULA.

10. GOVERNING LAW

This EULA shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA or the Software shall be instituted exclusively in the courts of the United Kingdom. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. ENTIRE AGREEMENT

This EULA constitutes the entire agreement between you and Gold Mountain Labs Ltd regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between you and Gold Mountain Labs Ltd. You may be subject to additional terms and conditions that apply when you use or purchase other Gold Mountain Labs Ltd services, which Gold Mountain Labs Ltd will provide to you at the time of such use or purchase.

12. CONTACT INFORMATION

If you have any questions about this EULA, please contact us at support@open-info.co.uk or write to us at 105 Garstand Road, Preston, England, PR1 1LD.