END USER LICENSE AGREEMENT FOR BUZAN’S IMINDMAP

IMPORTANT - READ CAREFULLY PRIOR TO INSTALLING THE SOFTWARE ON YOUR COMPUTER:

Buzan Online Ltd owns the copyright, trade mark, trade names, patents and other intellectual property rights subsisting in or used in connection with the enclosed software including all documentation and manuals and all other copies which you are authorised to make by this agreement ('the Software').

This is a legal agreement between "You" (either an individual or single legal entity) and Buzan Online Ltd. governing the use of the Software product identified above. By installing the enclosed Software on your computer, you agree to the terms of this Agreement. If you do not agree to these terms, prior to loading the Software on your computer, you should not install the Software onto any computer.

The type of License offered you by this Agreement (for "annual" or "perpetual" use) is listed on your confirmation of order document and your invoice (whether electronic or paper based.)

It is unlawful to load the Software into a computer without a License. Buzan Online Ltd. are willing to License the software to you only on the condition that you accept all the terms contained in this license agreement. Please read this License agreement carefully before installing the Software on any computer. By installing the Software you agree to be bound by the terms of this agreement. If you do not agree with these terms and conditions Buzan Online Ltd. are unwilling to License the software to you, and you should not install the Software.

If you are installing the Software for use with an Evaluation License, you are allowed to use the Software for a period of 30 days per version. At the end of the evaluation period, this limited License will terminate and you may not use or install the Software again, unless you have purchased a full License of the Software.

1. License

In consideration of your agreement to the terms of this Agreement, we grant You a perpetual, non-exclusive right to use the Software in accordance with clause 2 below. This License is personal to you as the purchaser of the Software and is for your benefit only. If You are an individual acquiring the Software for use at home or your office, the License terms apply to You. If are a business, commercial entity or government agency, the terms of the License apply to your current employees. If You are an educational institution, the License terms apply to the faculty and teaching staff employed by You and registered students enrolled at a site operated by You. If You utilise any of the Clipart or Animations supplied with, or accessed by, the Software, You must agree to the separate Image Licensing Agreement.

1.1 Terms and Conditions Applicable to Perpetual Use Licenses

You are granted a License to use this Software in perpetuity, subject to the terms, fees, conditions, restrictions, and limitations contained herein and on the applicable Buzan Online Ltd. Price List. As the Licensee, You may install and use the Software on any compatible computer, even if attached to a network. A second copy of the Software may also be installed on a second computer for your limited and exclusive use, provided that the Software is not used on more than one computer at any one time. If you have purchased a Multiple User License, you may install the software on additional computers or a network server, so long as the number of concurrent authorised users does not exceed the number of Licenses purchased. Buzan Online Ltd. will provide reasonable amounts of technical support to Registered Users for so long as this Software is generally distributed by Buzan Online Ltd. to customers, and for one (1) year thereafter.

1.2 Terms and Conditions Applicable to Annual Use Licenses

You are granted a License to use this Software for a period of one year, subject to the terms, fees, conditions, restrictions and limitations contained herein and on the applicable Buzan Online Ltd Price List. The annual License fee from our then-current Price List governs the number of users permitted to use this Software. The number of Licensed users of the Software may be increased during the term(s) of this License by paying additional user fees for the time remaining in your then-current License term. This License may be renewed for additional one-year terms by paying the then-current annual License fee, or by issuing to Buzan Online Ltd. a written purchase order or other written or electronic confirmation of your intent to renew. All terms and conditions of this Agreement will apply during the renewal term(s). Buzan Online Ltd. will provide routine maintenance to Registered Users during the term(s) of the License, including reasonable amounts of technical support and all program updates and new releases of the Software as they become available.

2. Permitted use

As purchaser of an authorised copy of the Software, you may, subject to the following conditions:

2.1 Install and use the Software and Manuals (where available) in connection with a single computer;

2.2 Install the Software on a second computer which is under your control, provided that the Software is only used on one computer at any one time. For example, if you acquired a Single User License for business purposes and have installed the software on a single stand-alone computer, you may, for your convenience, install it on your portable or home computer so long as the software is not used on both computers concurrently. If the Software is to be used on both computers at the same time, You must purchase another License;

2.3 Install and use the Software on a network, provided that You have purchased a License for the number of users that will access the Software over that network. You may concurrently use the number of copies of the Software authorised by your purchase. To run the Software on more computers, machines, networks or servers, You must obtain additional Licenses;

2.4 transfer the Software from one computer to another provided that the Software is used on only one computer at a time;

2.5 copy the Software for back-up and archival purposes and make up to two copies of the documentation (if any) accompanying the Software, provided that the original and each copy is kept in your possession and labelled and that your installation and use of the software does not exceed that allowed by this Agreement;

2.6 transfer the Software, on a permanent basis only, to another person by transferring all copies of the Software to that person and/or destroying copies not transferred. The other person must agree to the terms of this Agreement and on such a permanent transfer, the License of the Software to you will automatically terminate.

3. Restrictions on use

You may not nor permit others to:

3.1 load the Software into three or more computers at the same time. A Single User License entitles You to install the software on a maximum of two computers which are under your control. If you wish to transfer the Software to a third computer, you must first erase the Software from the one of your current hard drives before you install it onto another hard drive;

3.2 sub-License, assign, rent, lease or transfer the license or the Software or make or distribute copies of the Software except as permitted by this Agreement;

3.3 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software except as permitted by law;

3.4 make copies of the Software, in whole or part, except for back-up or archival purposes as permitted in this license;

3.5 use any back-up copy of the Software for any purpose other than to replace the original copy in the event that it is destroyed or becomes defective;

3.6 copy the written materials (except as provided by this Agreement) accompanying the Software;

3.7 adapt, modify, delete or translate the written material accompanying the Software in any way for any purpose whatsoever;

3.8 vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software.

4. Undertakings

You undertake to:

4.1 ensure that, prior to use of the Software by your employees or agents, all such parties are notified of this license and the terms of this Agreement;

4.2 reproduce and include our copyright notice (or such other party's copyright notice as specified on the Software) on all and any copies of the Software, including any partial copies of the Software;

4.3 hold all drawings, images, specifications, data (including object and source codes), software listings and all other information relating to the Software, confidential and not at any time, during this License or after its expiry, disclose the same, whether directly or indirectly, to any third party without our consent.

5. Title

As Licensee you own only the diskette or medium on which the Software is recorded or fixed. You may retain the media on termination of this Agreement provided the Software is erased. Buzan Online Ltd. shall at all times retain ownership of the Software.

6. Warranty

Subject to clause 6.2, Buzan Online Ltd. warrants that for a period of 90 days from the date of your purchase of the Software ('the Warranty Period'):

6.1 The medium on which the Software is recorded (if supplied by Buzan Online Ltd.) will be free from defects in materials and workmanship under normal use. If the diskette fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain (at the option of Buzan Online Ltd) a replacement free of charge during the warranty period with a dated proof of purchase.

6.2 The copy of the Software in this package will materially conform to the documentation that accompanies the Software. If the Software fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the Software and the documentation to Buzan Online Ltd or to your supplier during the warranty period, along with dated proof of purchase, specifying the problem, and you will be provided with a new version of the Software or a full refund (at the discretion of Buzan Online Ltd.)

6.3 Buzan Online Ltd. shall not be liable under the warranties given in clause 6.1 above if the diskette or the Software fails to operate in accordance with the said warranty as a result of any modification, variation, or addition to the Software not performed by us or caused by any abuse, corruption or incorrect use of the diskette or Software, including use of the Software with equipment or other software which is incompatible.

7. Disclaimer

It is not warranted that this Software will meet your requirements or that its operation will be uninterrupted or error free. Buzan Online Ltd. exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.

8. Liability

8.1 Liability to you for any losses shall not exceed the amount you originally paid for the Software.

8.2 In no event will Buzan Online Ltd be liable to you for any indirect or consequential damages, or loss of profit, when using the Software, even after being advised of the possibility of such damages. In particular, no liability is accepted for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.

8.3 Nothing in this Agreement limits liability for fraudulent misrepresentation or liability to you in the event of death or personal injury resulting from Buzan Online Ltd. negligence.

8.4 You acknowledge and agree that the limitations contained in this clause are reasonable in the light of all the circumstances.

9. Termination

9.1 The Agreement and the License granted to use the Software automatically terminates if you:

9.1.1 fail to comply with any provisions of this Agreement;

9.1.2 destroy the copies of the Software in your possession;

9.1.3 voluntarily return the Software to us.

9.1.4 are on an annual License, the period 12 months following the date you purchased the Software.

9.2 In the event of termination in accordance with clause 9.1 you must destroy or delete all copies of the Software from all storage media in your control.

10. Refund Policy

Buzan Online Ltd offers a 7 day free trial of iMindMap to all users. We would ask that you use this "try-before-you-buy" version to ensure that it is compatible with your computer systems and it satisfies all of your requirements before purchasing the full version.

If you experience any problems with our software, please contact our Technical Support Team support@buzanonline.com for help.

All sales are final and refunds are provided only for accidental duplicate orders. Refunds will only be made to the credit card or PayPal account through which the original purchase was made.

Ordering a software license signifies your acceptance of this Refund Policy.

11. Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or Buzan Online Ltd. from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at the discretion of Buzan Online Ltd., such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

12. Entire agreement

You have read and understand this Agreement and agree that it constitutes the complete and exclusive statement of the Agreement respect to the subject matter of this Agreement.

13. Assignment

This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without prior written consent from Buzan Online Ltd.

14. Waiver

Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this License nor prejudice that party's right to take subsequent action.

15. Law and disputes

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.

Buzan Online Limited
Regus House
Falcon Drive
Cardiff
CF10 4RU

Facsimile: +44 (0) 20 71 174 887

Email: info@buzanonline.com