License Agreement

This is IMPORTANT information – Please read this Agreement carefully.  By selecting to download the Software you agree to accept the terms of this Agreement:

This Licence Agreement (the ‘Agreement’) an agreement binding in law between you the customer ( ‘You’), an owner of a particular  Oyster product (the ‘Product’) and Oyster (‘Us’) for the use of the Software
(as defined below) and this website (the ‘Website’).

The Software may from time to time contain copyrighted open source software programs.

Clause 1

You are granted the right to download, install and use one copy of each of the updates to the Software provided through the Website (the ‘Software’) on a single Product but only for installation in the specific Product.
The Software also includes any updates, fixes or additional features which may be provided by Us to You.
By downloading, accessing or otherwise using the Software You agree to be bound by the terms of
this Agreement.

Clause 2

a) You may not modify, decompile, reverse engineer or disassemble the Software.
b) The Software and/or Website is provided for your personal and non-commercial use. You may not sell, or otherwise transfer it for valuable consideration, nor provide it to third parties' to use whether free of charge or not.
c) You may not use the Software and/or Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Software other than on Your Oyster product.
d)  You agree that you will only use or download the correct Software pertaining to Your Product and Oyster does not accept any responsibility for any damage, defect or fault of any description caused by You downloading or using the wrong Software on the wrong Product.

Clause 3

a) In all cases, all rights and titles, including but not limited
to proprietary right, copyright patent, trademark and any other
intellectual property right, to the Software remain the property
of Oyster or its licensors.
b) You may not remove, modify or alter any of Oyster’ or it’s licensor’s
copyright or trademark notice from any part of the Software.

Clause 4

Oyster reserves the right (i) to alter, amend, change or discontinue any or all content of the Website including the Software, (ii) to interrupt or discontinue operation of the Website or provision of the Software, and (iii)
to update the Agreement, at any time without prior notice to You. Oyster accepts no responsibility for any harm or loss to You that may arise through such change, discontinuation, or interruption.

Clause 5

No warranty or guarantee is provided as to the operation of the Software or the Website.

Oyster and any of its affiliated companies or Licensors disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Software and Website.  Further, to the maximum extent permitted by applicable law, in no event shall Oyster and any of its affiliated companies be liable for any special,
incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or Website, even if advised of the possibility of such damages.  You agree not to take the Software outside of the EU nor transport it or use it outside of the EU.

Clause 6

Without prejudice to any of Oyster’ other rights, Oyster may terminate this Agreement if You fail to comply with any of the terms and conditions of this Agreement  or lose possession of the Product. In such event, You must cease the use of the Software and Website.

Clause 7

This Agreement shall be governed and construed under the laws of
England & Wales.