MySnookerStats.Com End User Licence Agreement – Functional Software Application (“Agreement”)

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, (“YOU”) AND MYSNOOKERSTATS.COM LIMITED (“MYSNOOKERSTATS.COM”) GRANTING YOU THE RIGHT TO DOWNLOAD, STORE AND USE THE MYSNOOKERSTATS.COM SNOOKER STATISTICS SOFTWARE APPLICATION (THE “SOFTWARE”) ON YOUR WIRELESS MOBILE DEVICE (“MOBILE PHONE”) AND USE THE MYSNOOKERSTATS.COM WEBSITE (THE “WEBSITE”). BY DOWNLOADING THE SOFTWARE TO YOUR MOBILE PHONE OR BY SIGNING THIS AGREEMENT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. LICENCE GRANT. In consideration of payment by You of the licence fee (the “Licence Fee”) to MySnookerStats.Com, MySnookerStats.Com grants to You a non-transferable, non-exclusive licence to download, store and use one copy of the Software on one Mobile Phone. A separate payment by You of the subscription fee (the “Subscription Fee”) gives you the right to upload Your snooker scores and data (the “Snooker Data”) from your Mobile Phone to the Website, and to access, via a username and password, Your personal user space on the Website so as to access, view, retrieve and manipulate Your uploaded Snooker Data for the period of one year.

2. RESTRICTIONS. You may only use the Software on the Mobile Phone which You originally downloaded the Software to. If You wish to use the Software on another Mobile Phone You will need to purchase another licence for the Software from MySnookerStats.com. If You change your Mobile Phone during the term of this Agreement you will need to email MySnookerStats.Com from the Website to obtain a free re-download of the Software.

3. IP RIGHTS. The Software (including the look and feel of the snooker statistics application as it appears on Your Mobile Phone and the Website) and the Website contain trade secrets and proprietary information owned by MySnookerStats.Com or its third party licensors which are protected by appropriate intellectual property laws. All right, title and interest in and to the Software and the Website, including all associated intellectual property rights, are and shall at all times remain with MySnookerStats.Com and its third party licensors. You may not disclose, copy (other than as required for the normal use of the Software), transfer or transmit the Software, electronically or otherwise, for any purpose and may not share it with others nor may you sublicense, assign, transfer, sell, rent, lend or lease the Software to any third party. You may not reverse engineer, disassemble, decompile or make any attempt to ascertain, derive or obtain the source code for the Software or Website. “MySnookerStats.Com” is a trade mark owned by MySnookerStats.Com.

4. LIMITED WARRANTY. For a period of thirty (30) days from the date on which You downloaded the Software to your Mobile Phone (the “Warranty Period”), MySnookerStats.Com warrants that the Software will perform substantially in accordance with the description of the application on the Website, provided that the Software is downloaded to a Mobile Phone, the make and model of which is listed on the Website as being compatible with the Software and in accordance with MySnookerStats.Com’s instructions (if any). If during the Warranty Period the Software fails to comply with this warranty, MySnookerStats.Com’s entire liability and Your exclusive remedy will be replacement of the Software or a refund of the Licence Fee, at MySnookerStats.Com’s option.

5. MAINTENANCE. Payment of the Licence Fee entitles You to (i) code corrections and fixes (“Updates”); and (ii) new releases, updates and enhancements to the Software (“Enhancements”) that are made available without additional charge to MySnookerStats.Com’s general client base (provided that MySnookerStats.Com reserves the right to charge separately for new releases of the software that includes substantial new functionality and any change in the operating system or database. You are responsible for (i) installing all Updates and Enhancements to the Software; and (ii) upgrading any hardware and memory on the Mobile Phone on which You download and use the Software.

6. NO OTHER WARRANTIES. MySnookerStats.Com does not and cannot warrant the performance or results obtained by you in using the software, or that the Software will meet Your requirements or that the operation of the software will be uninterrupted or error free on your mobile Phone. The software is provided and licensed “as is” and MySnookerStats.Com expressly disclaims any and all other warranties with respect to the Software, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

7. LIMITATION ON LIABILITY. IN NO EVENT WILL MYSNOOKERSTATS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, GOOD WILL, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR FROM DOWNLOADING OR STORING THE SOFTWARE ON YOUR MOBILE PHONE, EVEN IF MYSNOOKERSTATS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MYSNOOKERSTATS.COM’S LIABILITY EXCEED THE LICENCE FEES PAID BY YOU. MySnookerStats.Com also excludes any and all loss, damage, costs and expenses (including legal expenses) arising as a result of or from downloading, using and storing the software on your mobile Phone, including, but not limited to any such losses, costs, damages, and expenses arising from loss of data or infection of your mobile phone or computer equipment by any software viruses, worms, trojan horses, bombs or any other malicious code. the total aggregate liability of mysnookerstats.com under this agreement is limited to the Licence Fee.

8. TERM AND TERMINATION. This licence for use of the mobile phone software is effective from the date on which you download the Software to Your Mobile Phone and may be terminated at our option upon your failure to comply with any material term of this Agreement. The licence for the uploading of your snooker data to the Website is effective for one year from the date on which you pay the Subscription Fee. In the event of termination, all the sections of the licence will survive except the Licence Grant and Maintenance sections.

9. MISCELLANEOUS. If any court of competent jurisdiction declares any term of this Agreement void or unenforceable, that declaration shall have no effect on the remaining terms hereof. The failure by either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach of this Agreement will not be deemed a waiver by that party as to the subsequent enforcement of rights or subsequent actions in the event of future breaches. Neither party shall be liable for any delay, nonperformance or related damages if such delay or nonperformance was due to causes beyond its reasonable control, including, but not limited to acts of God, civil emergencies, electrical power failure, loss of communications, or the delay of the other party or third parties.

10. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of England and Wales. The parties submit to the non-exclusive jurisdiction of the English courts, provided that MySnookerStats.Com shall be entitled to commence proceedings of whatever nature to protect its intellectual property rights and confidential information in any jurisdiction which will accept suit.