Use or Distribution of Countryside For All Good Practice Guide
Fieldfare Trust Download Agreement
Definitions: Content produced by Fieldfare Trust Ltd shall be known as “the Materials”
You should carefully read the following terms and conditions before downloading “the Materials”. Unless you have a different license agreement signed by the Fieldfare Trust Ltd, your use or distribution of “the Materials” indicates your acceptance of this agreement and warranty.
Use of “the Materials” is contingent on your agreement to the following terms:
TERMS AND CONDITIONS 13/12/2005
By downloading the Countryside for All Good Practice Guide, you expressly agree to the following term and conditions detailed below.
Although the Fieldfare Trust attempts to ensure that all information contained on “the Materials” is error-free, we accept no liability for omissions, and reserve the right to change or alter the content of “the Materials” at anytime. The Fieldfare Trust does not make any warranty that the download is free from infection from viruses on the site.
THE FIELDFARE TRUSTÂ SHALL NOTÂ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE “THE MATERIALS”, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The laws of the United Kingdom govern these Terms and Conditions, without giving effect to conflict of laws provisions. The courts of the United Kingdom have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of this agreement. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.
In Consideration of the Purchase Fee (receipt of which Fieldfare acknowledges), Fieldfare grants the Purchaser the right to use “the Materials”
Rights and Obligation
All rights not expressly granted herein are reserved to Fieldfare.Â “The Materials” is not sold to the Purchaser who shall acquire any right title or interest in “the Materials”.Â The Purchaser shall not erase, remove, deface or cover any trade mark, copyright notice guarantee or other statement or any media containing “the Materials”.
The purchase of the Materials is for single user only, and must not be placed on an Intranet site.
The Purchaser shall only use “the Materials” in the normal course of its business or operation and shall not use “the Materials” for the purpose of operating any bureau or similar online service whatsoever .
If the Purchaser(s) include persons offering advice to the public the Purchaser may reproduce, transmit and store small quantities of text for the purpose of enabling them to provide advice
The Purchaser shall not sub-licence “the Materials” to others and this Agreement may not be transferred, sub-licensed, assigned or to otherwise disposed of in whole or in part.
The Purchaser shall inform Fieldfare on becoming aware of any unauthorised use of “the Materials”
The Fieldfare Trust accepts no responsibility for the links to or from its Materials and the inclusion of these links does not mean that the Fieldfare Trust endorses the material or content of these sites.
Fieldfare warrant that they have the necessary rights to grant this purchase of “the Materials” to the Purchaser.
Whilst reasonable care is taken to ensure accuracy and completeness of “the Materials” Fieldfare make no warranty express or implied that “the Materials” is free from errors or omissions
“The Materials” has not been supplied to meet the Purchaser’s individual requirement.Â It is the sole responsibility of the Purchaser to satisfy itself prior to entering in these Terms and Conditions that “the Materials” will meet the Purchaser’s requirements and be compatible with the Purchaser’s hardware/software configuration.Â Nor failure of any part of the Materials to be suitable for the Purchaser’s requirements will give any rise to Fieldfare.
Whilst all reasonable care has been taken to exclude computer viruses no warranty is made that “the Materials” is virus free.Â The Purchaser shall be responsible to ensure that no virus is introduced to any computer or network and shall not hold Fieldfare responsible.
Except where the Purchaser is dealing as a consumer (whose statutory rights are not affected)
i)Â Â Â Â Â Â Â Â Â the warranties in these Terms and Conditions are in place of any other conditions
and warranties either express or implied statutory or otherwise
ii)Â Â Â Â Â Â Â Â (save for death or personal injury caused by Fieldfares negligence or liability for
defective products) all other conditions and warranties either express of implied statutory or otherwise which relate to the condition and fitness for any purpose
of “the Materials” are hereby excluded.Â Fieldfare shall not be liable in contract or in tort for any loss of any kind suffered by reason of any defect in “the Materials”
(whether or not caused by the negligence of Fieldfare)
Limit of Liability
The Purchaser shall accept sole responsibility for and Fieldfare shall not be liable for the use of “the Materials” by the Purchaser
Fieldfare shall not be liable for any indirect or consequential loss suffered by the Purchaser (including without limitation loss or profits goodwill or data) in connection with “the Materials” howsoever arising.
Fieldfare shall have no liability whatsoever for any liability of the Purchaser to any third party which may arise
The total liability of Fieldfare in respect of nay direct loss or any other loss (to the extent that such loss is not excluded by these Terms and Conditions or otherwise) whether such a claim
arises in contact or in tort shall not exceed the sum equal to the Purchase Fee
Any delay or forbearance by Fieldfare in enforcing any provisions of these Terms and Conditions shall not be construed as a waiver or such provision or any agreement thereafter not to enforce the said provision.
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