By downloading or using TikiToki Desktop, TikiToki Desktop Demo or TikiToki Desktop Viewer,
you agree to the following terms and conditions:
TikiToki Desktop, TikiToki Desktop Demo, and TikiToki Desktop Viewer (collectively, the Licensed Applications) are licensed, not sold, to you. Your license for each of the Licensed Applications is subject to your prior acceptance of these End User License terms, and you agree that the terms will apply to each of the Licensed Applications you download or obtain in any other way. Your license to the Licensed Applications is granted by Webalon Ltd (the Licensor), the owner of the Licensed Applications. The Licensor reserves all rights in and to the Licensed Applications not expressly granted to you under these terms.
This license granted to you for the Licensed Applications by Licensor is limited to a nontransferable license to use the Licensed Applications on a device that you personally as an individual person own or control. This license does not allow you to use the Licensed Applications on any device that you do not own or control, and you may not distribute or make the Licensed Applications or any of their code/assets available over a network or in any other way. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Applications. You may not copy (except as expressly permitted by these terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Applications, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the products). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
You as the licensee agree to allowing the Licensed Applications to periodically check that the Licensed Applications are being used only by the licensee, and to temporarily disable the Licensed Applications if they cannot confirm that the person using them is the licensee. Users of the Chrome app version of the software agree and recognise that - in order to use the Licensed Applications - they will need to agree to the Licensed Applications's request for access to the Chrome web store api - and that they will periodically need to log in to the Chrome account they used for the purchase. They agree and recognise that failure to do so can render the Licensed Applications temporarily disabled.
The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Applications, unless such upgrade is accompanied by a separate license issued by the Licensor, in which case the terms of that license will govern.
You agree that the Licensed Applications contain proprietary content, information and material that is owned by the Licensor and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or the Licensor.
In particular, you agree not to use any of the Licensed Applications source code/assets to create timelines or timeline services on the web.
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Applications. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its Licensed Applications or to provide services or technologies to you.
The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Applications and destroy all copies, full or partial, of the Licensed Applications.
The Licensed Applications may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Licensor shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
You agree that the Services contain proprietary content, information and material that is owned by the Licensor and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or the Licensor.
No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the your device are not available in all languages or in all countries or regions. The Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You expressly acknowledge and agree that use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application ("services") are provided "as is" and “as available”, with all faults and without warranty of any kind, and the Licensor hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights.
The Licensor does not warrant against interference with your enjoyment of the licensed application, that the functions contained in or services performed or provided by the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that defects in the licensed application or services will be corrected. No oral or written information or advice given by licensor or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
To the extent not prohibited by law, in no event shall licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
This License Agreement is governed by the laws of the United Kingdom. Any disputes arising out of this Agreement shall be brought before the UK legal system, as the court of first instance. If Licensor raises the dispute, Licensor may also decide to bring a suit before the court where Licensee is domiciled.
The laws of the United Kingdom, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
We reserve the right to modify these end user license terms and conditions at any time and for any reason, with or without explicit notification to you. Continued use of the Licensed Applications after any such changes shall constitute your consent to such changes. It is the user's responsibility to check these Terms and Conditions from time to time.