CPSolve

THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND HOY MOON LIMITED ("HOY MOON", COMPANY NO. 6214527, REGISTERED IN ENGLAND) FOR THE HOY MOON "CPSolve" SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE AND ANY ASSOCIATED MEDIA, PRINTED MATERIALS, "ONLINE" OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES ("SOFTWARE"). BY USING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE.

1. GRANT OF LICENCE.

   In exchange for You paying the price for the Software or product containing the Software, Hoy Moon grants to You a non-exclusive, non-transferable License to use the Software on any iPhone or iPod touch that you own or control.

2. TERM.

   Your license to use the Software will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this EULA, you must destroy all copies of the Software.

3. INTELLECTUAL PROPERTY RIGHTS.

   Hoy Moon reserves all rights not expressly granted to You in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Hoy Moon or its suppliers own the title, copyright, and all other intellectual property rights in the Software. The Software is licensed, not sold, to You by Hoy Moon.

4. RESTRICTIONS.

   You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law. You may not rent, lease, loan, sublicense, resell or otherwise transfer rights to the Software. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by Hoy Moon.

5. PROHIBITIONS.

   You warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

6. ADDITIONAL SOFTWARE/SERVICES.

   This EULA and any amendment or addendum to this EULA applies to updates, supplements, or add-on components of the Software that Hoy Moon may provide to You or make available to You at its discretion, after the date You obtain your initial copy of the Software.

7. WARRANTY DISCLAIMER.

   THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOY MOON DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION AND NON-INFRINGEMENT. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. HOY MOON MAKES NO WARRANTY THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE.
HOY MOON'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, FOR ANY BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT HOY MOON'S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE UP TO A MAXIMUM OF THE LIST PRICE HOY MOON CHARGES FOR A LICENSE TO THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

8. LIMITATION OF LIABILITY.

   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL HOY MOON OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, WORK STOPPAGE, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL HOY MOON BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE HOY MOON CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF HOY MOON SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO NOT ALL OF THIS LIMITATION AND EXCLUSION MAY APPLY TO YOU.

   THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR FOR APPLICATIONS WHICH INVOLVE THE RISK OF LOSS OF OR DAMAGE TO PROPERTY EXCEEDING THE VALUE OF THE LIST PRICE HOY MOON CHARGES FOR A LICENSE TO THE SOFTWARE. HOY MOON EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES. YOU AGREE THAT HOY MOON WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.

9. SUPPORT.

   Hoy Moon will provide support for the Software to the extent and as detailed at www.hoymoon.net/support

10. APPLE INC.

    Apple Inc. and its subsidiaries ("Apple") are a third party beneficiary of this EULA, and upon Your acceptance of this EULA, Apple has the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.

    This EULA is concluded between You and Hoy Moon; Apple is not responsible to You for the performance of Hoy Moon or the Software under this EULA in any way. Apple has the right to refund the purchase price of the Software to You, should you notify Apple that the Software does not confirm to any applicable warranty.

    In addition to the provisions of this EULA, You warrant that you will comply with the Usage Rules set forth in the Apple App Store Terms of Service.

11. GENERAL.

    This EULA (in its current form, as amended from time to time and posted on Hoy Moon's then website) constitutes the entire agreement between You and Hoy Moon relating to the Software and the support services (if any), and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Hoy Moon policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall prevail over such conflicting provisions. 
This EULA is binding on You and Hoy Moon and on any respective successors and assigns. Hoy Moon may transfer, assign, charge, sub-contract or otherwise dispose of this EULA, or any of its rights or obligations arising under it, at any time. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Hoy Moon or a duly authorized representative of Hoy Moon. If any provision of this EULA is held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this EULA if no such modification is possible, and the remainder of this EULA shall continue in full force and effect.
All notices given by You to Hoy Moon must be given to Hoy Moon Limited at Churchdown Chambers, Bordyke, Tonbridge, TN9 1NR, United Kingdom. Hoy Moon may give notice to You at your most recent address (be it physical or e-mail) known to Hoy Moon, and/or through a notice posted on Hoy Moon's then website. Notice will be deemed received and properly served 24 hours after an e-mail is sent, 24 hours after posting on Hoy Moon's website, or three days after the date of posting of any letter. This license shall be governed and construed in accordance with the laws of England and Wales. Subject to Hoy Moon being entitled to enforce the terms of this EULA in any court or jurisdiction that it sees fit, any dispute arising from or related to this EULA shall be subject to the exclusive jurisdiction of the courts of England and Wales. Where You use the Software outside of England and Wales, the local law may impose greater restrictions on You that You must comply with. The parties confirm that it is their wish that this EULA has been written in the English language only.

12. ACKNOWLEDGEMENT.

    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.