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Terms
& Conditions
Thank you for trying out Progigger! This page contains the terms and
conditions ("Terms and Conditions") for all Progigger products
– By downloading Progigger you agree to these Terms and
Conditions. Personal or Internal Business Use Only Progigger is
licensed to you for your personal or internal business use only and
must be used in compliance with all applicable laws, rules and
regulations. If you want to make commercial use of Progigger, including
but not limited to selling or distributing Progigger for payment, you
must enter into a separate written agreement with Progigger. If you are
asked to register with Progigger you must provide complete and accurate
identification, contact, and other information required as part of the
registration process. Prohibited Actions You may not: (a) distribute
Progigger or any services or software associated with or derived from
it (b) sub-licence your right to use Progigger; (c) modify, copy,
adapt, translate, prepare derivative works from, decompile, reverse
engineer, disassemble or create derivative works from Progigger (except
to the extent such acts are permitted by law, notwithstanding a
contractual prohibition); or (d) extract significant portions of
Progigger's files for use in other applications. If you wish to do any
of these prohibited acts, please contact Progigger by visiting
www.progigger.co.uk. Information Practices Protecting users’
privacy is very important to Progigger. As a condition of downloading
and using Progigger, you agree to the terms of the Progigger Privacy
Policy. Intellectual Property You acknowledge that Progigger or third
parties own all right, title and interest in and to Progigger, and
software or content provided through or in conjunction with Progigger,
including without limitation all Intellectual Property Rights.
"Intellectual Property Rights" means any and all patent rights,
copyright, trade secrets, trade and service marks, design rights,
rights in or relating to databases, rights in or relating to
confidential information and any other intellectual property rights
throughout the world, whether registered or unregistered and including
applications for any such rights. You agree to (and agree not to allow
third parties to) not remove, obscure, or alter Progigger's or any
third party's copyright notice, trade marks, or other proprietary
rights notices affixed to or contained within or accessed in
conjunction with or through Progigger. Feedback If you have comments on
Progigger or ideas on how to improve it, please email
info@progigger.co.uk. Please note that by doing so, you also grant
Progigger and third parties permission to use and incorporate your
ideas or comments into Progigger (or third party software or content)
without further compensation. Changes to Terms and Conditions Progigger
may update these Terms and Conditions from time to time. If you do not
agree with any changes to the Terms and Conditions, from time to time,
please do not continue to use Progigger. Disclaimer If you are a
consumer, nothing in these Terms and Conditions shall affect your
statutory rights. To the fullest extent permitted by law, Progigger is
provided "as is". To the fullest extent permitted by law, Progigger
disclaims all implied warranties, conditions and others terms
including, without limitation, those regarding the security,
reliability, timeliness, and performance of Progigger. Limitation of
Liability Nothing in these Terms and Conditions shall exclude or limit
liability for: (a) death or personal injury resulting from the
negligence of either party or their servants, agents or employees; (b)
fraud or fraudulent misrepresentation; (c) breach of any implied
condition as to title or quiet enjoyment; or (d) any liability which
may not by law be excluded. Subject to the first paragraph of this
clause, neither party shall be liable under or in relation to these
Terms and Conditions or their subject matter (whether such liability
arises in tort (including negligence), beach of contract,
misrepresentation or otherwise) for: (a) any economic losses
(including, without limitation, loss of revenues, profits, contracts,
data, business, anticipated savings); (b) the cost of obtaining similar
or substitute services from anyone; (c) any loss of goodwill or
reputation; or (d) any special, indirect or consequential losses; in
each case, whether or not such losses were within the contemplation of
the parties at the date of acceptance of these Terms and Conditions.
Subject to the first paragraph of this clause, Progigger’s
total liability under or in relation to these Terms and Conditions or
their subject matter (whether such liability arises in tort (including
negligence), beach of contract, misrepresentation or otherwise) shall
not exceed £5. Subject to the first paragraph of this clause:
(a) under no circumstances shall Progigger be liable to any user on
account of that user's misuse of Progigger; and (b) neither party shall
be liable for any matter which is outside that party’s
reasonable control. Miscellaneous Provisions These Terms and Conditions
will be governed by and construed in accordance with the laws of
England and Wales and you and Progigger hereby submit to the exclusive
jurisdiction of the English courts in respect of any dispute or matter
arising out of or connected with these Terms and Conditions.
Notwithstanding the preceding sentence, nothing in these Terms and
Conditions shall restrict or limit Progigger seeking injunctive or
similar relief in any jurisdiction. If for any reason a court of
competent jurisdiction finds any provision or portion of these Terms
and Conditions to be unenforceable, the remainder of these Terms and
Conditions will continue in full force and effect. Progigger may assign
its rights and/or obligations under these Terms and Conditions (in
whole or in part), at any time, without your consent. These Terms and
Conditions constitute the entire agreement between the parties with
respect to the subject matter hereof and supersede and replace all
prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. Any waiver of any provision of these
Terms and Conditions will be effective only if in writing and signed by
Progigger and/or a third party who makes its software and/or content
available in conjunction with or through Progigger. Nothing in these
Terms and Conditions shall create or confer any rights or other
benefits whether pursuant to the Contracts (Rights of Third Parties)
Act 1999 or otherwise in favour of any person other than the parties to
these Terms and Conditions, except that this clause shall not restrict
or limit the rights of any lawful assignee under these Terms and
Conditions to exercise the rights and benefits conferred on him by the
assignor.

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