1. IMPORTANT – Please read before using any of our software:

1.1. YOU ARE NOT REQUIRED TO ACCEPT THIS AGREEMENT, SINCE YOU HAVE NOT SIGNED IT. HOWEVER, NOTHING ELSE GRANTS YOU PERMISSION TO USE THIS SOFTWARE OR IT’S DERIVATIVE WORKS (THIS INCLUDES BUT NOT LIMITED TO ANY DOWNLOAD, INSTALLING, RUNNING, USING, VIEWING SOURCE CODE, MODIFYING, COPYING). THESE ACTIONS ARE PROHIBITED BY LAW IF YOU DO NOT ACCEPT THIS AGREEMENT. THEREFORE, BY USING ANY PART OF THIS SOFTWARE (OR ANY WORK BASED ON THIS SOFTWARE), YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND ALL ITS TERMS AND CONDITIONS.

1.2. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS 'SORTED SPAIN' IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD DESTROY ALL COPIES YOU HOLD OF ‘SORTED SPAIN’ SOFTWARE AND DERIVATIVE WORKS IMMEDIATELY.

1.3. This software is licensed, not sold. This Agreement only gives you some rights to use the software. 'SORTED SPAIN' reserves all other rights. You may use the Software only as expressly permitted in this agreement.

1.4. This Agreement may only be amended with the specific written permission of 'Sorted Spain'.

2. Definitions

The following words marked in bold will have specific meanings in this contract.

2.1. Agreement - Means the terms and conditions of this license agreement and any subsequent agreements which are subject to this license agreement.

2.2. SORTED SPAIN - SORTED SPAIN in this agreement refers to the Software owner; ‘SORTED SPAIN’ and is the trading name of Alastair Morton, fiscally resident autonimo in Spain NIF X5051768W.

2.3. Licensee – In this Agreement ‘Licensee’ shall mean the person to whom the license is granted.

2.4. Licensor - In this Agreement ‘Licensor’ shall mean ‘SORTED SPAIN’.

2.5. Consumer - You are a consumer if you are an individual not registering, using or planning to use the Software as part of a business, trade or profession.

2.6. Software - Means the generally available version of the Software; and any parts thereof, available from the ‘SORTED SPAIN’ web site or its associate web sites, together with all upgrades and enhancements provided to the Licensee.

2.7. Registration login - The login used to access the product, which is supplied when a license is purchased or subscribed to.

2.8. Private Use - Means for testing and demonstration purposes by the license holder only.

3. License Grant

Licensor grants Licensee a non-exclusive, non-transferable pre-registered single Website, single installation license to use Software for personal or business purposes, in accordance with clause 4 below, any copy must contain all of the original proprietary notices. This License does not entitle Licensee to receive from ‘SORTED SPAIN’ hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software unless specific Software has been purchased by the Licensee that clearly states otherwise.

4. Permitted Use

4.1. You may access one instance of the Software on to one registered location using the unique registration login from ‘SORTED SPAIN’.

4.2. You may access and update userfields in the Software, so long as it is permitted in this Agreement.

d) Client agrees that The Web Developer may include development credits and links within any code The Web Developer designs, builds or amends. If The Web Developer designs a web site for a Client then Client agrees that The Web Developer may include a development credit and link displayed on the Clients web site. If The Web Developer builds or amends a web site for a Client then Client agrees that The Web Developer may include a development credit and link displayed on the Clients web page, which may be within the code but not displayed on a web browser if requested by Client. Client agrees that The Web Developer reserves the right to include any work carried out for the Client in a portfolio of work.

5. Restrictions On Use

5.1. You shall not modify the Software to function in more than one instance or location (URL, domain, subdomain, etc.) from a single set of source program files unless each location is separately licensed.

5.2. You shall not brand the Software as your own or declare your own copyright on the Software.

5.3. You shall not reverse engineer, disassemble, or create derivative works based on the Software for use outside of the one installed instance or location.

5.4. You shall not distribute, resell, rent, lease, sublicense or otherwise supply to a third- party the Software even if it is modified or reverse engineered (including but not limited to any titles, computer code, trademarks, logos, themes, skins, objects, characters, dialog, icons, artwork, animation, sounds, methods of operation, moral rights, any related documentation, incorporated into this Program).

5.5. You shall not modify, delete or obscure any copyright notices or labels on each page of the Software and in emails sent by the Software (unless a brand free license is purchased)

5.6. You shall not modify, delete or obscure any copyright notices in the source code of each file.

5.7. You may not imply that 'SORTED SPAIN' endorses your own work or use any titles, trademarks, labels, or logos found in the Software in your own titles, products names, service names, or domain names.

5.8. You may not work around any technical limitations in the software.

5.9. You shall not use any part of the Software outside of the Software package, this includes, but not limited to, displaying or ‘hot linking’ to, icons, images and graphics.

5.10. You shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or in the Software.

6. Undertakings

You undertake to;
6.2. reproduce and include our copyright notice (or such other party's copyright notice as specified on the Software) on all and any copies of the Software, including any partial copies of the Software or it’s derivative works;

6.3. hold all drawings, specifications, data (including object and source codes), Software listings and all other information relating to the Software, confidential and not at any time, during this license or after its expiry, disclose the same, whether directly or indirectly, to any third party without our consent.

7. Ethical Use

YOUR USE OF ‘SORTED SPAIN’ SOFTWARE WILL NOT TARNISH THE REPUTATION AND INTEGRITY OF ‘SORTED SPAIN’ AND YOU CANNOT USE ‘SORTED SPAIN’ SOFTWARE IN REGARDS TO CONDONING OR PROMOTING; PORNOGRAPHY, NAZISM, TERRORISM, RELIGIOUS OR RACIAL HATRED, DEFAMATION OF AN INDIVIDUAL/ORGANISATION, SENDING UNSOLICITED SPAM EMAIL, PROMOTE OR PROVIDE PIRATED SOFTWARE, ANY ILLEGAL OR UNETHICAL ACTIVITY, OR ANYTHING ‘SORTED SPAIN’ DEEMS AS INAPPROPRIATE. THIS IS A ‘CORE ELEMENT’; FAILURE TO COMPLY WITH THIS CONDITION WILL CONSTITUTE A BREACH OF CONTRACT.

8. Term of License

The license shall remain in effect until terminated. You may terminate the license at any time by destroying all copies, modifications, or merged portions of the Software. It will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software, any and all copies, modifications, or merged portions in any form.

9. Title

All title, ownership rights and intellectual property rights in and to this Software and any and all copies thereof (including but not limited to any titles, computer code, trademarks, logos, themes, skins, objects, characters, dialog, icons, artwork, animation, sounds, methods of operation, moral rights, any related documentation, incorporated into this Software) are owned by ‘SORTED SPAIN’ or its licensors. This Software is protected by the copyright laws of Spain, international copyright treaties and conventions and other laws. This Software contains certain licensed materials and ‘SORTED SPAIN’ licensors may protect their rights in the event of any violation of this Agreement.

10. Termination

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions or cancels subscription payments or is in areas with payments due for the use of the software license. Upon termination, Licensee shall destroy the Software, any and all copies, modifications, or merged portions in any form. Termination of the license due to non-compliance will not result in any refunds of license fees.

11. DISCLAIMER OF WARRANTY

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

j) Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Web Developer requires to upload the web site if required as part of a project.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY ‘SORTED SPAIN’ UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ‘SORTED SPAIN’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.

13. HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance.Accordingly,Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor and its suppliers will not be liable for any claims or damages arising from the use of the Software in such applications.

14. Cancellation of License Contract

If you are a ‘consumer’, you may have a right to cancel this license contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed in writing within seven working days of the start of the acceptance of this license contract. Upon cancellation, Licensee shall destroy all copies of the Software and return to 'SORTED SPAIN' any licenses and registration logins. Once this is complete to the satisfaction of 'SORTED SPAIN' any monies paid to ‘SORTED SPAIN’ will be return to the consumer within 30 days.

15. Miscellaneous

15.1. ‘SORTED SPAIN’ RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS LICENSE AGREEMENT AT ANY TIME. Changes to the License Agreement will be announced on the ‘SORTED SPAIN’ web site, and via News Feeds from ‘SORTED SPAIN Guide’.

Failure to receive notification of a change does not make those changes invalid. A current copy of this Agreement will be available on the ‘SORTED SPAIN Guide’ web site.

15.2. Technical support will not be provided for third-party modifications to the Software including modifications to code, Skin packs, and Language packs to any license holder. If the Software is modified using a third-party modification instruction or otherwise, technical support may be refused to any license holder.

15.4. ‘SORTED SPAIN’ reserves the right to change the use of, cancel, or suspend the free or demonstration editions of its Software at anytime and without notice.

e) For web site build coding as part of the "Custom web design package" offered on the web site at http://www.sortedspain.com/, The Web Developer will build the site based on the specifications in the original quotation. The Client is to provide the digital content for each page of up to 4 images per page and text of up to 1000 words per page. The Web Developer reserves the right to charge an additional cost for typing out hard copy or scanning content or photographs for image creation.

15.5. ‘SORTED SPAIN’ reserves the right to publish a selected list of users of the Software.

16. Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either Licensee or Licensor from any relevant competent authority, ‘SORTED SPAIN’ shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

17. Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

18. Entire Agreement

This Agreement together with any documents expressly referred to in them, contain the entire License Agreement between us relating to the subject matter covered and supersede any previous Agreement, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of this License Contract. In agreeing to this Agreement, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

19. Assignment

This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without our prior signed written consent from ‘SORTED SPAIN’.

20. Waiver

Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this license nor prejudice that party's right to take subsequent action.

21. Applicable Law and Dispute

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of Spain, whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Spain.