8.1 The provision of the Services will require you to use our software ("Software") in accordance with this clause 8. This section of the Agreement forms a Licence agreement ("Licence") between you and us for any Software provided via our Site, the Services and together with any associated media and online documentation ("Documentation"). By accepting these Terms and Conditions you are agreeing to the terms of this Licence which will bind you. If you do not agree and comply with these Terms and Conditions, we will not Licence the Software and will be unable to provide you with the Services and the Agreement will terminate.
8.2 In consideration of you agreeing to abide by the terms of the Licence, we hereby grant to you a non-exclusive, licence to use the Software and the Documentation in relation to developing your website only. You may only sub-license the Licence to third parties where you have provided us with their name, address, date of birth and email address ("Details").
8.3 If the Software fails, contact us and we shall use our reasonable endeavours to remedy the defect. If you are a consumer, and we are unable to repair the defect and the defect leaves you unable to use the Services you will be able to terminate the Agreement immediately and we will refund you any monies (on a pro rata basis) that you have paid for when unable to use the Services. Please note that we will not be liable for any loss (whatsoever) suffered as a result of the Software not working.
8.4 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
8.41 not to copy the Software or Documentation;
8.4.2 not to rent, lease, loan, translate, merge, adapt, vary or modify the Software or Documentation;
8.4.3 not to sub-licence the Software or Documentation, unless you provide Details of the person to whom the sub-licence relates;.
8.4.4 not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
8.4.5 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things;
8.4.6 not to provide, or otherwise make available, the Software or Documentation in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.
8.5 You also procure that any person to whom you sub-licence the Software or Documentation to will comply with the provisions of clause 8.4.
8.6 You acknowledge and you procure that any applicable third party acknowledges that all intellectual property rights in the Software and the Documentation belong to us, and that rights in the Software or Documentation created by your use are owned by us and are licensed (not sold) to you. You acknowledge that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence.
8.7 You procure that the rights in the Software or Documentation created by the use of any sub-licensee shall be assigned or transferred to us, and agree to indemnify us for any losses we suffer as a result of your failure to comply with this clause 8.7.
8.8 The Licence together with any rights to sub-licence will cease upon termination of this Agreement and you will have no continuing rights to use the Software or the Documentation.
8.9 You acknowledge that you or any person you sub-licence the use of the Software or Documentation to, has no right to have access to the Software in source code form or in unlocked coding or with comments.
8.10 We warrant that during your Subscription, the Software will, when properly used, perform substantially in accordance with the functions described, and that any descriptions of the operation of the Software are accurate in all material respects.
8.11 We will exercise reasonable care to ensure that the Software is free of any viruses, errors and bugs and will indemnify you for any loss suffered as a result of our failure to exercise such reasonable care. In the event that we have exercised such reasonable care but you experience viruses, errors or bugs we will not be responsible or liable for any loss suffered and this will not constitute a breach of this Licence.
8.12 You agree to indemnify us for any losses we incur as a result of your failure, or the failure of any person to whom you sub-licence the use of the Software or Documentation, to comply with this clause 8.