Terms of Service / Software License Agreement HHSRSCALCULATOR.COM TERMS OF SERVICE/SOFTWARE LICENSE AGREEMENT

Transcription

1 Terms of Service / Software License Agreement HHSRSCALCULATOR.COM TERMS OF SERVICE/SOFTWARE LICENSE AGREEMENT READ THE TERMS OF THE FOLLOWING TERMS OF SERVICE AND SOFTWARE LICENSE AGREEMENT CAREFULLY. USE OF THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT USE THE SOFTWARE. IN USING IT OR OTHERWISE USING ANY PART OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE AND THE SOFTWARE LICENSE AGREEMENT. HHSRS CALCULATOR web based calculator TERMS OF SERVICE SERVICE DESCRIPTION; ACCEPTANCE OF TERMS THROUGH USE The HHSRS Calculator service ("Service") is being provided to You, the end-user ("You"), by HHSRSCALCULATOR.com ("HHSRSCalculator"). The Service is a subscription-based web service to enable you to calculate the final score and banding for Housing Health and Safety Rating System. The Service does not enable you to access the Internet. You must separately have an Internet access service. HHSRSCALCULATOR may at any time without notice or liability restrict the use of the Service or limit its time of availability in order to perform maintenance activities. By using the Service, you agree to all terms, conditions, and notices contained or referenced herein (the "Terms of Service"). If you do not agree to the Terms of Service please do not use this Service or software. HHSRSCALCULATOR reserves the right, at its discretion, to update or revise the Terms of Service/Software License Agreement without notice. Please check the Terms of Service/Software License Agreement at johnpullen.co.uk periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service/Software License Agreement constitutes acceptance of such changes. USER CONDUCT/ACCEPTABLE USE POLICY You agree not to use the Service for any unlawful or improper purpose. You shall not allow any other person to access the Service provided to you pursuant to these Terms of Service. You may use the Service on the registered users computer systems. HHSRSCalculator s goal is to provide a high quality service to our Customers. To help ensure our high standards are met, HHSRSCALCULATOR has established certain responsibilities regarding the use of the Service.

2 You agree: That you are entitled to contract without the consent of another person; To review any Terms of Service/Software License Agreement updates HHSRSCALCULATOR provides. Your continued use of the Service shall be construed as your acceptance of the updated Terms of Service/Software License Agreement terms; To provide to HHSRSCALCULATOR, your accurate and truthful registration information (such as your name, address, telephone number and address and to keep current all registration information, using the Service; Not to assign, or otherwise transfer, these Terms of Service/Software License Agreement or your rights under it, delegate your obligations, or resell the Service. Any attempt to do so is void; That you are responsible for the results obtained from the use of the Service; Not to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; To obtain Internet access service; To obtain, install and maintain suitable equipment and software as necessary to access the Service; Not to use the Service for any criminal or illegal activities, or post any information that might be legally actionable; Not to use the Service for spamming or flaming, to hack or otherwise obtain unauthorized access; To be responsible for accurately addressing information sent using the Service; To obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws, including copyright and patent laws; To comply with all applicable laws, regulations, or conventions, including those related to data privacy, international communications, and exportation of technical or personal data; Not to delete or alter author attributes or copyright notice, unless expressly permitted in writing by the author or owner; To give all required notices under these Terms of Service/Software License Agreement in the manner set forth in the Notices section below; To pay any taxes, including personal property taxes, resulting from your use of the Service provided under these Terms of Service. This does not include taxes based on HHSRSCALCULATOR's net income; To pay charges for the Service; To promptly notify HHSRSCALCULATOR if you suspect unauthorised use of the Service. Until notified, you remain responsible for unauthorised use. Liability for use of a credit, debit, or charge card remains subject to your agreement with your card issuer; To provide HHSRSCALCULATOR with the requested identification in connection with security matters; Not to forward or otherwise propagate chain letters and pyramid schemes, whether or not the recipient wishes to receive such mailings; Not to advocate, promote or otherwise encourage violence against governments, organisations, groups or individuals or post, disseminate or transmit any content that provides instruction, information or assistance in causing or carrying out such violence; Not to post, disseminate or transmit any content that sells any products or services that are unlawful in the location at which the content is posted or received; Not to post, disseminate or transmit any content that promotes, markets, or otherwise directs traffic (directly or indirectly) to a Web site hosted by the Service (including, but not limited, to the Subscriber's particular Web site) through the use of unsolicited commercial or spam;

3 Not to attempt to interfere with the Service to any user, host or network. This includes "denial of Service" attacks, "flooding" of networks, deliberate attempts to overload the Service and attempts to "crash" a host; Not to use any kind of program/script/command designed to interfere with another Subscriber's terminal session. Charges Except for usage of the Service during a free trial period, if applicable, you shall incur those Service charges that you agree to in conjunction with your subscription to the feebased Service, for use of the Service. Payments for use of the Service shall be made only by payment methods HHSRSCALCULATOR accepts at the time of purchase. Refunds Applies only to subscribers who subscribed to the Service directly from HHSRSCALCULATOR and paid the Service subscription fee. Following a 14 day trial period. Refund Policy Refunds will only be processed where HHSRSCALCULATOR are unable to provide you with the Service. Should you decide to terminate your access to the Service prior to your subscription expiry date, you agree that no refund will be due. CANCELLATION To cancel Your Service subscription, please Monday through Friday 9:00 AM to 5:00 PM or submit to HHSRSCALCULATOR at jonrpullen@aol.com one of HHSRSCALCULATOR's Customer Support Representatives will assist you. THIRD PARTY SITES; PRIVACY The Service may link you to Web sites which may contain information or material that some people may find inappropriate or offensive. Such Web sites are not under the control of HHSRSCALCULATOR. You acknowledge that HHSRSCALCULATOR is not responsible for the accuracy, copyright compliance, legality, decency, or any other attribute of the content of such Web sites and HHSRSCALCULATOR shall have no liability for any information, data, communications, or other materials available on such Web sites. Providing access to such Web sites does not imply endorsement of the Web site by HHSRSCALCULATOR or any association with those responsible for its operation.

4 DISCLAIMER OF WARRANTIES; LIMITED WARRANTY; LIMITATION OF LIABILITY HHSRSCALCULATOR MAKES NO WARRANTY OR GUARANTEE REGARDING THE PERFORMANCE, FEATURES, COMPATIBILITY OR OTHERWISE OF ANY CONNECTED INTERNET SERVICE OR HOST/COMPUTER CONNECTED TO THE SERVICE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AVAILABLE THROUGH OR FORMING PART OF THE SERVICE (THE "CONTENT") ARE PROVIDED FOR YOUR USE ON AN "AS IS", "AS AVAILABLE" BASIS. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HHSRSCALCULATOR AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. HHSRSCALCULATOR WARRANTS THAT, IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY FEATURE PROVIDED IN OR THROUGH THE SERVICE, UPON NOTICE FROM YOU, HHSRSCALCULATOR WILL TERMINATE YOUR ACCOUNT AND, THIS IS YOUR SOLE AND EXCLUSIVE REMEDY. NO REFUND IS AVAILABLE AND YOU ASSUME ALL RISK THAT THE SERVICE MAY BE TERMINATED OR OTHERWISE NOT BE AVAILABLE FOR ANY REASON, WITHOUT RIGHT TO ANY REFUND IN WHOLE OR IN PART. Do not use the service in any high-risk activities where damage or injury to persons, property, environment or business may result if any error occurs. You expressly assume all risk for such use. We disclaim any warranty of title or any other warranties for any third party's offering(s) or product(s). HHSRSCALCULATOR does not guarantee that its security procedures will prevent the loss of, alteration of, or improper access to, Your information. HHSRSCALCULATOR is not responsible for invalid destinations and transmission errors in, corruption of, or the security of your information carried over third party facilities. HHSRSCALCULATOR, including its licensors, disclaims any liability or responsibility arising from any claim that your access or use of the service and/or any related products HHSRSCALCULATOR provides infringes any third partys intellectual property rights. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL HHSRSCALCULATOR OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON A BREACH OF CONTRACT, EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR MISREPRESENTATION, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HHSRSCALCULATOR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE TO

5 REALIZE EXPECTED SAVINGS OR ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. IN NO EVENT IS HHSRSCALCULATOR OR ITS LICENSORS LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITY IN CONNECTION WITH THESE TERMS OF SERVICE, OR ARISING FROM ANY CAUSE BEYOND HHSRSCALCULATOR'S CONTROL, INCLUDING, BUT NOT LIMITED TO, DELAY IN THE PERFORMANCE OF HHSRSCALCULATOR'S OBLIGATIONS. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO HHSRSCALCULATOR'S LICENSORS AS INTENDED BENEFICIARIES OF THESE TERMS OF SERVICE. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH HHSRSCALCULATOR AND ITS LICENSORS ARE COLLECTIVELY RESPONSIBLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HHSRSCALCULATOR'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. INTERNATIONAL USE; SUBCONTRACTING; SERVICE WITHDRAWAL HHSRSCALCULATOR makes no representation that the Service is appropriate or available for use outside the United Kingdom. Accessing the Service from locations where it is illegal is prohibited. You represent that you are not a national or resident of and are not located in any country that is not recognised and permitted by the United Kingdom. You represent that you are not a specifically designated individual, denied party, or entity under any UK. embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the U.K. Government limiting, barring, revoking or denying, in whole or in part, Your U.K. privileges. You agree to notify HHSRSCALCULATOR immediately in the event you become subject to any such order. HHSRSCALCULATOR may utilise subcontractors for the performance of the Service or any part thereof. HHSRSCALCULATOR reserves the right to immediately withdraw the Service (in whole or in part) from you and cancel your account if, in HHSRSCALCULATOR's opinion, your use is disruptive, causes a malfunction of the Service, violates the terms of this Terms of Service/Software License Agreement or the Acceptable Use Policy, if HHSRSCALCULATOR receives information that the Service or your use of the Service (or any part thereof) may violate any copyrights or other intellectual property rights of any third party or any other applicable laws and regulations (including, but not limited to, UK export regulations), or if HHSRSCALCULATOR receives an order from a court of competent jurisdiction requiring HHSRSCALCULATOR to do so.

6 INDEMNIFICATION Upon a request by HHSRSCALCULATOR, You agree to defend, indemnify, and hold harmless HHSRSCALCULATOR and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including reasonable legal fees, that arise out of or related to (i) Your use or misuse of the Service, Your use or attempted use of any facility or equipment connected to the Service, any viruses or other harmful components resulting from Your use of the Service, or Your breach of the Acceptable Use Policy; or (ii) except to the extent that such liability, claim or expense is attributable to any wilful misconduct on the part of HHSRSCALCULATOR, any action brought by any third party against HHSRSCALCULATOR for infringement of intellectual property rights due to Your use of the Service. HHSRSCALCULATOR reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HHSRSCALCULATOR in asserting any available defences. CHOICE OF LAW AND FORUM The Terms of Service shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, rather the Terms of Service shall be governed by and construed in accordance with the laws of United Kingdom, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Service or Your use of the Service shall be filed only in a court located in the United Kingdom and You further irrevocably agree and submit to the exercise of personal and subject matter jurisdiction and venue of such courts for the purpose of litigating any such claim or action. FORCE MAJEURE; INDEPENDENT CONTRACTORS If the performance of the Terms of Service and/or the below Software License Agreement, or any obligation there under (except payment of monies due) is prevented, restricted or interfered with by reason of fire or other casualty or accident; earthquake; Acts of God; flood; strikes or labour disputes; inability to procure raw materials, power or supplies; war or other violence; acts of terrorism, whether actual or threatened, acts of a public enemy, epidemics, quarantines, any law, order proclamation, regulation, ordinance, demand or requirement of any governmental agency or intergovernmental body; or any other act or condition whatsoever beyond the reasonable control of the parties hereto, the party so affected, upon giving notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference. In the event that any force majeure event shall continue for a period of more than ninety (90) days, the party whose performance is not affected by the force majeure event shall be entitled to terminate the Service without cause immediately on written notice to the other party any time within thirty (30) days after such ninety (90) day period. You and HHSRSCALCULATOR agree that no joint venture, partnership, agency or other relationship shall be created or implied as a result of the Terms of Service or Your use of the Service.

7 WAIVER; SEVERABILITY AND INTEGRATION A waiver by either party of any term or condition of the Terms of Service or any breach thereof, in any one instance, shall not be deemed or construed to be a waiver of such term or condition or any subsequent breach thereof. Unless otherwise specified herein, the Terms of Service constitute the entire agreement between You and HHSRSCALCULATOR with respect to the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and HHSRSCALCULATOR with respect to the Service. If the application of any provision or provisions of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by any court of competent jurisdiction, then (a) the validity and enforceability of such provision or provisions as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby and (b) such provision(s) shall be reformed without further action by the parties to make such provision(s) valid and enforceable when applied to such facts and circumstances. TERMINATION Either party is entitled to terminate the Service at any time. HHSRSCALCULATOR may terminate the agreement electronically by sending an message to you or by displaying a message on the monitor of the your computer using the Service. Termination of the Service for whatever reason is without prejudice to any rights that have accrued to either party prior to the date of termination. HHSRSCALCULATOR reserves the right, in its sole discretion, at any time to terminate your access to all or part of the Service, with or without notice. Certain Service features (e.g., pop-up blocker) may continue to be available after the termination of the Service. The terms and conditions of this Terms of Service/Software License Agreement continue to apply to such features. Such features, if any, may be discontinued by de-installation of the Software and/or as otherwise described in the documentation. NOTICES Any notice given under or pursuant to these Terms of Service must be in writing and will be deemed duly given or made if delivered or sent by United Kingdom Postal Service First Class mail, hand delivery, electronic mail, nationally recognized courier service or to the address of HHSRS Calculator at 93 Clifton Road, London SE25 6QA 1. LICENSE TO USE. Upon Your acceptance of this Agreement and subject to the terms hereof, HHSRSCALCULATOR Web page ("HHSRSCALCULATOR") grants to you a limited, personal, non-exclusive, non-assignable and non-transferable license to use the web pages, updates and supplements thereto provided to you by HHSRSCALCULATOR on only one computer system at a time solely in conjunction with your use of the Service specified in the Terms of Service, above. You are not permitted to copy or reproduce the web pages in any form and to do so will constitute a breach of this licence. If you are an entity, HHSRSCALCULATOR grants you the right to designate one individual within your organization to have the sole right to use the web pages in the manner provided in this Agreement. A single license for the web pages may not be shared or used concurrently by other end users. If the web pages are provided to you for a free trial period such license to use is further restricted to use solely for evaluation purposes during such free trial period.

8 If the web pages access is otherwise being provided to you by HHSRSCALCULATOR for evaluation purposes, then your use of the same is subject to this Agreement and is limited to evaluation purposes for a period ("Evaluation Period") of fourteen (14) days, or such other period as HHSRSCALCULATOR may designate in writing or by . HHSRSCALCULATOR may terminate the Evaluation Period, without cause, at any time without notice. Upon completion of the Evaluation Period, you will cease to have any yse of the web pages. HHSRSCALCULATOR and its agents are the sole owners of the the web pages and your continued use of such can only occur with permission of HHSRS Calculator on payment of the fees currently in force. 2. RESTRICTIONS. The web pages are confidential and copyrighted. The Calculator web pages are licensed, not sold. All right, title and interest in and to the web pages, and all associated intellectual property rights are retained by HHSRSCALCULATOR and/or its licensors. You shall not distribute the access to the web pages or any portion thereof, or rent, loan, lease, sell, sublicense or assign the web pages. Except as permitted hereby, you may not make copies of the web pages. You shall hold all the access to the web pages as confidential trade secrets of HHSRSCALCULATOR and/or HHSRSCALCULATOR's licensors. Unless enforcement is prohibited by applicable law, you may not modify, decode, decompile, reverse assemble, reverse engineer or otherwise translate the web pages or associated documents and ancillary services provided by HHSRS CALCULATOR. No right, title or interest in or to any trademark, service mark, logo or trade name of HHSRSCALCULATOR or its licensors is granted under this Agreement. Any rights not expressly granted herein are reserved by HHSRSCALCULATOR. All title and intellectual property rights in and to the content which may be accessed through use of the Web pages is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no right to use such content. Any trademark, trade name, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the web pages shall not be altered or removed by you and shall be accurately reproduced on any documents produced by the web pages.. You understand that HHSRSCALCULATOR may not, at its sole option, provide any assistance, technical, customer or other support, in the use of the web pages, and you use the web pages at your own risk. 3. DISCLAIMER OF WARRANTY. HHSRSCALCULATOR HAS NO CONTROL OVER THIRD PARTY NETWORKS OR WEB SITES, AND DELAYS AND DISRUPTIONS ARE BEYOND HHSRSCALCULATOR'S CONTROL. HHSRSCALCULATOR CANNOT AND WILL NOT GUARANTEE THAT THE WEB PAGES WILL PROVIDE A SERVICE THAT MEETS YOUR NEEDS. THE WEB PAGES ARE PROVIDED ON AN "AS-IS", "AS- AVAILABLE" BASIS, WITH NO WARRANTIES OF ANY KIND. HHSRSCALCULATOR AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR THAT THE OPERATION OF THE WEB PAGES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

9 4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HHSRSCALCULATOR OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, RELIANCE, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF GOODWILL, USE, DATA OR PROFITS OR ANY OTHER INTANGIBLE OR PECUNIARY LOSS) HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF HHSRSCALCULATOR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HHSRSCALCULATOR'S LIABILITY TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 5. INDEMNITY; Third Party Beneficiary. As a condition of Your use, You agree to defend and indemnify HHSRSCALCULATOR and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including, without limitation, legal fees and other dispute resolution expenses) incurred in connection with any claim, lawsuit or action by any third party that arises or results from your use or misuse of the web pages or downloading, use, reproduction of, and/or receipt or distribution of any information or content utilizing the web pages, Your breach of this Agreement or your violation of any rights of any third party. You agree that HHSRSCALCULATOR's licensors are third party beneficiaries to this Agreement. 6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by informing HHSRS Calculator in writing that you wish to terminate your use of the web pages, provided however that cancellation of your service subscription account must occur using the process referred to in the Terms of Service, above. Without prejudice to any other rights, HHSRSCALCULATOR may terminate this Agreement if you fail to comply with any provision of this Agreement or the above Terms of Service. HHSRSCALCULATOR reserves the right, in its sole discretion and at any time, to terminate this Agreement, modify or discontinue the web pages limit, terminate or suspend your use of the web pages; and/or make changes to or terminate this Agreement. 7. SUPPORT SERVICES. HHSRSCALCULATOR may provide you with support services related to the web page use ("Support Services"). Use of Support Services is governed by the HHSRSCALCULATOR policies and programs described in "online" documentation and/or other HHSRSCALCULATOR-provided materials. Any error corrections, updates and supplemental software code provided to you as part of the Support Services shall be considered part of the web pages and subject to the terms and conditions of this Agreement. With respect to technical information you provide to HHSRSCALCULATOR as part of the Support Services, HHSRSCALCULATOR may use such information for its business purposes, including for product support and development. HHSRSCALCULATOR will not utilize such technical information in a form that personally identifies you.

10 8. SEVERABILITY; NO WAIVER; INTEGRATION. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. The failure or delay of HHSRSCALCULATOR to exercise or enforce any rights or provision of this Agreement does not constitute a waiver of such right or provision. This Agreement and the above Terms of Service are the entire agreement between you and HHSRSCALCULATOR relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement; provided, however, that any confidential disclosure agreement by and between you and HHSRSCALCULATOR shall remain in full force and effect in accordance with its terms. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. THIRD PARTY SOFTWARE (Sections 9) DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY Third party software is provided by HHSRSCALCULATOR "as is" and "with all faults". HHSRSCALCULATOR and its licensors make no representations or warranties of any kind concerning the quality, safety or suitability of this software, either express or implied, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by applicable law, in no event will HHSRSCALCULATOR or its licensors be liable for any direct, reliance, exemplary, indirect, punitive, special, incidental or consequential damages however they may arise and even if HHSRSCALCULATOR or its licensors shall have been advised of the possibility of such damages. 9. The web pages are copyright of HHSRS CALCULATOR. Permission to use, copy, modify, and distribute the web pages and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of John Pullen not be used in advertising or publicity pertaining to access to the web pages without specific, written prior permission. 10. This Agreement is personal to you and you may not assign your rights herein. Any attempted assignment in derogation hereof is null and void. Sections 2 through 10 of this Agreement will survive any termination of this Agreement. Software Copyright Information Copyright (C) HHSRSCALCULATOR All rights reserved.

11 For inquiries please contact: HHSRSCALCULATOR by at or by postal service to John Pullen 93 Clifton Road SE25 6QA YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE TERMS OF SERVICE ABOVE, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF APPLICABLE, "YOU" OR "YOUR" AS REFERRED TO HEREINABOVE MEANS THE ENTITY OR COMPANY (THE "COMPANY") AT WHICH THE WEB PAGES ARE USED PURSUANT TO THIS AGREEMENT. IN SUCH EVENT, YOU WARRANT AND REPRESENT THAT AS THE USER YOU ARE THE SOLE USER OF THE WEB PAGES AT HHSRSCALCULATOR.COM HHSRSCALCULATOR Direct Terms of Service/Software License Agreement Version 1 23 /8/2013