IMPORTANT - READ CAREFULLY PRIOR TO ACCEPTING THE AGREEMENT
ThinkBuzan (a trading name of OpenGenius Limited) owns the copyright, trade mark, trade names, patents and other intellectual property rights subsisting in or used in connection with the enclosed software including all documentation and manuals and all other copies which you are authorised to make by this agreement.
This is a legal agreement between "You" (either an individual or single legal entity) and ThinkBuzan governing the use of the Software that accompanies these license terms ('the Software'). By installing the enclosed Software on your computer, you agree to the terms of this Agreement. If you do not agree to these terms, prior to loading the Software on your computer, you should not install the Software onto any computer.
The License Agreement is devised around three different main License categories:
'Perpetual Use' License - the exact type of Perpetual license will be fully referenced on your confirmation of payment / order invoice (whether electronic or paper based).
'Time Sensitive' Licenses (including but not exclusive of evaluation / trial).
'Non-commercial' License.
It is unlawful to load the Software into a computer without a License. ThinkBuzan are willing to License the Software to you only on the condition that you accept all the terms contained in this License agreement. Please read this License agreement carefully before installing the Software on any computer. By installing the Software you agree to be bound by the terms of this agreement. If you do not agree with these terms and conditions ThinkBuzan are unwilling to license the Software to you, and you should not install the Software.
In consideration of your agreement to the terms of this Agreement, we grant You a non-exclusive right to use the Software in accordance with clause 2 below. This License is personal to you as the purchaser of the Software and is for your benefit only. If You are an individual acquiring the Software for use at home or your office, the License terms apply to You. If are a business, commercial entity or government agency, the terms of the License apply to your current employees. If You are an educational institution, the License terms apply to the faculty and teaching staff employed by You and registered students enrolled at a site operated by You.
You are granted a License to use this Software in perpetuity, subject to the terms, fees, conditions, restrictions, and limitations contained herein and on the applicable ThinkBuzan website. As the Licensee, You may install and use the Software on any compatible computer, even if attached to a network. You are permitted to load the Software onto the number of computers as specified on the purchased license file. If you have purchased a Multiple User License, you may install the Software on additional computers or a network server, so long as the number of authorised users does not exceed the number of Licenses purchased. ThinkBuzan will provide technical support to Registered Users for a minimum of 12 months following the purchase of the License and as per the stipulated Support Conditions as listed on www.thinkbuzan.com.
You are granted a License to use this Software for a set time period as stipulated by the License File, subject to the terms, fees, conditions, restrictions, and limitations contained herein and on the applicable ThinkBuzan website. As the Licensee, You may install and use the Software on any one compatible computer, even if attached to a network. ThinkBuzan will provide technical support to Registered Users for the duration of the set time period and as per the stipulated Support Conditions as listed on www.thinkbuzan.com.
You are permitted to use the Software for home, academic, non-profit, or government-sponsored research purposes. Use of the Software under this License is restricted to non-commercial purposes. Commercial use of the Software requires an either Perpetual or Time Limited license.
As purchaser of an authorised Perpetual License of the Software, you may, subject to the following conditions:
2.1 Install and use the Software and Manuals (where available) in connection with a single computer;
2.2 Load the Software onto the number of computers as specified on the purchased license file;
2.3 Install and use the Software on a network, provided that You have purchased a License for the number of users that will access the Software over that network. You may concurrently use the number of copies of the Software authorised by your purchase. To run the Software on more computers, machines, networks or servers, You must obtain additional Licenses;
2.4 Transfer the Software from one computer to another provided that the Software is used on only one computer at a time (or the number of computers specified on the purchased license file);
2.5 Copy the Software for back-up and archival purposes and make up to two copies of the documentation (if any) accompanying the Software, provided that the original and each copy is kept in your possession and labelled and that your installation and use of the Software does not exceed that allowed by this Agreement;
2.6 Transfer the Software, on a permanent basis only, to another person by transferring all copies of the Software to that person and/or destroying copies not transferred. The other person must agree to the terms of this Agreement and on such a permanent transfer, the License of the Software to you will automatically terminate.
You may not nor permit others to:
Load the Software onto more computers than specified on the purchased license file.
You may not nor permit others to:
Load the Software ioto more than one computer. A Single User License entitles You to install the software on a maximum of one computer which is under your control.
You may not nor permit others to:
3.3.1 Use the Software for commercial purposes.
3.3.2 Load the Software onto more than one computer. A Single User License entitles You to install the software on a maximum of one computer which is under your control.
You may not nor permit others to:
3.4.1 Sub-License, assign, rent, lease or transfer the license or the Software or make or distribute copies of the Software except as permitted by this Agreement;
3.4.2 Translate, decompile, disassemble, modify or create derivative works based on the Software except as permitted by law;
3.4.3 Make copies of the Software, in whole or part, except for back-up or archival purposes as permitted in this license;
3.4.4 Use any back-up copy of the Software for any purpose other than to replace the original copy in the event that it is destroyed or becomes defective;
3.3.5 Copy the written materials (except as provided by this Agreement) accompanying the Software;
3.4.6 Adapt, modify, delete or translate the written material accompanying the Software in any way for any purpose whatsoever;
3.4.7 Vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software.
You undertake to:
4.1 Ensure that, prior to use of the Software by your employees or agents, all such parties are notified of this license and the terms of this Agreement;
4.2 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;
4.3 Hold all drawings, images, 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.
As Licensee you own only the medium on which the Software is recorded or fixed. You may retain the media on termination of this Agreement provided the Software is erased. ThinkBuzan shall at all times retain ownership of the Software.
Subject to clause 6.2, ThinkBuzan warrants that for a period of 90 days from the date of your purchase of the Software ('the Warranty Period'):
6.1 The medium on which the Software is recorded (if supplied by ThinkBuzan) will be free from defects in materials and workmanship under normal use. If the medium fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain (at the option of ThinkBuzan) a replacement free of charge during the warranty period with a dated proof of purchase.
6.2 The copy of the Software in this package will materially conform to the documentation that accompanies the Software. If the Software fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the Software and the documentation to ThinkBuzan (or to your supplier) during the warranty period, along with dated proof of purchase, specifying the problem, and you will be provided with a new version of the Software or a full refund (at the discretion of ThinkBuzan)
6.3 ThinkBuzan shall not be liable under the warranties given in clause 6.1 above if the medium or the Software fails to operate in accordance with the said warranty as a result of any modification, variation, or addition to the Software not performed by us or caused by any abuse, corruption or incorrect use of the medium or Software, including use of the Software with equipment or other software which is incompatible.
It is not warranted that this Software will meet your requirements or that its operation will be uninterrupted or error free. ThinkBuzan exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.
8.1 Liability to you for any losses shall not exceed the amount you originally paid for the Software.
8.2 In no event will ThinkBuzan be liable to you for any indirect or consequential damages, or loss of profit, when using the Software, even after being advised of the possibility of such damages. In particular, no liability is accepted for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.
8.3 Nothing in this Agreement limits liability for fraudulent misrepresentation or liability to you in the event of death or personal injury resulting from ThinkBuzan negligence.
8.4 You acknowledge and agree that the limitations contained in this clause are reasonable in the light of all the circumstances.
Except for material that we license to you, we do not claim ownership of the content you provide on the iMindMap service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the service.
You control who may access your content. If you share content in public areas of the service or in shared areas available to others you've chosen, then you agree that anyone you've shared content with may use that content. When you give others access to your content on the service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the service and other products and services made available by ThinkBuzan. If you don't want others to have those rights, do not use the service to share your content.
You understand that ThinkBuzan may need, and you hereby grant ThinkBuzan the right, to use, modify, adapt, reproduce, distribute, and display content posted on the service solely to the extent necessary to provide the service.
Please respect the rights of artists, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you are breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content does not violate any law. You also agree that you have obtained the consent of any third party to use their personal data, if it is included in that content, and will comply with data-protection laws when doing so. We won't pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the service at any time if you breach this contract or if we cancel or suspend the service.
10.1 The Agreement and the License granted to use the Software automatically terminates if you:
10.1.1 Fail to comply with any provisions of this Agreement;
10.1.2 Destroy the copies of the Software in your possession;
10.1.3 Voluntarily return the Software to us.
10.2 In the event of termination in accordance with clause 9.1 you must destroy or delete all copies of the Software from all storage media in your control.
ThinkBuzan offers a free trial of iMindMap to all users for evaluation purposes. This offers a "try-before-you-buy" version to ensure that it is compatible with your computer systems and it satisfies all of your requirements before purchasing a full version.
If you experience any problems with our software, please submit a request through our Technical Support Form.
All sales are final and refunds are provided only for accidental duplicate orders. Refunds will only be made to the debit card, credit card or PayPal account through which the original purchase was made.
Ordering a software license signifies your acceptance of this Refund Policy.
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 you or ThinkBuzan from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at the discretion of ThinkBuzan, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
You have read and understand this Agreement and agree that it constitutes the complete and exclusive statement of the Agreement respect to the subject matter of this Agreement.
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 prior written consent from ThinkBuzan.
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.
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales 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 England.
ThinkBuzan
Tec Marina
Terra Nova Way
Penarth
CF64 1SA
UNITED KINGDOM
Telephone: +44 (0) 20 71 177 173
Facsimile: +44 (0) 20 71 174 887
This is the privacy policy of ThinkBuzan (hereinafter referred to as "ThinkBuzan"). ThinkBuzan is a trading name of OpenGenius Limited. At ThinkBuzan, your privacy is important to us and ThinkBuzan does not sell, publish or share any information about our customers unless given express permission to do so.
The privacy policy applies only to personal data as defined in s.1 of the 1998 Data Protection Act ("personal information" or "information") and not other types of business or general information. The policy tells you who we are, how we collect personal information about you through this website, what we intend to use that information for and how we keep it secure.
Please read the policy carefully.
Further information about privacy and data protection issues including the online Register of Data Controllers can be found on the Information Commissioner's website at http://www.informationcommissioner.gov.uk/.
We are ThinkBuzan, a trading name of OpenGenius Limited, a company registered in England and Wales - No. 0565341. Our registered office is at:
ThinkBuzan
Tec Marina
Terra Nova Way
Penarth
CF64 1SA
UNITED KINGDOM
Email: customersupport@thinkbuzan.com
Please see our contact section for more information.
To opt-out of any communications we send, you can either click the 'unsubscribe' link at the top of any account emails or marketing email newsletters, or send an email to optout@thinkbuzan.com to let us know you want to opt-out.
A cookie is a small text file which is transferred from a website and stored on your computer's hard drive. It enables a website to "remember" who you are.
Cookies are used for authentication, tracking, and maintaining user-specific information (preferences, shopping cart, etc.) and often contain a unique and anonymous identifier.
Browsers only allow web sites to interact with their own cookies, not those from other web sites. The settings in your browser allow you to accept or decline cookies depending upon your preferences.
A web beacon is a small transparent gif image that is embedded in an HTML page or email used to track when the page or email has been viewed.
This website uses Google Analytics; a web analytics service provided by Google, Inc. ("Google"). The Google Analytics service collects information on the page you have visited and helps us to improve our services to you. No data which is collected through this service is personally identifiable. You can find out more about this service at http://www.google.com/analytics. Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address which we do not link to any personally identifiable information) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing other services to us relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Websites offered by ThinkBuzan may include social media features, such as the Facebook Like button and widgets, such as the Share this button. These features may collect your IP address and the page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are governed by the privacy policy of the company providing it.
We collect information about you that you provide when you register to use the online resources or software through completion of online forms. We collect information about you if you complete any of the various forms on our site to contact us, make enquiries, order products and services, apply to us and give us feedback.
We need you to give us certain information, which will be indicated on the form you are required to complete in order to place an order. It would help us if you give us any other information that you think will be relevant but you are under no obligation to do so.
We may also collect information when you contacting us by other methods other than the website. The website provides various telephone and fax numbers and email addresses for you to contact us. We may collect information from you that you provide through any of these methods.
We may also collect other information you supply to us after your initial contact with us.
We will keep your information secure by taking appropriate technical and organisational measures against its unauthorised or unlawful processing and against its accidental loss, destruction or damage. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. When you enter sensitive information (such as a credit card number to purchase ThinkBuzan products and services), we encrypt such information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
If you buy software or services from us, we will use your information to fulfil your order and to provide you with the software or service you have requested.
If you register for an iMindMap account, we will use your information to provide those account services to you.
When you register with us or buy from us, we will also use your information for marketing purposes. For example, you may receive email newsletters. There is an option to unsubscribe from these.
If you do not object, we may use the information we hold on you to contact you for feedback on your use of our software and/or services and/or website.
We may use aggregated data about users of our site, sales patterns and other statistical data to improve our site, but it will not be possible to identify individuals from that aggregated data.
To request the information ThinkBuzan has stored about you, which is your right as listed under Section 7 (1) the Data Protection Act 1998 as a Subject Access Request, you must put this request into writing, and send to ThinkBuzan, Tec Marina, Terra Nova Way, Penarth, CF64 1SA. You must also provide ThinkBuzan with a £10 fee (as cited by the Data Protection Act).
ThinkBuzan reserves the right to amend or modify the policies on this page at any time for any reason without notice. This Privacy Policy may change as new features are added to our website or to any of our products and services. If we decide to change our Privacy Policy, we will post these changes to our Privacy Policy on our website.