1.1 In consideration of you agreeing to bserve the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use Fireplayer and the Documentation on an iPhone OS product that you own or control on the terms of this Licence and in accordance with the terms and conditions and usage rules of the Retailer.

1.2 You may: 

1.2.1 download, install and use Fireplayer on your compatible handset for your private and non-commercial use only;  

1.2.2 use any pre-loaded tracks supplied with the application and any additional tracks purchased by you at additional cost from time to time ("Tracks") to create remixes within the Fireplayer application only ("Remixes"); 

1.2.3 listen to and store the Remix data within the Fireplayer application and on the Fireplayer server only; 

1.2.4 share your stored Remix data via the Fireplayer server by sending links to other users, either by email or through social networking websites (upon the applicable terms and conditions thereof), so that the Remixes can be streamed to them on a request-by-request basis from the Fireplayer server and via the Fireplayer application; 

1.2.5 receive such free supplementary software code or update of Fireplayer incorporating "patches", corrections of errors, and other updates as may be provided by the Licensor from time to time ("Updates") and use such Updates only in accordance with the terms of this Licence; and 

1.2.6 use any Documentation solely in support of your use of Fireplayer as permitted under this clause 1. 

1.3 For the avoidance of doubt, you may not: 

1.3.1 undertake any form of commercial exploitation (including the sale or rental) of the Tracks and/or Remixes;  

1.3.2 make the Tracks and/or Remixes available to any third party, including but not limited to sharing via an unlicensed peer-to-peer network, save as provided for in clause 1.2.4 above; 

1.3.3 alter or embellish the Tracks or Remixes save for within the Fireplayer application; 

1.3.4 record the Remixes in any other medium; or 

1.3.5 claim ownership of any Tracks or Remixes or make any attempt to pass off any Tracks or Remixes as your own copyright works (and sharing remixes using Fireplayer will not in itself be a breach of this clause).

1.4 In addition to the provisions above, we may specify particular restrictions as to use from time to time and on a track-by-track basis. In particular, the number of streams of a particular Remix that you can send to and/or receive from other users may be restricted for copyright reasons. You acknowledge and accept that you will observe any such additional restrictions.  

1.5 Tracks may be withdrawn from use at any time (including pre-loaded Tracks) but you will be entitled to use indefinitely (but not share with others) any Tracks or Remixes you have downloaded to your handset prior to withdrawal. 

1.6 Fireplayer will be promoted from time to time through application stores, social networks and other appropriate online sites. Fireplayer may also from time to time be promoted via artists' sections on the Fireplayer website, via widgets that will be made available for artists' online presences, via other online promotions of artists, and via radio, online and print competitions. You accept that such promotions and competitions may involve the rating of remixes made by you and you agree that that such ratings, promotions and competitions are operated in our absolute and unfettered discretion. 

2. CHANGES TO THIS LICENCE

We may make changes to this Licence from time to time, which will be effective when posted on our website: http://www.fireplayer.com/terms. We may not notify you directly of any changes so we encourage you to check this website regularly for any updates. Your continued use of Fireplayer following the posting of changes to this Licence will mean you accept those changes.

3. LICENSEE'S UNDERTAKINGS 

3.1 Except as expressly set out in this Licence, you undertake: 

3.1.1 not to copy Fireplayer or the Documentation; 

3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify Fireplayer or the Documentation; 

3.1.3 not to make alterations to, or modifications of, the whole or any part of Fireplayer, nor permit Fireplayer or any part of it to be combined with, or become incorporated into, any other programs; and 

3.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of Fireplayer nor attempt to do any such thing. 

4. LICENSEE'S WARRANTIES 

4.1 You hereby represent and warrant that: 

4.1.1 in using Fireplayer you will comply with the terms and conditions of any applicable third party agreement, such as those of your wireless data service provider (if any);  

4.1.2 you will use all best endeavours to prohibit any illegal use of the Tracks and Remixes; 

4.1.3 you are located in the country in which you are registered with the Retailer and your card payment details are registered in that country;

4.1.4 you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and 

4.1.5 you are not listed on any US Government list of prohibited or restricted parties. 

5. PAYMENT 

5.1 The Fireplayer application is free to users. Users may purchase additional Tracks for use on Fireplayer from nominated online application stores and mobile operator stores. The purchase and download of Tracks from such stores is subject to the terms and conditions of the relevant store and conditional on payment of the relevant cost of the Tracks in accordance with the store’s applicable terms and conditions. 

5.2 We do not handle any payments directly. In the first instance, problems in relation to failed downloads and/or incorrect charging should be addressed directly to the Retailer. 

6. INTELLECTUAL PROPERTY RIGHTS 

6.1 You acknowledge that all intellectual property rights in Fireplayer and the Documentation anywhere in the world belong to the Licensor, that rights in Fireplayer, the Tracks and the Remixes are licensed (not sold) to you, and that you have no rights in, or to, Fireplayer, the Documentation, the Tracks and the Remixes other than the right to use them in accordance with the terms of this Licence. 

6.2 To the extent that any and all rights, title and interests in and to any of the Remixes do not automatically vest in the Licensor by operation of applicable law, you hereby irrevocably and unconditionally assign with full title guarantee to the Licensor (as between yourself and the Licensor) from creation all rights, title and interests you have or may have in and to all of the Remixes under the laws of any jurisdiction, including all intellectual property rights therein, throughout the world in all media now or hereafter known for the full duration of such rights including all extensions and/or renewals of the same free and clear of any liens, encumbrances, claims and rights of any third parties. 

7. SUPPORT 

7.1 Our technical support staff will endeavour to answer any queries that you, as the original purchaser, may have regarding the use of the latest current version of Fireplayer. For technical support please email support@fireplayer.com. For the avoidance of doubt, this support is not available in respect of versions of Fireplayer other than the latest current version. To ensure that you have the latest version of Fireplayer, please check the Retailer's application store at regular intervals and download any updated versions that become available from time to time. 

7.2 You accept and acknowledge that the Retailer has no obligation whatsoever to provide either maintenance or support services with respect to Fireplayer. 

8. REGISTRATION 

8.1 We may introduce a registration system in order to provide users of Fireplayer with enhanced functionality and certain additional benefits. If you wish to register with us, you may need to provide certain personal information. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to accept a registration is in our discretion and we may revoke your password at any time. 

8.2 In the event that you register with us, you will be responsible for maintaining the confidentiality of the password and your account information, and you will be solely responsible for all activities that occur under your password or account and for any access to or use of our services by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.  

8.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.  

8.4 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these terms and conditions.  

8.5 You may not use another person's account at any time without the express permission of the account holder.  

8.6 You are responsible for ensuring that the information we hold is up-to-date. Please amend your details as appropriate from time to time or email support@fireplayer.com to notify us of any changes.

8.7 Please see clause 9 below for further explanation as to how we will store and use any personal information we collect from you.  

9. DATA PROTECTION AND PRIVACY POLICY 

9.1 We are committed to protecting your privacy and security. This clause 9 (the "Privacy Policy") sets out the basis on which any information, including personal information, that we collect from you or that you provide to us will be collected and processed. Please read this Privacy Policy carefully. If you do not agree to all of this Privacy Policy and do not wish to be bound by it, you are not authorised to access or otherwise use Fireplayer. Your use of Fireplayer will amount to acceptance of this Privacy Policy. If you have any queries about our Privacy Policy, or would like to change or update the data we hold about you, please contact us by email at support@fireplayer.com or by post to The Information Protection Officer, Bounce Mobile Limited, 8 Hanover Street, London, W1S 1YE. 

9.2 We may make changes to this Privacy Policy from time to time. Any changes made will be posted on the following webpage: www.fireplayer.com/privacy, and where appropriate, notified to you by e-mail. Upon publication, each change will become effective and your continued use of Fireplayer after publication will be deemed to be your acceptance of the change. 

9.3 All information you provide to us is stored on secure servers. We will take all reasonable steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We will only hold your personal information on our systems for as long as is reasonably necessary. 

9.4 When you use Fireplayer and/or register for any other Bounce Mobile service or promotion that requires registration, we may ask you for certain personal information including but not limited to your name and email address. 

9.5 Before content is streamed to you as listener, we may confirm and log your IP address in order to confirm your location. 

9.6 When you send an email or other communication to us, we may retain those communications in order to process your enquiries and to improve our services. 

9.7 We will use the information you provide to us: 

9.7.1 to provide and administer the provision of Fireplayer; 

9.7.2 to contact you in response to your requests or to notify you of updates or other news relating to Fireplayer;  

9.7.3 to contact you about products and services we feel may be of interest to you;  

9.7.4 to allow third parties to contact you (where permitted by you) to inform you about their products or services; and 

9.7.5 to process and deal with any other enquiries or complaints you make. 

9.8 We will keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies), or where you have given us your express consent to sharing the information with third parties. 

9.9 Where you give your specific consent for us to do so by ticking the applicable opt-in box, we will share the information we hold about you with certain third parties including the owners of the intellectual property rights in the Tracks and Remixes. We will do this in full compliance with the Data Protection Act 1998. We will require any such third parties to comply with our instructions and not to use your personal information in any manner that is not permitted. 

9.10 In many jurisdictions the law gives you the right to access information we hold about you. An access request will be subject to a small fee to meet our administrative costs in providing you with details of the information we hold about you.  

9.11 We have installed security measures to ensure that any personal information you give is protected against loss, misuse or alteration. However, due to the nature of the Internet, we cannot guarantee the protection of your personal information and cannot be responsible for any adverse outcomes resulting from a breach of security when Fireplayer is used (except in the case of our negligence). We are, however, confident in our security measures, and it is always a top priority of ours to ensure that our customers' information is kept confidential.  

9.12 Insofar as you elect to share Remixes via social networking websites, you agree that you will do so upon and in acceptance of the applicable API terms and conditions. 

9.13 We may collect information about your general usage of www.fireplayer.com by using "cookies" which allow us to collect certain information in order to help us personalise your online experience, to contact you with Fireplayer news, offers, and recommendations of new Tracks and to provide generic, non-personal information to third parties. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies contain information that we can read when you revisit the Fireplayer website. Although they do identify a user's computer, cookies do not personally identify users' passwords. Most web browsers automatically accept cookies, but if you prefer you can change your browser to prevent that acceptance. However, if you select this setting you may be unable to access certain parts of www.fireplayer.com. For more information on cookies and how to disable them you can consult the information provided by the Interactive Advertising Bureau at http://www.allaboutcookies.org/. 

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

10.1 Fireplayer is provided on an "as is" and on an "as available" basis. Further, you acknowledge and accept that Fireplayer is to the extent permitted by law provided without any guarantees, conditions or warranties. 

10.2 You acknowledge that Fireplayer has not been developed to meet your individual requirements, that Fireplayer may not be free of bugs or errors, and that the existence of any such bugs or errors shall not constitute a breach of this Licence. 

10.3 In the event of any failure of Fireplayer to conform to any applicable warranty, you may notify the Retailer who will refund the purchase price, if any, but, to the maximum extent permitted by applicable law, the Retailer will have no other warranty obligation whatsoever with respect to Fireplayer. Subject to clause 10.5 below, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Licensor. 

10.4 Nothing in this Licence shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud, or fraudulent misrepresentation. 

10.5 Subject to clause 10.4 above, the Licensor's liability for losses suffered by you arising out of or in connection with this Licence (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall be limited and shall not extend to the following (even if such losses result from the Licensor's deliberate repudiatory breach of this agreement): 

10.5.1 loss of information; 

10.5.2 loss of, damage to or corruption of data; or 

10.5.3 any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. 

10.6 This Licence sets out the full extent of the Licensor's obligations and liabilities in respect of the supply of Fireplayer and the Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of Fireplayer and the Documentation which might otherwise be implied into, or incorporated in, this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.  

10.7 Subject to the rest of this clause 10, the Parties acknowledge that the Licensor, not the Retailer, is responsible for addressing any claims relating to Fireplayer, including but not limited to: product liability claims; any claim that Fireplayer fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. The Parties further acknowledge that, in the event of any third party claim that Fireplayer or the Licensee's use thereof infringes that third party's intellectual property rights, the Licensor, not the Retailer, will be solely responsible for the investigation, defence, settlement and discharge or any such intellectual property infringement claim. 

11. INDEMNITY You hereby agree to indemnify us fully against any losses and liabilities incurred as a result of any breach by you of this Licence. 

12. TERMINATION 

12.1 We may terminate this Licence immediately by written notice to you if: 

12.1.1 you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or 

12.1.2 a petition for a bankruptcy order to be made against you has been presented to the court. 

12.2 Upon termination for any reason: 

12.2.1 all rights granted to you under this Licence shall terminate; 

12.2.2 you must cease all activities authorised by this Licence; and 

12.2.3 you must immediately delete or remove Fireplayer from all equipment in your possession and certify to the Licensor that you have done so. 

13. TRANSFER OF RIGHTS AND OBLIGATIONS 

13.1 This Licence is binding on you and us, and on our respective successors and assigns.  

13.2 You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent. 

13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time. 

14. EVENTS OUTSIDE OUR CONTROL 

14.1 We will not be liable or responsible for any failure in the provision or performance of Fireplayer or any Tracks that is caused by events outside our reasonable control ("Force Majeure Event") such as: 

14.1.1 a failure of third party communication networks;  

14.1.2 the acts, decrees, legislation, regulations or restrictions of any government; or  

14.1.3 the withdrawal of permission for us and/or you to use any Track or Remix by the owners of the intellectual property rights therein.  

14.2 In the event the Force Majeure Event prevents your use of Fireplayer we will use our reasonable endeavours to find a solution which enables the service to perform despite the Force Majeure Event. 

15. WAIVER If we fail to exercise any of the rights or remedies to which we are entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 

16. SEVERABILITY If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 

17. THIRD PARTY RIGHTS 

17.1 Except as expressly provided in clause 17.2 below, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. 

17.2 The Parties acknowledge that the Retailer not a party to this Licence. However, the Parties acknowledge and accept that the Retailer is a third-party beneficiary of this Licence. You therefore accept that the Retailer has the right to enforce the terms of this Licence against you. 

18. GOVERNING LAW AND JURISDICTION 

18.1 This Licence shall be governed by and construed in accordance with the law of England and Wales. The Parties irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim that arises out of or in connection with this Licence or its subject matter or formation (including non-contractual disputes or claims). 

18.2 Please note that you must comply with all applicable laws and regulations of the country in which you use Fireplayer. We will not be liable for any breach by you of any such laws and regulations. In some jurisdictions some sections of this Licence may not be applicable.