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PLEASE READ CAREFULLY BEFORE DOWNLOADING THIS APP. BY USING THIS APP YOU AGREE TO THESE TERMS.

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Mills & Boon, a division of HarperCollins Publishers Limited of 1 London Bridge Street, London SE1 9FG (Licensor, us or we) for the mobile application software, the data supplied with the software, and the associated media (App) and the user manual and any associated documents (Documents).

E-Books supplied to you through the App are supplied in accordance with our Terms and Conditions of Sale, which can be found here.

We license use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator (Appstore) upon the End-user downloading the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners or licnesees (as applicable) of the App and Documents at all times.

OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES INTERNET ACCESS AND AN APPLE DEVICE WITH iOS 6.0 OR A LATER VERSION. OR ANDROID DEVICE WITH ANDROID 2.3.3 OR A LATER VERSION.  

IMPORTANT NOTICE:

·         BY DOWNLOADING THE APP FROM THIS WEBSITE OR CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THE LICENCE WHICH WILL BIND YOU. THE TERMS OF THE LICENCE INCLUDE, IN PARTICULAR, THE PRIVACY POLICY DEFINED IN condition 1.5 AND LIMITATIONS ON LIABILITY IN condition 7.

·         IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP OR DOCUMENTS TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW [BY CLICKING ON THE "CANCEL" BUTTON BELOW]. IN THIS CASE THE DOWNLOADING PROCESS WILL TERMINATE.

You should print a copy of this EULA for future reference.

AGREED TERMS

1.                   ACKNOWLEDGEMENTS

1.1                The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

1.2                We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

1.3                From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.

1.4                You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.5                The terms of our privacy policy from time to time, available at https://www.millsandboon.co.uk/np/Content/ContentPage/12 (Privacy Policy) are incorporated into this EULA by reference. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.6                By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

1.7                By using the App or any of the Services you consent to the collection and use of your User Data by Adobe Systems Incorporated in accordance with Adobe’s Privacy Policy, as amended from time to time: http://www.adobe.com/privacy/adobe-rmsdk.html

1.8                The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.9                Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2.                   GRANT AND SCOPE OF LICENCE

2.1                In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2                You may download a copy of the App and to view, use and display the App on the Devices for your personal purposes only and use the Documents for your personal purposes only.

3.                   LICENCE RESTRICTIONS

Except as expressly set out in this EULA or as permitted by any local law, you agree:

(a)            not to copy the App or Documents;

(b)            not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;

(c)            not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d)            not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;  

(e)            to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

(f)             to include our copyright notice on all entire and partial copies you make of the App on any medium;

(g)            not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(h)            to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),

together Licence Restrictions.

4.                   ACCEPTABLE USE RESTICTIONS

You must:

(a)            not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

(b)            not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;

(c)            not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d)            not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e)            not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

together Acceptable Use Restrictions.

5.                   INTELLECTUAL PROPERTY RIGHTS

5.1                You acknowledge that all intellectual property rights in the App, Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.

5.2                You acknowledge that you have no right to have access to the App in source-code form.

5.3                You acknowledge that the Bluefire reader software (Bluefire Software) is licensed to us by BlueFire Productions LLC and is not sold to you and that no title or ownership in the Bluefire Software passes to you.

6.                   LIMITED WARRANTY

6.1                All statutory warranties are hereby excluded to the extent permitted by law. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

7.                   LIMITATION OF LIABILITY

7.1                You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described meet your requirements.

7.2                We only supply the App and Documents for domestic and private use. You agree not to use the App or Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3                Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the price you have paid for the App. We expressly exclude liability for any indirect, special, incidental, punitive or consequential damages. This does not apply to the types of loss set out in condition 7.4.

7.4                Nothing in this EULA shall limit or exclude our liability for:

(a)            death or personal injury resulting from our negligence;

(b)            fraud or fraudulent misrepresentation; and

(c)            any other liability that cannot be excluded or limited by English law.

8.                   TERMINATION

8.1                We may terminate this EULA immediately by written notice to you:

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

(b)            if you breach any of the Licence Restrictions or the Acceptable Use Restriction; or

(c)            with notice in writing.

8.2                On termination for any reason:

(a)            all rights granted to you under this EULA shall cease;

(b)            you must immediately cease all activities authorised by this EULA, including your use of any Services;

(c)            you must immediately delete or remove the App and Documents from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so; and

(d)            we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and the Appstore.

9.                   COMMUNUICATION BETWEEN US

9.1                If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Mills & Boon at 1 London Bridge Street, London, SE1 9GF and csmillsandboon@harpercollins.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.

9.2                If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

10.                EVENTS OUTSIDE OUR CONTROL

10.1            We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

10.2            If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

(a)            our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b)            we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

11.                OTHER IMPORTANT TERMS

11.1            We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

11.2            You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

11.3            If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.4            Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

11.5            Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.