Terms & Conditions

Big Red Book Ltd. and its affiliates provides its content on this Web site (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back from time to time. By accessing and using this Site, you agree to these Terms. For an explanation of Big Red Book’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.

Copyright

All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Big Red Book or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

Trademark

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Big Red Book and its licensors. You agree that you will not refer to or attribute any information to Big Red Book or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Big Red Book or its licensors.

Use of Site Content

Big Red Book hereby grants you a non-exclusive, non- transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the “Site Content”) on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Big Red Book’s prior written consent.

Notices of Infringement

Big Red Book prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Big Red Book at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Big Red Book will remove any posted content that infringes the copyright or other intellectual property right of any person under Irish law upon receipt of such a statement. Big Red Book’s contact for submission of notices under this Section is: Big Red Book Ltd, Rathdown Hall, Upr. Glenageary Road, Glenageary,Co. Dublin, Ireland.

Disclaimers

The content and functionality on the site is provided with the understanding that Big Red Book is not herein engaged in rendering professional advice and services to you. All content and functionality on the site is provided “AS IS,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Big Red Book and its third party content providers make no warranties, express or implied, as to the ownership, accuracy or adequacy of the sites content. Big Red Book shall have no liability for content published on linked websites or responsibility for any information published on linked websites, contained in any content published on the site, or provided by third parties. Neither Big Red Book nor its third party providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised on the likelihood of such damages or losses and regardless of the theory of liability.

Third-Party Web Sites

We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. Big Red Book has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

Governing Law; Jurisdiction

These Terms are governed by the laws of the Republic of Ireland without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the Republic of Ireland.

Use of Big Red Book Software

SOFTWARE LICENSE AND LIMITED WARRANTY

This is a legally binding agreement between you and The Big Red Book Company Limited. (“Big Red Book”). By installing and/or using this software, you are agreeing to become bound by the terms of this agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.

GRANT OF LICENSE. In consideration of the timely payment by you of all initial and renewal license fees as published or notified to you by Big Red Book from time to time, Big Red Book grants to you a non-exclusive non-transferable right to use this software programme (hereinafter the “Software”) for the Term described below and in accordance with the terms contained in this Agreement. You may use the Software for a single user/ company. If you have purchased a multi-company/multi user license, you may use the Software for the registered number of companies/users purchased. Each registered copy is specifically registered to an individual PC. Re-registration will be charged at the relevant fee at date of registration.

UPGRADES. If you acquired this Software as an upgrade of a previous version, this Agreement replaces and supersedes any prior Agreements. You may continue to use the previous version of the Software, provided that both the previous version and the upgrade are installed on the same computer at all times. You may not have a previous version and the related upgrade version installed on separate computers at any time.

OWNERSHIP OF SOFTWARE. Big Red Book retains the copyright, title and ownership of the Software and the written materials.

COPIES. You may make one (1) copy of the Software solely for backup purposes. You must reproduce and include the copyright notice on the backup copy. No other copying is permitted. You may not distribute copies of the Software or accompanying written materials to others.

TERM AND TERMINATION. The term of this Agreement (the “Term”) shall be for an initial period of 12 months and, subject to the timely payment by you of all renewal license fees as published or notified to you by Big Red Book from time to time by Big Red Book, the Term shall be extended for rolling periods of 12 months. This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Big Red Book if you fail to comply with any provision of this Agreement. Upon termination you shall destroy the written materials and all copies of the Software, including modified copies, if any. In the event that you do not renew the license, the Software shall cease to be supported, you will not receive any upgrades and the Software may cease to operate. Big Red Book may include with the Software advance on-screen warnings of the expiry of the Term.

LIMITED WARRANTY. Big Red Book warrants the media on which the Software is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. In the event of defects, Big Red Book’s sole liability shall be to (a) replace the defective media or (b) refund the purchase price, at Big Red Book’s option. You must return the Software to Big Red Book or an authorised Agent with your dated invoice during the 90-day warranty period in order to receive a refund or replacement.

DISCLAIMER OF WARRANTIES. Big Red Book DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

OTHER WARRANTIES EXCLUDED. BIG RED BOOK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM ANY CAUSE EVEN IF BIG RED BOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BIG RED BOOK BE LIABLE FOR ANY AMOUNT GREATER THAN WHAT YOU ACTUALLY PAID FOR THE SOFTWARE. Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date you receive the Software.