END USER LICENSE AGREEMENT FOR THE BLOCS APPLICATIONThis licence agreement (Licence) is a legal agreement between you(Licensee or you) and the Cazoobi Limited (Licensor, us or we) for the
Blocs and Blocs Plus software licensed to you through Paddle.
Our company details are displayed here and in the confirmation email
sent to you after the purchase is completed.
This Licence is for:• either:o the Blocs software licensed to you through Paddle, and thedata supplied with the digital product (together the Full
Product); oro the Blocs Plus software licensed to you through Paddle, andthe data supplied with the digital product (together the Full
Product); oro the trial Blocs software licensed to you through the Paddle,
and the data supplied with the digital product (together the
Trial Product),
for the purposes of this Licence, the term Product shall apply
to either a Full Product or a Trial Product (as the case may be);and
• (where it has been made available to you) the online and/or
electronic documentation relating to the Product(Documentation).
We license use of the Product and Documentation to you on the basisof this Licence. We do not sell the Product or Documentation to you.
We remain the owners of the Product and Documentation at all times.
We make our Full Product available on the basis of a Personal Licenceor Student/NPO License. The description of the relevant Product on
the webpage www.blocsapp.com (Item Description) will indicate

whether you are downloading a Trial Product or purchasing a Full
Product which is subject to a Personal Licence or a Student/NPO
License.
We may amend this Licence from time to time. On each separate
occasion that you purchase or download a Product, please check thisLicence to ensure that you understand the terms that apply to the
Product you are downloading at that time. We recommend that you
print a copy of the Licence applicable at the time for future reference.
This Licence was most recently updated on 24/11/2022.

OPERATING SYSTEM REQUIREMENTS & OPERATING
INSTRUCTIONS
To be able to use the Product, you will need a computer or other device
that meets the minimum operating system requirements provided in the
Item Description. You must comply with any operating instructions weprovide in the Documentation and follow the following activation
instructions (Activation Instructions):• in order to activate the Product on your computer system, theProduct will first need to connect with the server of the Licensor;• once activated, the Product will run oﬄine but will be required toconnect to the servers of the Licensor at least once every 30
days; this will happen automatically in the background when the
Product is started without you having to log in or take any further
action.
CHANGES TO THE LICENCE
We may need to change the terms of the Licence from time to time inwhich case we will notify you of the change when you use the Product.
If you do not accept the notified changes, you may continue to use theProduct in accordance with the existing terms but certain new features
may not be available to you.
CONSUMER AND BUSINESS USERS

Certain terms of this Licence apply only to consumer Licensees or only
to business Licensees.
As defined in the Consumer Rights Act 2015, "a consumer is anindividual acting for purposes which are wholly or mainly outside that
individual's trade, business, craft or profession" (Consumer). If you
intend to use the Product for purposes which fall outside the above
definition, then you are a business user (Business).
If you are a Consumer, all terms in regular font and underlined fontapply to you. If you are a Business, all terms in regular font and in italics
apply to you.
Any reference in this Licence to a person is a reference to either or botha Consumer and/or a Business (Person).
1.

GRANT AND SCOPE OF LICENCE

1.1. In consideration of you agreeing to abide by the terms of thisLicence, the Licensor hereby grants to you a non-exclusive,
perpetual, non-transferable licence to use the Product and theDocumentation on the terms of this Licence.
1.2. Where we make a Trial Product available to you, we do so on afree trial basis.
1.3. Where this Licence applies to a Trial Product, you acknowledge
and agree that:(a)the licence granted at clause 1.1 shall be restricted to theeﬀect that you may only use the Trial Product:(i)solely for the purpose of evaluating the Product;(ii)
the trial is indefinite and not a fully featured trial;(b) you may only make such copies of the Trial Product as arestrictly necessary to evaluate the Trial Product or for backup purposes, but not for any other purpose and you may
only download the Trial Product on one device.
1.4. Where the subject of this Licence is a Full Product, you may:(a)
use any Documentation in connection with the Licence andmake up to two copies of the Documentation as arereasonably necessary for its lawful use;(b) when the Product is a website template, use the Product tocreate one or more Website(s) for yourself or another
Person(s);

(c)

(d)

when the Product is an individual item of digital content (e.g.
font, audio or visual file, or image), incorporate that Productin the creation of one or more Website(s) for yourself ofanother Person(s);use the Website(s) you created using the Product by
yourself, or sell, license, gift, or otherwise make that/those
Website(s) available to any Person(s), provided that that/those Person(s) agree(s) to comply with the terms of thisLicence.

1.5. In addition to the rights and restrictions set out in clause 1.4,
where you have purchased a Personal Licence for a Full Productyou may:(a)only install the Product on one device owned or leased byyou;(b) provided the Product is used at any time on only one device
owned or leased by you, transfer the relevant Product fromone device to another.
1.6. Some Products may be partially subject to a GNU General Public
License (GPL) or another open-source licence even if the Productwas entirely created by us. If so, the component of the Productsubject to an open source licence will be identified by us in the
Item Description on the product page and all terms and conditions
for open source parts that are used in the Product can be viewed
here. In such cases the open source licence shall apply to theextent that is determined by the open source licence terms andconditions (and can only be used in accordance with those terms
and conditions), and this Licence shall apply to the rest of the
Product.
1.7. The Product may allow you to access third party solutions (suchas content management systems) (Third Party Solutions). The
owners of any Third Party Solutions keep all relevant proprietary
rights in their own solutions and all copies of it. If you use any
Third Party Solutions, you accept that it is your responsibility tocheck the terms and conditions relating to your use of thatsolution and to keep to any such terms and conditions.
1.8. If you hold a Student/NPO license you are not permitted to sell
the websites created. Should you wish to sell the websites you
create then a full personal license would need to be purchased.
2.

Restrictions

Except as expressly set out in this Licence or as permitted by any
local law, you undertake:
(a)

(b)
(c)

(d)
(e)

(f)

(g)

(h)

(i)

not to copy the Product or the Documentation, except
where such copying is incidental to normal use of the
Product or where it is necessary for the purpose of back-up
or operational security, or directly related to the activities
provided in clause 1.4;
to keep all copies of the Product and the Documentation
secure;not to provide, or otherwise make available, the Product or
the Documentation in any form, in whole or in part to any
Person otherwise than in accordance with clause 1;
save for the purposes expressly permitted in clause 1.4, notto adapt, alter, develop or otherwise modify the Product;
not to redistribute the Product otherwise than in the form of
the Website created using the Product, as permitted inclause 1.4 and, for the avoidance of doubt, not to adapt,alter, develop or otherwise modify the Product andredistribute it as digital content of the same type as the
Product whether separately, or bundled up with, orincorporated into other items (e.g. as an audio compilation,or as a library of tools);
not to extract a single component (or selected components)of the Product and use it/them on a stand-alone basis (i.e.
otherwise than as an integral part of the Website) unless,and to the extent as, such component(s) is/are covered by
an open-source licence, in which case your right to extractand use such component(s) is as provided in the relevant
open-source licence;
when the Product is, or incorporates, an audio or video file,
not to broadcast, publish, sell, license, sub-license, rent,
transfer, transmit, distribute or redistribute any such file orits part in any format otherwise than as permitted in clause
1.4(c);
when the Product is, or incorporates, an audio or video file(Media File), not to edit, modify, adapt or alter any such fileor its part, or create any derivative work incorporating any
such file of its part;to the extent that a Website incorporates software (including
but not limited to a Media File) which is subject in whole orin part to a GNU General Public License (GPL) or another

(j)
(k)

(l)
(m)

(n)

3.

open-source licence, you acknowledge and agree that therelevant open source licence shall apply and can only be
used in accordance with the terms and conditions of thatlicence. Where you make that Website available to any
Person pursuant to clause 1.4(d), you undertake to give that
Person notice in writing of the inclusion of the open source
software and the application of the terms and conditions of
the relevant open source licence;
not to use the Product in a logo, trademark or service mark;not to use the Product or the Documentation for in any way
that is unlawful or in breach of any Person’s legal rights
under any applicable law, or in any way that is oﬀensive,
indecent, discriminatory or otherwise objectionable;
to comply with all applicable technology control or export
laws and regulations;to ensure that any employee, agent, worker, contractor,
consultant or similar who you allow to use the Product(Authorised User) does so in accordance with the terms
and conditions of this Licence;
to be responsible for any Authorised User’s acts andomissions in connection with this Licence and shallindemnify us for any loss or damage incurred or suﬀered byus as a result of their acts and omissions.

Support3.1. In respect of Products which are not Trial Products, we shallprovide to you the technical support described below for theperiod of 6 consecutive months from the day of the purchase of
the Product licence (Standard Support):(a)
if you cannot find an answer to your question on the Blocs
Knowledge Base you may contact us at our online support
desk, and we shall use reasonable endeavours to assist you
in the resolution of the issue; and/or(b) if you need assistance with a technical issue, you may
contact us at our online support desk and we shall use
reasonable endeavours to assist you in the resolution ofsuch technical issue.
3.2. The Standard Support shall not be transferable to any other
Person.
3.3. We do not provide any support services (including Standard
Support or Additional Support) in respect of Trial Products orThird Party Solutions.
4.

Intellectual property rights

4.1. You acknowledge that all intellectual property rights in the
Product and the Documentation throughout the world belong tous, that rights in the Product and the Documentation are licensed(not sold) to you, and that you have no intellectual property rights
in, or to, the Product or in any improvements or modifications to
the Product or the Documentation other than the right to use theProduct (as improved or modified) and the Documentation inaccordance with the terms of this Licence.
4.2. You acknowledge that you have no right to have access to the
Product in source code form.
5.

Warranty

5.1. Subject to clause 5.7, if you are a Consumer Licensee, we warrant
for the period specified in clause 5.2 that to the best of ourknowledge:(a)the Product is (at the time it is made available for you to
download) free from defects in design under normal use;(b) the Product will, when properly used on an operating
system for which it was designed and when the Activation
Instructions have been fully complied with, perform
substantially in accordance with the functions described in
the Documentation;(c)the Documentation correctly describes the operation of the
Product in all material respects for a period of 90 days fromthe date of the purchase on Paddle.
5.2. Subject to clause 5.7, if, within 90 days from the date of therelevant purchase on Paddle (Warranty Period), you notify us inwriting of any defect or fault in the Product, we will, at our sole
option, either repair or replace the Product free of charge, or
refund the purchase price to you, provided that you makeavailable all the information that may be necessary to help us to
remedy the defect or fault, including suﬃcient information to
enable us to recreate the defect or fault.
5.3. Nothing in this Licence will aﬀect a Consumer Licensee’s legal
rights (including in relation to getting a refund from Paddle inrelation to payments made for defective products).
5.4. Subject to clause 5.7, if you are a Business, we warrant that to thebest of our knowledge:

(a)

(b)

(c)

the Product is (at the time it is made available for you to
download) free from material defects in design under normal
use;
the Product will, when properly used on an operating
system for which it was designed and when the Activation
Instructions have been fully complied with, perform
substantially in accordance with the functions described in
the Documentation;
the Documentation correctly describes the operation of the
Product in all material respects for a period of 60 days fromthe date of the purchase on Paddle.

5.5. Subject to clause 5.7, if, within 60 days from the date of therelevant purchase on Paddle (Warranty Period), you notify us inwriting of any defect or fault in the Product, we will, at our sole
option, either repair or replace the Product free of charge, or
refund the purchase price to you, provided that you makeavailable all the information that may be necessary to help us to
remedy the defect or fault, including suﬃcient information to
enable us to recreate the defect or fault.
5.6. The repair or replacement of defective Product during theWarranty Period shall not as regards to that Product extend theoriginal Warranty Period.
5.7. The warranty does not apply and we shall have no responsibility
to you pursuant to clause 5.2 or clause 5.5 (as the case may be):(a)if the defect or fault in the Product results from you having
altered or modified the Product (including by integrating itwith a Third Party Solution);(b) if the defect or fault in the Product results from you having
used the Product in breach of the terms of this Licence(including but not limited to by failing to fully comply with theActivation Instructions);(c)
if the Product is a Trial Product.
6.

Our responsibility for loss or damage suﬀered by you

6.1. If you are a Consumer Licensee:(a)
We are responsible to you for foreseeable loss anddamage caused by us. If we fail to comply with theseterms, we are responsible for loss or damage you suﬀer thatis a foreseeable result of our breaking this Licence or our
failing to use reasonable care and skill. Loss or damage isforeseeable if either it is obvious that it will happen or if, at

(b)

(c)

(d)

(e)

the time this Licence was made, both we and you knew it
might happen.
We do not exclude or limit in any way our liability to you
where it would be unlawful to do so. This includes liability
for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors, orfor fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If our
defective Product licensed to you through Paddle damages
a device or digital content belonging to you, we will either
repair the damage or pay you compensation. However, we
will not be liable for damage that you could have avoided byfollowing our advice to apply an update oﬀered to you freeof charge or for damage that was caused by you failing tocorrectly follow installation instructions or to have in place
the minimum system requirements advised by us.
We are not liable for business losses. The Product is fordomestic and private use. If you use the Product for any
commercial, business or resale purpose we will have noliability to you for any loss of profit, loss of business,business interruption, or loss of business opportunity.
We are not liable for losses arising from your use of
Third Party Solutions.

6.2. Where an open-source licence partially applies to the Product (asdescribed in clause 1.6), the component of the Product to whichsuch open licence applies is provided by us “as is”, and expressly
subject to the disclaimers in clause 6.1 above.
6.3. If you are a Business Licensee:(a)nothing in this Licence shall limit or exclude our liability for
death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors, orfor fraud or fraudulent misrepresentation;(b) except to the extent that it cannot be lawfully excluded orlimited by law, all terms implied by statute or common law
or otherwise are excluded;(c)subject to clauses 6.3(a), we shall not be liable to a Business
Licensee whether in contract, tort (including negligence),
breach of statutory duty, or otherwise for:(i)
any loss arising in connection with a Third Party
Solution;

(ii)

(d)

any loss arising in connection with the grant and/or
operation of this Licence where the Licence relates toa Product which is provided free of charge (forexample, a Trial Product);(iii) any indirect or consequential loss arising in connection
with the grant and/or operation of this Licence;subject to clause 6.3(a), our total liability to you whether incontract, tort (including negligence) or otherwise inconnection with this Licence shall in no circumstances
exceed a sum equal to the fee paid by you to purchase thelicence of the relevant Product.

6.4. Where an open-source licence partially applies to the Product (asdescribed in clause 1.6), the component of the Product to whichsuch open licence applies is provided by us “as is”, and expressly
subject to the disclaimers in clause 6.3 above.
6.5. You acknowledge that the Product has not been developed tomeet your individual requirements, and that it is therefore yourresponsibility to ensure that the facilities and functions of the
Product as described in the Documentation meet yourrequirements.
7.

Termination

7.1. Where the Licence relates to:(a)a Product which is not a Trial Product, we may terminate
this Licence immediately by written notice to you if you
commit a material or persistent breach of this Licence which
you fail to remedy (if remediable) within 14 days of theservice of written notice requiring you to do so;(b) a Trial Product, we may terminate the Licence immediately
on written notice to you.
7.2. Upon termination for any reason:(a)
all rights granted to you under this Licence shall cease;(b) you must cease all activities authorised by this Licence; and(c)you must immediately delete or remove the Product from allcomputer equipment in your possession and immediately
destroy or return to us (at our option) all copies of the
Product then in your possession, custody or control and, inthe case of destruction, certify to us that you have done so.
8.

Communications between us

6.1. If you wish to contact us in writing, or if any condition in thisLicence requires you to give us notice in writing, you can submit
this to us at our online support desk. We will confirm receipt of
this by contacting you in writing, normally by email.
6.2. If we have to contact you or give you notice in writing, we will doso by email or by pre-paid post to the address you provide orconfirm to us.
9.

Other important terms

9.1. We only use any data (including personal data) we collect throughyour use of the Product in the ways set out in our privacy policy.
9.2. We may transfer our rights and obligations under these terms toanother organisation. We will always tell you in writing if thishappens and we will ensure that the transfer will not aﬀect yourrights under this Licence.
9.3. You may only transfer your rights or your obligations under thisLicence to another Person if we agree in writing, or in accordancewith clause 1.4(d).
9.4. This agreement does not give rise to any rights under theContracts (Rights of Third Parties) Act 1999 to enforce any term of
this agreement.
9.5. Each of the paragraphs of these terms operates separately. If any
court or relevant authority decides that any of them are unlawful,
the remaining paragraphs will remain in full force and eﬀect.
9.6. If we do not insist immediately that you do anything you arerequired to do under these terms, or if we delay in taking steps
against you in respect of your breaking this contract, that will notmean that you do not have to do those things and it will notprevent us taking steps against you at a later date.
9.7. If you are a Consumer Licensee:(a)
These terms are governed by English law and you can bringlegal proceedings in respect of the products in the English
courts. If you live in Scotland you can bring legal
proceedings in respect of the products in either the Scottish
or the English courts. If you live in Northern Ireland you canbring legal proceedings in respect of the products in either
the Northern Irish or the English courts.
(b) If you are not happy with how we have handled any
complaint, you may submit your complaint for online
alternative dispute resolution to the European Commission
Online Dispute Resolution Platform. Alternative disputeresolution is a process where an independent bodyconsiders the facts of a dispute and seeks to resolve it,
without you having to go to court.
9.8. If you are a Business Licensee any dispute or claim arising out ofor in connection with this contract or its subject matter orformation (including non-contractual disputes or claims) shall begoverned by and construed in accordance with the law of Englandand Wales and the courts of England and Wales shall haveexclusive jurisdiction to settle any such dispute or claim.