The Great Plant Hunt

Please accept the following terms and conditions before downloading SunflowerSurvival-GreatPlantHunt-mac.zip

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ACCESSING AND/OR DOWNLOADING THE CONTENT: This licence agreement ("Licence") is a legal agreement between you ("Licensee" or "you") and The Board of Trustees of the Royal Botanic Gardens, Kew of Royal Botanic Gardens, Kew, Richmond, Surrey TW9 3AB ("Licensor" or "we") in respect of your accessing/downloading of one or more of the following; "Sunflower Surprise", "Plant or not", "Habitat challenge", "Herby Havoc" or "Plant Puzzle", which may include computer software, the data supplied with it, the associated media, printed materials and online documentation (as applicable) (the "Content"). BY CHECKING THE BOX BELOW AND CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE CONTENT TO YOU. 1.1 In consideration of you agreeing to comply with the terms of this Licence, we grant you a non-exclusive, non-transferable licence to access/download and use the Content under the terms of this Licence. 1.2 You may: (a) download, install on your computer and/or use the Content for your private, personal, non-commercial purposes and/or for education, academic study, scholarship or research (but for no other purpose unless otherwise approved in writing by us); (b) embed the Content in [1]; and (c) download and install the Content on one computer unless otherwise clarified on our website or in this Licence. 1.3 Except as expressly set out in this Licence or as permitted by any local law, you undertake: (a) not to copy the Content except where such copying is incidental to normal use of the Content (as indicated in this Licence), is permitted under this Licence or where it is necessary for the purpose of back-up or operational security. 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In these circumstances we will notify you as soon as reasonably practicable and you undertake to delete any copies or remove any copies of the Content in your possession. 1.10 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; (c) you must immediately delete or remove the Content from all computer equipment in your possession and immediately destroy or return to the Licensor (at the Licensor's option) all copies of the Content then in your possession, custody or control and, in the case of destruction (where requested by us) certify that you have done so. 1.11 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an event outside our reasonable control (Force Majeure Event). 1.12 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government. 1.13 Our performance under this Licence is deemed to be suspended for the period that the Force Majeure Event continues, and he will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Licence may be performed despite the Force Majeure Event. 1.14 If we fail, at any time during the continuance of this Licence, to insist on strict performance of any of your obligations under this Licence, or 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. 1.15 A waiver by us of any default shall not constitute a waiver of any subsequent default. 1.16 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 1.17 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. 1.18 This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.