End User License systemhound

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SOFTWARE LICENCE AGREEMENT

Software Innovations UK Limited ("SI") is willing to license the accompanying software to you only upon the condition that you accept all of the terms contained in the licence agreement. Read the terms and conditions of this licence carefully before installing and/or licensing the software.

By installing and/or licensing the software, you agree to the terms and conditions of this agreement. If you are not willing to be bound by this agreement, uninstall the Software and return, if purchased, the licence keys, unused within fifteen (15) days of purchase for a refund of the licence fee paid.

1. Licence to Use. Customer is granted a non-exclusive and non-transferable licence ("Licence") for use of the systemhound software in machine-readable form, together with accompanying documentation ("Software"), by the class of computer hardware for which the corresponding fee has been paid.

2. Restrictions. Software is copyrighted and SI and/or its licensors retain title to all copies. Customers shall not make copies of Software, other than a single copy of Software for archival purposes. Exempt where applicable law prohibits enforcement of this provision. Customer shall not modify, decompile, disassemble, decrypt, extract or otherwise reverse engineer Software. Software is not designed or licensed for use in on-line control equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines.

3. Confidentiality. Software is confidential and proprietary information of SI. Customer agrees to take adequate steps to protect Software from unauthorized disclosure or use.

4. Limited Warranty. SI warrants that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the purchase order or credit card payment, that the Software contains the features described in the SI Website 'http://www.systemhound.com' ("Website") at the date of purchase. Otherwise, the software is provided "AS IS". This limited warranty extends only to the Customer as the original licensee. Customer's exclusive remedy and SI's entire liability under this limited warranty will be, at SI's option, to repair or replace the Software, or refund the licence fee paid therefor.

5. Thirty Day Money Back Guarantee. If you are the original licensee of the Software and are not completely satisfied with it, simply contact SI or your reseller for a full refund less delivery costs at any time during the thirty-day period following your order of the Software.

6. Disclaimer of Warranty. EXCEPT AS SPECIFIED IN THIS LICENCE, ALL EXPRESS OR IMPLIED CONDITIONS,REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

7. Limitation of Liability. IN NO EVENT WILL SI BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall SI's liability to the Customer, whether in contract, tort (including negligence), or otherwise, exceed the licence fee paid by Customer for Software. The foregoing limitations shall apply even if the above stated warranty fails of its essential purpose.

8. Termination. This Licence is effective until terminated. Customer may terminate this Licence at any time by destroying all copies of the Software including any documentation. This Licence will terminate immediately without notice from SI if Customer fails to comply with any provision of the Licence. Upon termination, Customer must destroy all copies of Software.

9. Integration. This agreement is the entire agreement with Customer and SI relating to Software and:

(i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and

(ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this agreement. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party.

10. This agreement will be governed by the laws of England. This Licence shall be subject to, and construed and interpreted in accordance with, English law. The parties irrevocably submit to the exclusive jurisdiction of the English Courts.

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