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@riadne software ltd. SOFTWARE LICENSE AGREEMENT FOR CoolSpools
Version3.1 NOTICE TO USER THIS
IS A CONTRACT. BY
INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT. This @riadne
software ltd. ("@riadne") License Agreement accompanies the @riadne ®
CoolSpools ® product and related explanatory materials ("Software"). The term “Software”
also shall include any upgrades, modified versions or updates of the Software
licensed to you by @riadne. Please read
this Agreement carefully. If you install the Software, you have thereby
indicated your acceptance of this contract. Upon your acceptance
of this Agreement, @riadne grants to you a nonexclusive and nontransferable
license to use the Software, provided that you agree to the following: 1. Use of the Software ·
The version
of this software downloaded from the Internet can be used free of charge for up
to 30 days without a license key. ·
At the end
of this trial period, you must obtain a license key to continue to use the
software. This license key allows the Software to run on a designated Central
Processing Unit (CPU) (identified by its serial number) for a specified length
of time. ·
Upon
application, @riadne may, at its discretion, issue further temporary license
keys beyond the standard 30-day trial period to allow further testing of the
product, up to a maximum of 90 days. ·
Upon receipt
of payment, @riadne will issue a permanent license key for the product. This
permanent license key will allow indefinite and unrestricted usage. ·
Any
applications for license keys should be addressed to @riadne by e-mail to sales@ariadnesoftware.co.uk. ·
Each
purchased copy of the Software allows you to install and run the Software on
the designated CPU only. You must purchase a separate copy of the Software and
obtain a system-specific license key for each CPU on to which the Software is
to be installed and run. ·
You are
entitled to make archive copies of the Software for back-up purposes, but must
not otherwise copy or distribute the Software. You must agree not to sell,
give, assign, license or otherwise transfer the software product(s) or any part
thereof to any person, firm, agency or corporation without damages or loss
incurred, as well as any cost incident to litigation, including reasonable
legal fees, as a result of Licensee's reproduction, sale, assignment, or other
distribution of said software product(s). Licensee warrants and agrees to
exercise due and reasonable precautions to preserve the proprietary aspects of
the systems and related materials ·
Maintenance
is free of charge in the first 12 months after purchase. The appropriate
maintenance charge for the processor group on which the product is installed
will be billed on the anniversary of the original invoice and annually from
then onwards. The maintenance charge is frozen for the first three years after
purchase, and is guaranteed to increase each year by no more than the UK Retail
Price Index thereafter. ·
During the
first year of free maintenance, and on condition that maintenance invoices have
been paid thereafter, customers will be entitled to free upgrades to CoolSpools
if and when new versions are released. @riadne will supply upgrade keys free of
charge if a valid maintenance contract is in force. @riadne will not supply
such keys if the maintenance contract has expired (if the latest maintenance invoice
is unpaid). ·
If a valid
maintenance contract is in force, @riadne will also provide support for
CoolSpools. Problems should be notified by email to support@ariadnesoftware.co.uk.
@riadne will use its best endeavours to respond to reasonable requests for
assistance. ·
@riadne
prices are quoted in euros and US dollars. Prices in other currencies may
fluctuate depending on the exchange rate between the euro and the currency in
question. 2. Copyright and Trademark Rights The Software is
owned by @riadne, and its structure, organization and code are the valuable
trade secrets of @riadne and its suppliers. The Software
also is protected by English Copyright Law and International Treaty provisions.
You may use
trademarks only insofar as required to comply with Section 1 of this Agreement
and to identify printed output produced by the Software, in accordance with
accepted trademark practice, including identification of trademark owner's
name. Such use of any trademark does not give you any rights of ownership in
that trademark. Except as
stated above, this Agreement does not grant you any intellectual property
rights in the Software. 3. Restrictions You agree not
to modify, adapt, translate, reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the Software. 4. No Warranty The Software is
being delivered to you AS IS and @riadne makes no warranty as to its use or
performance. @riadne MAKES
NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR
PURPOSE. IN NO EVENT
WILL @riadne OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN
IF AN @riadne REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. 4. Compensation and Taxes You agree to
pay @riadne for the Software in accordance with the fees specified in the
schedule of prices published by @riadne. Any
governmental taxes or duties due by reason of the Software furnished under this
Agreement are the Licensee's responsibility, exclusive of taxes on net income. 5. Governing Law and General Provisions This Agreement
will be governed by the laws of England and Wales. This Agreement
will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. If any part of
this Agreement is found void and unenforceable, it will not affect the validity
of the balance of the Agreement, which shall remain valid and enforceable
according to its terms. This Agreement
shall automatically terminate upon failure by you to comply with its terms.
This Agreement may only be modified in writing signed by an authorized officer
of @riadne. YOUR
ACCEPTANCE OF THE FOREGOING AGREEMENT WILL BE ASSUMED AS SOON AS YOU INSTALL
THE SOFTWARE. |
