TACHOSOFT SOFTWARE
LICENcE AGREEMENT
Please read this carefully before using of software/service:
WARNING
We own the copyright trade mark, trade names, patents and other
intellectual property rights subsisting in or used in connection with
the Tachosoft software including all documentation and manuals and all
other copies which you are authorised to make by this agreement. It is
unlawful to load the software into a computer without our licence. We
are willing to license the software to you only on the condition that
you accept all the terms contained in this licence agreement. Please
read this licence agreement carefully before breaking the seal on the
product packaging or downloading the software. By Downloading and/or
opening this packaging you agree to be bound by the terms of this
agreement. If you do not agree with these terms and conditions we are
unwilling to license the software to you, and you should not download
and/or open this package. In such case you should, within 14 days of
purchase, return the unopened package and all accompanying items to us
or your supplier with proof of purchase for a full refund.
[Note: Technical support as well as notification of upgrades is only
provided to registered users of Tachosoft software.]
A. Property of Tachosoft
You may obtain a copy of this software product either by downloading it
remotely from our server or by mail order (Hard Media). The copyright,
database rights and any other intellectual property rights in the
programs and data which constitute this software product ('the
materials'), together with the hard media on which they were supplied to
you, are and remain the property of the licensor (Tachosoft). You are
licensed to use them only if you accept all the terms and conditions set
out below.
B. Licence acceptance procedure
By requesting to purchase Tachosoft and/or TachosoftOnline, you indicate
acceptance of this licence agreement and the limited warranty and
limitation of liability set out in this licence agreement. Such
acceptance is either on your own behalf or on behalf of any corporate
entity which employs you or which you represent ('corporate licensee').
In this licence agreement, 'you' includes both the reader and any
corporate licensee.
C. Licence rejection procedure
You should therefore read this licence agreement carefully before you
continue to request purchase. If you do not accept these terms and
conditions, you should delete any materials from your computer related
to Tachosoft/TachosoftOnline and promptly (and in any event, within 14
days of receipt) return to the licensor or a licensed reseller.
-
Any hard media; i.e. CD disc, USB memory device..
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any other items provided that are part of this product; (Manuals,
etc) and
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your dated proof of purchase. Any money you paid to the licensor or a
licensor reseller for the materials will be refunded, along with all
costs of postage and packing.
D. Other agreements
If your use of these programs and data is pursuant to an executed
licence agreement, such agreement shall apply instead of the following
terms and conditions.
E. Stolen Property / Crack Copy / Redistribution of Software
Versions
Materials of Tachosoft distributed otherwise in accordance with a
licence agreement are in violation of our terms and conditions.
Individuals and/or entities representing themselves as resellers/agents
for Tachosoft other than those exclusively stated by the Licensor (Tachosoft)
do not have rights to sell/distribute the Tachosoft software and are
therefore doing so fraudulently and illegally! All materials sold
without licence from tachosoft and/or licence agreement are to be
considered stolen property! The seller should be reported to local
authorities, point of media advertising (i.e. Ebay, etc), and to
Tachosoft for action to be implemented against the offending article(s).
Parties found to be selling/distributing illegal copies of Tachosoft
software may be liable to prosecution and compensation claims for
damages against Tachosoft.
LICENCE AGREEMENT
AND LIMITED WARRANTY
1. Ownership of materials and copies
The Materials and related documentation are copyrighted works of
authorship, and are also protected under applicable database laws. The
Licensor retains ownership of the Materials and all subsequent copies of
the Materials, regardless of the form in which the copies may exist.
This licence is not a sale of the original Materials supplied by
Tachosoft or any copies made from the original version.
2. Licence
Provided that you have paid the applicable licence fee, the Licensor
grants to you a limited, non-exclusive licence to:
2.1 use and copy the Materials for use on any computer system owned,
leased and/or controlled by you or any member of your corporate group,
which expression includes the Corporate Licensee, the Corporate
Licensee's majority-owned subsidiaries, any parent company having a
majority-owned interest in the Corporate Licensee, and such parent's
majority-owned subsidiaries;
2.2 make copies of the Materials for back-up and archival purpose only.
3. Licence restrictions
You may not use, copy, modify or transfer the Materials (including any
related documentation) or any copy, in whole or in part, including any
print-out of all or part of any database, except as expressly provided
for in this licence. If you transfer possession of any copy of the
Materials to another party, your licence is automatically terminated.
You may not translate, reverse engineer, decompile, disassemble, modify
or create derivative works based on the Materials. You may not vary,
delete or obscure any notices of proprietary rights or any product
identification or restrictions on or in the Materials.
4. No transfer
The Materials are licensed only to you. You may not rent, lease,
sub-license, sell, assign, pledge, transfer or otherwise dispose of the
Materials, on a temporary or permanent basis, without the prior written
consent of the Licensor.
5. Undertakings
You undertake to:
5.1 ensure that, prior to use of the Materials by your employees or
agents, all such parties are notified of this licence and the terms of
this Agreement;
5.2 reproduce and include our copyright notice (or such other party's
copyright notice as specified on the Materials) on all and any copies of
the Materials, including any partial copies of the Materials;
5.3 hold all drawings, specifications, data (including object and source
codes), software listings and all other information relating to the
Materials confidential and not at any time, during this licence or after
its expiry, disclose the same, whether directly or indirectly, to any
third party without the Licensor's consent.
6. Limited warranty
6.1 Subject to the limitations and exclusions of liability below, the
Licensor warrants that (a) the hard media provided (CD, USB device, etc)
on which the Materials are furnished will be free from material defects
under normal use; and that (b) the copy of the program in the package
will materially conform to the documentation which accompanies the
package. The Warranty Period is 90 days from the date of delivery to
you.
6.2 The Licensor shall not be liable under the said warranty above if
the Materials fail to operate in accordance with the said warranty as a
result of any modification, variation or addition to the Materials not
performed by the Licensor or caused by any abuse, corruption or
incorrect use of the software, including use of the software with
equipment or other software which is incompatible.
7. No other warranties
The foregoing warranty is made in lieu of any other warranties,
representations or guarantees of any kind, either expressed or implied,
including, but not limited to, any implied warranties of quality,
merchantability, fitness for a particular purpose or ability to achieve
a particular result. You assume the entire risk as to the quality and
performance of the Materials. Should the Materials prove defective, you
(and not the Licensor nor any licensed reseller) assume the entire cost
of all necessary servicing, repair or correction. The Licensor does not
warrant that the Materials will meet your requirements or that its
operation will be uninterrupted or error free.
8. Limitation of liability
The Licensor's entire liability and your exclusive remedy shall be the
replacement of any software/service not meeting the Licensor's 'Limited
Warranty' and which is returned to the Licensor together with dated
proof of purchase
9. Exclusion of liability
In no event will the Licensor be liable to you for any damages,
including any lost profits, lost savings, loss of data or any indirect,
special, incidental or consequential damages arising out of the use of
or inability to use such software, even if the Licensor has been advised
of the possibility of such damages. Nothing in this Agreement limits
liability for fraudulent misrepresentation.
10. Term
The licence is effective until terminated. You may terminate it at any
time by destroying the Materials together with all copies in any form.
It will also terminate upon conditions set out elsewhere in this
Agreement or if you fail to comply with any term or condition of this
Agreement or if you voluntarily return the Materials to us. You agree
upon such termination to destroy the Materials together with all copies
in any form.
11. General
11.1 You agree that the Licensor shall have the right, after supplying
undertakings as to confidentiality, to audit any computer system on
which the Materials are installed in order to verify compliance with
this software licence.
11.2 Each party irrevocably agrees that the courts of the country of
registration of the Licensor, its subsidiary office, or reseller which
issues an invoice for this licence, shall have exclusive jurisdiction to
resolve any controversy or claim of whatever nature arising out of or in
relation to this Agreement and the place of performance of this
Agreement shall be that country and that the laws of that country shall
govern such controversy or claim.
11.3 This Agreement constitutes the complete and exclusive statement of
the Agreement between the Licensor and you with respect to the subject
matter of this Agreement and supersedes all proposals, representations,
understandings and prior agreements, whether oral or written, and all
other communications between us relating to that subject matter.
11.4 Failure or neglect by either party to exercise any of its rights or
remedies under this Agreement will not be construed as a waiver of that
party's rights nor in any way affect the validity of the whole or part
of this Agreement nor prejudice that party's right to take subsequent
action.
11.5 This Agreement is personal to you and you may not assign, transfer,
sub-contract or otherwise part with this Agreement or any right or
obligation under it without the Licensor's prior written consent.
Should you have any questions concerning this Agreement you may contact
Tachosoft UK by email: support@tachosoft-uk.co.uk
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