This is the text of the licence agreement which must be accepted before the software is installed.
WARNING. BEFORE PROCEEDING PLEASE READ THE TERMS OF THIS LICENCE AGREEMENT CAREFULLY. YOU MAY OBTAIN A COPY OF THIS SOFTWARE PRODUCT EITHER BY DOWNLOADING IT REMOTELY OR BY COPYING IT FROM AN AUTHORISED DISKETTE, CD-ROM OR OTHER MEDIUM ("THE MEDIUM"). ALL INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAMS AND DATA, INCLUDING WORKBOOKS, HELP FILES, DOCUMENTATION AND TRAINING MATERIALS WHICH CONSTITUTE THIS SOFTWARE PRODUCT ("THE SOFTWARE") ARE AND REMAIN THE PROPERTY OF THE LICENSOR. YOU ARE LICENSED TO USE THE SOFTWARE ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS LICENCE AGREEMENT.
BY CLICKING ON THE "I ACCEPT" BUTTON, WHICH FOLLOWS THIS LICENCE AGREEMENT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS OF 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 ("MULTIPLE USER LICENSEE"). IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS THEN CLICK ON THE "I DECLINE" BUTTON.
IN THE CASE OF A MULTIPLE USER LICENCE, PAYMENT IS DUE BEFORE YOU INSTALL THE SOFTWARE.
IN THE CASE OF A SINGLE USER LICENCE, YOU HAVE A TRIAL PERIOD TO ASSESS WHETHER THE SOFTWARE IS SUITABLE FOR YOUR NEEDS. THIS TRIAL PERIOD IS DISPLAYED ON THE INITIAL SET-UP SCREEN, AND STARTS FROM THE DATE ON WHICH THE SOFTWARE IS FIRST INSTALLED. IF AFTER THIS TRIAL PERIOD OR AT ANY TIME DURING THE TRIAL PERIOD YOU DECIDE THAT YOU DO NOT WISH TO CONTINUE TO LICENSE THE SOFTWARE AND THEREFORE YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD DELETE THE SOFTWARE FROM YOUR COMPUTER BY FOLLOWING THE PROCEDURE "REMOVING THE SOFTWARE" DESCRIBED IN THE SOFTWARE'S HELP SYSTEM. YOUR RIGHT TO REJECT THE SOFTWARE WILL EXPIRE AFTER THIS TRIAL PERIOD AND YOU WILL BE DEEMED TO HAVE ACCEPTED THE SOFTWARE. PAYMENT WILL BE REQUIRED IN ORDER FOR YOU TO CONTINUE TO USE ALL FEATURES OF THE SOFTWARE.
IN THE CASE OF A DEMONSTRATION LICENCE, NO PAYMENT IS REQUIRED.
IF YOU COPY THE SOFTWARE OR OBTAIN THE SOFTWARE IN ANY WAY OTHER THAN AS EXPRESSED IN THIS CLAUSE YOU WILL STILL BE SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.
| 1 | DEFINITIONS |
| "The Licensor" means Logic Software and Systems Limited. | |
| "You" means the reader and any Multiple User Licensee (the Licensee). | |
| 2 | GRANT OF LICENCE |
| 2.1 | Provided that you have paid the applicable licence fee, the Licensor grants to you an unlimited, non-exclusive licence to use the Software providing the use falls within the permitted use set out below and for no other purpose. Your licence does not permit you to sub-license third parties. |
| 3 | PERMITTED USE |
| 3.1 | Different types of licence are available to use the Software provided you have paid the appropriate fee: |
| 3.1.1 | a Demonstration Licence or a Single User Licence authorises you to use the Software on a single computer only which is under your control; |
| 3.1.2 | a Multiple User Licence authorises you to use and copy the Software for use on any computer system controlled by you or any member of your Multiple User group, which expression includes the Multiple User Licensee, the Multiple User Licensee's majority-owned subsidiaries, any parent company having a majority-owned interest in the Multiple User Licensee, and such parent's majority-owned subsidiaries. |
| 3.2 | You may decide to up-grade from a Demonstration Licence to a Single User Licence or a Multiple User Licence, or from a Single User Licence to a Multiple User Licence on payment to the Licensor of the appropriate fee. |
| 3.3 | You may make copies of the Software for backup, archival and other security purposes provided that all copyright notices and any other proprietary notices specified on the Software are reproduced on any such copies or partial copies. |
| 4 | RESTRICTIONS ON USE |
| You may not, nor permit others to: | |
| 4.1 | use, copy, modify or transfer the Software (including any related documentation) or any copy, in whole or in part, except as expressly provided for in this Licence Agreement; |
| 4.2 | create derivative works based upon the Software; |
| 4.3 | translate, disassemble, decompile, reverse engineer or modify the Software; |
| 4.4 | delete, vary or obscure any proprietary notices on or in the Software. |
| 5 | UNDERTAKINGS |
| 5.1 | You undertake to ensure that any third party is made aware of the terms of this Licence Agreement before using the Software. |
| 5.2 | You undertake to hold all data (including object and source codes), drawings, specifications, software listings and all other information relating to the Software, confidential and not at any time disclose the same, during this licence or after its expiry or whether directly or indirectly, to any third party without the Licensor's consent. |
| 6 | OWNERSHIP |
| 6.1 | The Licensor retains ownership of the Software and related documentation and all copies of the Software at all times, which are copyright works and are also protected under applicable database laws. |
| 7 | WARRANTY |
| 7.1 | Subject to the limitations and exclusions of liability set out below, the Licensor offers no warranties in respect of the Software. Technical support will not be provided in respect of the Software unless agreed expressly by the Licensor in writing and in such event will be subject to separate terms and conditions. |
| 7.2 | The Licensor shall not be liable if the Software fails because of any corruption, abuse or incorrect use of the Software (including use of the Software with equipment or other software which is incompatible) or because of any variation, modification or addition to the Software not performed by the Licensor. |
| 8 | DISCLAIMER |
| 8.1 | All other guarantees, representations and warranties of any kind, whether express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or ability to achieve a particular result are hereby excluded, so far as such exclusion or disclaimer is permitted under the applicable law. You assume the entire risk as to the quality and performance of the Software. Should the Software 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 Software will meet your requirements or that its operation will be uninterrupted or error free. This Licence Agreement does not affect your statutory rights. |
| 9 | LIMITATION OF LIABILITY |
| 9.1 | If for any reason the Licensor is in breach of this Agreement then you may, as your sole and exclusive remedy, obtain a replacement if you return the Software to the Licensor or to your supplier. If the Licensor is unable to deliver a replacement that is free of material defects, you may terminate this Licence Agreement by returning the Software to the Licensor or your supplier and any money you paid for the Software will be refunded, along with the cost of postage and packing. |
| 10 | EXCLUSION OF LIABILITY |
| 10.1 | In no event shall the Licensor be liable to you for any damages, including loss of business, loss of opportunity, loss of data, loss of profits or for any other indirect or consequential loss or damage whatsoever arising out of the use of or inability to use the Software, even if the Licensor has been made aware of the possibility of such damages. |
| 10.2 | Nothing in this Licence Agreement shall exclude or limit the liability of the Licensor for fraudulent misrepresentation or for death or personal injury resulting to the Licensee from the negligence of the Licensor. |
| 10.3 | No warranties are given as to the use that the Software may be put to. In particular the Licensor will not accept any liability for any third party usage whatsoever or howsoever made, and it is advised that the Software must not be used in circumstances where failure of the Software could result in death, personal injury, or damage to property or the environment. |
| 11 | TERMINATION |
| 11.1 | This Licence Agreement will terminate automatically if you breach any of its terms or if you destroy the Software and any copies or return the Software to the Licensor or your supplier voluntarily. |
| 12 | EFFECTS OF TERMINATION |
| 12.1 | Upon termination all rights you have to use the Software will cease and you must destroy or delete the Software and all copies from all storage media in your control. If required you may be directed to return the medium and all items forming part of the Software to the Licensor or a licensed reseller. |
| 12.2 | If you decide to cancel the licence during the trial period and you have made an initial payment to the Licensor then such payment will be refunded. If you have purchased the licence through a third party then please contact the third party to discuss refunds. The Licensor will not guarantee to make any refund where a third party has taken payment. |
| 13 | SEVERABILITY |
| 13.1 | If any provision of this Licence Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Licence Agreement had been agreed with the invalid illegal or unenforceable provision eliminated. |
| 14 | ENTIRE AGREEMENT |
| 14.1 | This Licence Agreement contains the entire Agreement between us relating to the subject matter and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter. |
| 15 | GOVERNING LAW AND JURISDICTION |
| 15.1 | This agreement shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales. |
TERMS OF BUSINESS FOR CONSULTANCY/TRAINING/DEVELOPMENT WORK
If you subscribe for consultancy services in connection with the Software as defined above then the services will be provided on our standard Consultancy Terms a copy of which will be supplied.
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