End user agreement for HealthChecK
Healthcheck Software License Agreement
Notice to user: please read this contract carefully. By using all or any
portion of the HealthchecK software "software" you accept all
the terms and conditions of this agreement, including, in particular the
limitations on: use contained in section 2; transferability in section 4;
warranty in section 6; and liability in section 7. You agree that this
agreement is enforceable like any written negotiated agreement signed by
you. If you do not agree, do not use this software.
Kutchka owns all intellectual property in the Software except where acknowledged in section 12. Kutchka
permits you to Use the Software only in accordance with the terms of this Agreement.
1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media
with which this Agreement is provided, including but not limited to (i) Kutchka or third party computer
information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii)
fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed
to you by Kutchka (collectively, "Updates". "Use" or "Using" means to access, install, download, copy or
otherwise benefit from using the functionality of the Software in accordance with the Documentation.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license)
granted by Kutchka. "Computer" means an electronic device that accepts information in digital or similar
form and manipulates it for a specific result based on a sequence of instructions. "Kutchka" means
Kutchka Limited, 26 Whitehead Drive, Wellesbourne, Warwickshire, CV35 9PW.
2. Software License. As long as you comply with the terms of this Software License Agreement (this
"Agreement"), Kutchka grants to you a non-exclusive license to Use the Software for the purposes
described in the Documentation.
2.1 General Use. You may install and Use a copy of the Software on your compatible computer, up to the
Permitted Number of computers.
2.2 Server Use and Distribution.
2.2.1 The software is not licenced for server installation.
2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not
installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all
rights in the Software as provided under Section 4.
2.4 Portable or Home Computer Use. In addition to the single copy permitted under Sections 2.1 and 2.3,
the primary user of the computer on which the Software is installed may make a second copy of the
Software for his or her exclusive use on either a portable Computer or a Computer located at his or her
home, provided the Software on the portable or home Computer is not used at the same time as the
Software on the primary computer.
2.5 No Modification. You may not alter or modify the Software or create a new installer for the Software.
You are not authorized to integrate or use the Software with any other software.
3. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you
make are the intellectual property of and are owned by Kutchka Limited. The structure, organization and
code of the Software are the valuable trade secrets and confidential information of Kutchka Limited. The
Software is protected by law, including without limitation the copyright laws of the United Kingdom and
other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement
does not grant you any intellectual property rights in the Software and all rights not expressly granted are
reserved by Kutchka.
4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software
that you make must contain the same copyright and other proprietary notices that appear on or in the
4.2 No Modifications. You shall not modify, adapt or translate the Software. You shall not reverse
engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except
to the extent you may be expressly permitted to decompile under applicable law, if it is essential to do so in
order to achieve operability of the Software with another software program, and you have first requested
Kutchka to provide the information necessary to achieve such operability and Kutchka has made such
information available. Kutchka has the right to impose reasonable conditions and to request a reasonable
fee before providing such information. Any such information supplied by Kutchka and any information
obtained by you by such permitted decompilation may only be used by you for the purpose described
herein and may not be disclosed to any third party or used to create any software which is substantially
similar to the expression of the Software. Requests for information should be directed to Kutchka.
4.3 Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or
authorize all or any portion of the Software to be copied onto another user's computer except as may be
expressly permitted herein.
5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid
license to such previous version in order to Use such Update. All Updates are provided to you on a license
exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any
previous version of the Software. As an exception, you may continue to Use previous versions of the
Software on your Computer after you Use the Update buy only to assist you in the transition to the Update,
provided that: (a) the Update and the previous versions are installed on the same computer; (b) the
previous versions or copies thereof are not transferred to another party or Computer unless all copies of the
Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation
Kutchka may have to support the previous versions of the Software may be ended upon availability of the
6. No warranty. The Software is being delivered to you "AS IS" and Kutchka makes no warranty as
to its use or performance. Kutchka does not and cannot warrant the performance or
results you may obtain by using the software. Except for any warranty,
condition, representation or term to the extent to which the same cannot
or may not be excluded or limited by law applicable to you in your
jurisdiction, Kutchka makes no warranties conditions, representations, or
terms (express or implied whether by statute, common law, custom, usage
or otherwise) as to any matter including without limitation
noninfringement of third party rights, merchantability, integration,
satisfactory quality, or fitness for any particular purpose. The provisions of
Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall
not imply or create any continued right to Use the Software after termination of this Agreement.
7. Limitation of liability. In no event will Kutchka be liable to you for any
damages, claims or costs whatsoever or any consequential, indirect,
incidental damages, or any lost profits or lost savings, even if a Kutchka
representative has been advised of the possibility of such loss, damages,
claims or costs or for any claim by any third party. The foregoing
limitations and exclusions apply to the extent permitted by applicable law
in your jurisdiction. Kutchka’s aggregate liability under or in connection
with this agreement shall be limited to the amount paid for the software,
if any. Nothing contained in this Agreement limits Kutchka’s liability to you in the event of death or
personal injury resulting from Kutchka’s negligence or for the tort of deceit (fraud). Kutchka is acting on
behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and
liability as provided in this Agreement, but in no other respects and for no other purpose. For further
information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact
8. Governing Law. This Licence shall be governed by and construed in accordance with English law and
the parties hereto submit to the exclusive jurisdiction of the English courts.
9. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the
validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.
This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement
may only be modified by a writing signed by an authorized officer of Kutchka. Updates may be licensed to
you by Kutchka with additional or different terms. This is the entire agreement between Kutchka and you
relating to the Software and it supersedes any prior representations, discussions, undertakings,
communications or advertising relating to the Software.
10. Compliance with Licenses. If you are a business or organization, you agree that upon request from
Kutchka or Kutchka’s authorized representative, you will within thirty (30) days fully document and certify
that use of any and all Software at the time of the request is in conformity with your valid licenses from
11. Specific Exceptions.
11.1 Pre-release Product Additional Terms. If the product you have received with this license is pre-
commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the
extent that any provision in this Section is in conflict with any other term or condition in this Agreement,
this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software,
but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release
version, does not represent final product from Kutchka, and may contain bugs, errors and other problems
that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided
to you "AS-IS", and Kutchka disclaims any warranty or liability obligations to you of any kind. WHERE
LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE
LIMITED, KUTCHKA’S LIABILITY SHALL BE LIMITED TO THE SUM OF TEN POUNDS (UK
Sterling £10) IN TOTAL. You acknowledge that Kutchka has not promised or guaranteed to you that Pre-
release Software will be announced or made available to anyone in the future, Kutchka has no express or
implied obligation to you to announce or introduce the Pre-release Software and that Kutchka may not
introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge
that any research or development that you perform regarding the Pre-release Software or any product
associated with the Pre-release Software is done entirely at your own risk. During the term of this
Agreement, if requested by Kutchka, you will provide feedback to Kutchka regarding testing and use of the
Pre-release Software, including error or bug reports. You agree that you may not and certify that you will
not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later
unreleased version of the Pre-release Software or release by Kutchka of a publicly released commercial
version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return
or destroy all earlier Pre-release Software received from Kutchka and to abide by the terms of the license
agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section
to the contrary you agree that you will return or destroy all unreleased versions of the Pre-release Software
within twenty (20) days of the completion of your testing of the Software when such date is earlier than the
date for Kutchka's first commercial shipment of the publicly released (commercial) Software.
12. Open Source Software Acknowledgement. This product contains Open Source Software provided as
part of the OpenSSL effort. The Open Source Software in this product is Copyright (C) 1995-1997 Eric
Young (firstname.lastname@example.org) All rights reserved.
If you have any questions regarding this Agreement or if you wish to request any information from
Kutchka please use the address and contact information included with this product.