End user agreement for TextTak
PLEASE READ THIS CAREFULLY BEFORE YOU INSTALL THIS SOFTWARE
YOUR RIGHT TO USE THIS SOFTWARE PRODUCT IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE AGREEMENT. INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT OR UNDERSTAND THEM, YOU SHOULD NOT INSTALL THE SOFTWARE.
NOTE: TECHNICAL SUPPORT AS WELL AS NOTIFICATION OF UPGRADES IS ONLY PROVIDED TO USERS WHO PURCHASE A SOFTWARE REGISTRATION KEY. FOR THOSE WHO DO PURCHASE A KEY TECHNCIAL SUPPORT WILL BE PROVIDED VIA EMAIL FOR 60 DAYS. AFTER THAT PERIOD SUPPORT WILL BE PROVIDED ONLY UNDER A SEPARATE SUPPORT AGREEMENT.
1 GRANT OF LICENCE
Under copyright law you are not permitted to install or run the software product ('the Software') or use the user manuals and other documentation including online help text ('the Manuals') supplied to you without the permission of PCPM Software Limited ('the Owner')'. In consideration of your agreement to the terms of this agreement the Owner grants you, a non-exclusive right ('the Licence') to install and run the Software and use the Manuals as permitted by this Agreement. All references to the Software mean the object code only of the program(s) comprising the Software.
YOU ARE PERMITTED TO:
1.1 use the Software and Manuals for a period of 30 days without purchasing a registration key for the purpose of evaluating the Software, once the 30 day period has expired you must purchase a registration key to continue using the Software;
1.2 use the Software and Manuals in connection with a single computer-if you wish to use the Software on more than one computer, you must obtain a separate licence for another copy of the Software;
1.3 load the Software and use it only on a single computer which is under your control;
1.4 transfer the Software from one computer to another provided that the Software is installed and used on only one computer at a time;
1.5 make a back-up copy of the Software in support of your permitted use of the Software provided you label the back-up copy with the Owner's copyright notice-any other copies of the whole or any part of the Software are unlawful;
1.6 use the Software for your personal use or in your business or profession-permitting unauthorised access to, copying or use of the Software and Manuals is a breach of this Agreement;
1.7 transfer the Software and Manuals and your Licence on a permanent basis to another person only if that person agrees to accept the terms of this Agreement and you either transfer all copies (including the most recent update and all prior versions) to that person or destroy any copies not transferred. If you transfer possession of any copy of the Software to another person, your Licence is automatically terminated.
1.8 give exact copies of Software and Documentation, but not any registration keys, to anyone;
1.9 distribute the Software and Documentation in its unmodified form via electronic means.
YOU MAY NOT NOR PERMIT OTHERS TO:
1.10 give copies of any registration keys to anyone;
1.11 distribute any registration keys via electronic or any other means;
1.12 use, copy or transfer the Software except as permitted by this Agreement;
1.13 rent, loan, lease, sub-licence or otherwise deal in the Software and Manuals:
1.14 copy the Manuals in any manner;
1.15 alter, adapt, merge, modify or translate the Software or the Manuals in any way for any purpose, including,without limitation, for error correction;
1.16 reverse-engineer, disassemble or decompile the Software except that you may decompile the Software only to the extent permissable by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software or with another program and such information is not readily available from the Owner or elsewhere;
1.17 remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the Software and Manuals.
2 TERM AND TERMINATION
2.1 The Licence for the registered version of the software will continue until terminated. You may terminate it at any time by destroying the Software and Manuals together with all copies in any form. The Licence for the evaluation version of the software will be for 30 days.
2.2 Your Licence to use the Software and Manuals will terminate automatically if you fail to comply with any term of this Agreement. The Licence will also terminate without further action or notice by the Owner if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.
2.3 Upon termination of the Licence for any reason you will destroy the Software and Manuals together with all copies in any form, including copies on your hard and back-up disks. Any use of any copies of the Software or Manuals after termination of the Licence is unlawful.
3 LIMITED WARRANTY
The Owner warrants only to you, as the original licensee, that:
3.1 the Software when used properly will provide the functions and facilities as described in the user manual supplied for the Software; and
3.2 the media on which the Software is recorded will be free from defects in material and workmanship under normal use.
The Owner's entire liability and your exclusive remedy under the warranties given in this section 3 will be, at the Owner's option, to either:
3.3 repair or replace the Software or media which does not conform with the warranty or
3.4 refund the price paid for the Software and terminate the Licence.
This remedy is subject to the return of the Software with a copy of your payment receipt to the Owner not later than 5 days after the end of a period of 30 days from the date of your receipt of the Software Registration Key.
4 EXCLUSION OF OTHER WARRANTIES
Except for the express warranties in section 3 the Owner and its suppliers make and you receive no other warranties, conditions
Or representations, express or implied, statutory or otherwise, and without limitation the implied terms of merchantability
And fitness for a particular purpose are excluded. The Owner does not warrant that the operation of the Software will be
Error free or uninterrupted. It is your responsibility to ensure that the Software is suitable for your needs and the entire
Risk as to the performance and results of the Software and Manuals is assumed by you.
5.1 In no event will either the Owner or its suppliers be liable for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract, tort, including negligence, or otherwise.
5.2 If any exclusion, disclaimer or other provision contained in this Agreement is held invalid for any reason and the Owner becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by you for the Software.
5.3 The Owner does not exclude or limit liability for
5.3.1 death or personal injury resulting from an act or negligence of the Owner
5.4 You acknowledge that the allocation of risk in this Agreement reflects the price paid for the Software and also the fact that it is not within the Owner's control how and for what purposes the Software is used by you.
6.1 This Agreement is the entire agreement between you and the Owner and supersedes any other oral or written
communications, agreements or representations with respect to the Software and Manuals.
6.2 Nothing in this Agreement will affect the statutory rights of a consumer in 'consumer transactions' under any applicable statute.
6.3 If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement will not be affected.
6.4 This Agreement is governed by the laws of England and Wales.