End user agreement for Adaptive Home Logic - AHL/3
This license ("License") contains rights and restrictions associated with the use of the accompanying Software. Please read the License terms and conditions carefully before utilizing the Software. By using the Software you agree to be bound by the terms and conditions of this license.
As used in this licence agreement, ‘Software’ refers to the computer program and its associated program files contained within this setup package, including updated versions, patches, plug-ins, drivers or revisions subsequently supplied by Acentient Software. 'Data' refers to the non-Software information, which is used and manipulated by the software. 'Related Material' refers to anything else contained within this setup package, all files, other than Software and Data, or subsequently supplied by Acentient Software for use with the Software.
In order to protect and preserve its rights under law, Acentient Software does not sell you the ownership rights to the Software or to its Related Material. Acentient Software retains title to all its Software and Related Material.
2. Disclaimer of Warranty.
This Software and its Related Material is provided "as-is," without any express or implied warranty. Acentient Software does not warrant that this Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. In no event shall Acentient Software or the author of the Software be held liable for any damages arising from the use of this Software or its Related Material.
All express or implied representations and warranties, including any implied warranty of merchantability or fitness for a particular purpose, are hereby excluded.
3. Limitation of Liability.
In no event will Acentient Software or the author of the Software be liable for any lost revenue, profit or data, or for direct, indirect, special, consequential, incidental or punitive damages however caused and regardless of theory of liability arising out of the use of, or inability to use, Software, even if Acentient Software or its agents has been advised of the possibility of such damages. End user agrees to hold Acentient Software harmless for any problems arising from the use of Software.
4. Limited License Grant.
Acentient Software grants to you ("Licensee") a nonexclusive, revocable, non-transferable, worldwide, royalty-free license to use this Adaptive Home Logic application (the "Software"). Prior to Licensee's purchase of a Registration Code from Acentient Software, Licensee agrees to use the Software solely for Licensee's internal evaluation purposes and not for operations of any critical nature. Following the purchase of a Registration Code from Acentient Software, Licensee agrees to use the Software only on a single computer and not for operations of any critical nature.
Except where otherwise noted, the Software and its Related Material is copyrighted by Acentient Software. Copyright (c)2004-2011 Acentient Software. All rights reserved. Title to all copies is retained by Acentient Software and/or its licensors. Licensee may make copies of Software, for the sole purposes of back-up or archival purposes and the trial of the Software on other computers. Licensee shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the Software. Software may not be transferred, leased, assigned, or sublicensed, in whole or in part. No right, title or interest in and to any trademarks or trade names of Acentient Software or Acentient Software licensors is granted hereunder.
Due to the general-purpose nature of this software, it should in no way be used in any control applications of a critical nature, which could in any way endanger life. As this software has not had the extensive specific testing, fail safes and back-up structures that such a system would require.
Software is confidential and proprietary information of Acentient Software and / or its licensors. Licensee agrees to take adequate steps to protect Software and its Related Material from unauthorized disclosure or use.
Licensee may terminate this License at any time by destroying all copies of Software and it Related Material. This License will terminate immediately without notice from Acentient Software if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of Software.
8. Governing Law.
This Agreement is made under, and shall be governed by and construed in accordance with the laws of England, excluding its choice of law provisions.
If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction, However, if in Acentient Software’s opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights of Acentient Software or its licensors, Acentient Software reserves the right to terminate the License and refund the fee paid by Licensee as Licensee's sole and exclusive remedy.
This Agreement is the entire agreement between Licensee and Acentient Software relating to Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party.