End user agreement for myhomefiling
Intelligent Filing Limited
myhomefiling License Agreement
The copyright and other intellectual property rights in this software (“the Software”) and its associated documentation are owned by Intelligent Filing Limited (a company incorporated under the Laws of England, company number 4347998, of Cumberland Court, 80 Mount Street, Nottingham, NG1 6HH (“the Owner”).
1.1 You are permitted to:
1.1.1 load the Software into and use it on a single computer which is under your control;
1.1.2 transfer the Software from one computer to another provided it is used on only one computer at any one time;
1.1.3 use the Software on a computer network provided you have purchased such number of copies of the Software equal to the maximum number of copies of the Software in use on that network at any one time;
1.1.4 transfer the Software (complete with all its associated documentation) and the benefit of this Agreement to another person provided he has agreed to accept the terms of this Agreement and you contemporaneously transfer all copies of the Software you have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this Agreement shall automatically terminate. The transferor does not retain any rights under this Agreement in respect of the transferred Software.
1.2 You are not permitted:
1.2.1 to load the Software on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution (such use requiring a separate licence);
1.2.2 except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation or use, reproduce or deal in the Software or any part thereof in any way; or
1.2.3 remove change or obscure any product identification or notice of proprietary rights and restrictions in the Software and documentation.
This Agreement is effective until you terminate it by destroying the Software and its documentation together with all copies. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control. The media on which such copies resided will after destruction of the copies residing on them revert to you.
The Owner's warranties and telephone support service under this Agreement are available only to the original registered user (being the person who has validated the Licence Registration Form).
4.1 The Owner warrants that the Software will perform substantially in accordance with its accompanying documentation (provided that the Software is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Software in all material respects. If the Owner is notified of significant errors which arise within a period of 30 days after the date of acceptance of this Agreement (“the Warranty Period”) it will correct any such demonstrable errors in the Software or its documentation within a reasonable time or (at its option) provide or authorise a refund and terminate the licence.
The above represent your sole remedies for any breach of the Owner's warranties, which are given only to the original registered user.
4.2 The express terms of this Agreement are in lieu of all warranties, conditions, representations, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
4.3 The Owner does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected. 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 documentation is assumed by you. You shall load and use the Software at your own risk and in no event will the Owner be liable to you for any indirect or special loss or damage of any kind (except personal injury or death resulting from the Owner's negligence or breach of this Agreement) including any form of lost profits or consequential loss arising from your use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise. The Owner shall also not be liable for any failure by the Software to provide any functions not specified in its associated documentation. In respect of any other claim, in no event shall the Owner's liability exceed the amount paid by you for the Software.
4.4 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.
5. Waiver of remedies
No failure or delay by the Owner or yourself to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
6. Third parties
The parties confirm that intent not to confer on any right on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this licence.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
8. Entire Agreement
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 documentation.
If you have any questions concerning this Agreement please write to Intelligent Filing Limited at Cumberland Court, 80 Mount Street, Nottingham, NG1 6HH.