- The software package including the user manual and any associated documentation ("the
Licensed Software") is supplied under licence
upon the following
terms and conditions which you are deemed to have accepted by installing the Licensed Software,
thereby becoming the Licensee of the Licensed Software.
- All copyrights, title and other intellectual property rights in the Licensed Software are owned
by IST and its licensors. IST and its Licensed Software Suppliers are authorised to permit the
Licensee to load the Licensed Software
onto a computer and use the Licensed Software subject to the terms and conditions set out below.
- CONDITIONS OF USE
- You may:
- use the Licensed Software in connection with the computer system and for the
number of users and purpose specified.
- make back-up copies of the Licensed Software (but not the user manual or
associated documentation) solely for back-up purposes provided that you reproduce
all copyright notices, trade marks, legends and logos on the back-up copies and
maintain an accurate record of the location of the back-up copies.
- You may not:
- permit the use of the Licensed Software by more than the specified number of users.
- make copies of the Licensed Software except for security back-up purposes.
- make copies of the user manual or associated documentation.
- distribute, transfer, loan, rent, assign, lease or sub-license the Licensed
Software or any copy or any part of it to anyone else.
- alter or adapt the Licensed Software by reverse engineering, decompiling or
disassembling it or otherwise.
- remove any copyright notice, trade mark, legend, logo or product identification
from the Licensed Software or the back-up copies.
- Educational Licensees may only use the Licensed Software as a teaching aid or in connection
with students' course work or Research which is not funded commercially or by government
- Personal Use Licensees may only use the Licensed Software for personal non-commercial
- If the Licensed Software is provided for Evaluation or Demonstration purposes then it
may not be used for any purpose other than to evaluate or demonstrate its functionality.
- If the Licensed Software is provided to Educational or Personal Use Licensees or provided
for Evaluation or Demonstration purposes then it may not be used in connection with any
commercial or governmental activity including but not limited to production of software
or other products or services which could possibly directly or indirectly generate revenue
or which are to be made widely available.
- The Licensed Software contains technology which is subject to U.S. and U.K. export
control laws and may be subject to export or import regulations in other countries. Licensee
agrees to comply with all such laws and regulations.
- The Licence Agreement becomes effective when you first install the Licensed Software.
- The Licence Agreement will terminate:
- if you notify the Licensed Software supplier that you wish to terminate
- automatically if you are in breach of or fail to comply with any term or
- after the time period, if any, specified by the Licensed Software supplier.
- Upon any termination you must destroy all copies of the Licensed Software and certify
to the Licensed Software Supplier that it has been so destroyed. Upon termination you will not be entitled to any
refund of money or other consideration paid by you.
- LIMITED 90 DAY WARRANTY
- For a period of ninety (90) days from the date on which you receive the Licensed Software,
the Licensed Software supplier will, if you discover and notify the
Licensed Software supplier of any material physical defect in the media on which the
Licensed Software is recorded, replace the defective media free of charge provided that
you return (post-paid) to the Licensed Software supplier the defective media
stating your name and address and enclosing your dated proof of purchase of the Licensed
Software (for example the invoice).
- The 90 day warranty shall not apply in the event that the Licensed Software media is
lost or stolen or has been damaged by accident, misuse, neglect or unauthorised use or
- Your sole remedy in the event of any defects in the Licensed Software media is limited
to replacement of the media under this 90 day warranty unless the Licensed Software
supplier is unable to deliver a replacement within 30 days of its return in which case you
may terminate the Licence Agreement by destroying and certifying to the Licensed
Software supplier destruction of all copies of the Licensed Software and your License Fee
will be refunded.
- THE LICENSED SOFTWARE SUPPLIER, DISTRIBUTORS AND DEALERS MAKE NO REPRESENTATIONS
OR WARRANTIES WHETHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE) RELATING TO THE PERFORMANCE,
QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE OR OTHERWISE AND
ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED.
- YOU ALONE ARE ABLE TO DETERMINE WHETHER THE SOFTWARE WILL MEET YOUR REQUIREMENTS AND THE
ENTIRE RISK AS TO ITS PERFORMANCE IS WITH YOU AND, EXCEPT TO THE EXTENT PROVIDED IN SECTION
5 ABOVE, SHOULD THE SOFTWARE PROVE DEFECTIVE YOU ALONE MUST ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL EXPENSES. IN
NO EVENT WILL THE LICENSED SOFTWARE SUPPLIER OR DISTRIBUTORS BE LIABLE FOR (1) DIRECT,
(2) INDIRECT, (3) SPECIAL, (4) INCIDENTAL OR (5) CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF
PROFITS OR BUSINESS) RESULTING FROM ANY DEFECT AND/OR USE OF THE LICENSED SOFTWARE, EVEN
IF THE LICENSED SOFTWARE SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE,
WHETHER DUE TO THE LICENSED SOFTWARE SUPPLIER'S NEGLIGENCE,
BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE.
- NOTWITHSTANDING THE ABOVE, IF THERE SHOULD ARISE ANY LIABILITY ON THE PART OF THE LICENSED SOFTWARE SUPPLIER BY
REASON OF THE LICENSING OR USE OF THE LICENSED SOFTWARE OR OTHERWISE, WHETHER DUE TO THE LICENSED SOFTWARE SUPPLIER'S
NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SUCH LIABILITY SHALL UNDER
NO CIRCUMSTANCES EXCEED THE PRICE PAID BY YOU FOR THE LICENSE TO USE THE SOFTWARE OR AT THE
ELECTION OF THE LICENSED SOFTWARE SUPPLIER THE COST OF REPAIR OR REPLACEMENT OF THE DEFECTIVE SOFTWARE.
- You shall indemnify the Licensed Software Supplier and its licensors against all
claims by third parties (other than claims alleging breach by the Licensed Software, as supplied, of a third party's copyright, patent or other intellectual property rights) arising from the possession or use of the software by you or anyone using it with your consent.
- This Licence Agreement is governed by and interpreted in accordance with the laws of
England and you agree to submit to the non-exclusive jurisdiction of the English courts.
- By installing the Licensed Software you acknowledge that you have read this Agreement,
understand it and agree to be bound by its terms and conditions.
- Any representations, modifications or amendments to this Agreement shall be of no force
unless contained in a written memorandum from the Licensed Software Supplier and signed by
a duly authorised officer of the Licensed Software Supplier.
- Any party's failure or delay in enforcing any provision hereof will not waive that
- If any provision of this Agreement is found invalid or unenforceable pursuant to any
judicial decree or otherwise the remainder of this Agreement shall remain valid and
enforceable according to its terms.
- The Licensed Software Supplier may assign or transfer its rights and obligations under this Agreement without
your prior consent.
- U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Products provided under this Agreement are
commercial computer software developed exclusively at private expense, and in all respects is
proprietary data belonging to Licensor or its suppliers. If the Licensed Products are acquired
by or on behalf of agencies or units of the Department of Defense ("DoD"), then,
pursuant to DoD FAR Supplemental Section 227.7202 and its successors (48 C.F.R. 227.7202) the
Government's right to use, reproduce or disclose the Licensed Products acquired under this
Agreement is subject to the restrictions of this Agreement. If the Licensed Products are acquired
by or on behalf of civilian agencies of the U.S. Government, then, pursuant to FAR Section 12.212
and its successors (48 C.F.R. 12.212), the Government's right to use, reproduce or disclose the
Licensed Products acquired under this Agreement is subject to the restrictions of this Agreement.