SOFTWARE LICENSE AGREEMENT
Please read the terms and conditions of this license agreement (the "License") before installing the computer software (the "Software"). By installing and using the Software you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the Software between you and ITDEV Consulting ("ITDEV") and it supersedes any prior proposal or representation. If you do not agree with these terms and conditions, promptly un-install the Software and, if you paid for a License, contact your distributor for a refund of the amount that you paid. The term "Software" includes, and these terms and conditions also apply to, any updates, modifications and upgrades to the Software that you may receive from time to time.
1. License Grant
ITDEV grants to you a non-exclusive, non-transferable license with respect to the Software accompanying this License and any upgrades or updates to such software licensed to you by ITDEV (the "Software") to install and use the Software on a single standalone computer. The associated documentation ("Documentation") may not be copied.
You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from ITDEV. You agree that you will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software. You may not use the Software for any use prohibited by law.
2. ITDEV’ Rights
You acknowledge and agree that the Software and Documentation (the "Licensed Products") are proprietary products of ITDEV under international copyright law and disclosed to you by ITDEV in confidence. You shall take all reasonable steps to safeguard the Licensed Products. ITDEV owns and retains all copyright-, trademark-, trade secret- and other proprietary rights in and to the Licensed Products. This License conveys only a non-exclusive and limited right of use to you, revocable in accordance with the terms and conditions of this License.
3. NO WARRANTIES
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU, AND NOT ITDEVOR ITS AUTHORRIZED AGENTS AND RESELLERS ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR AS WELL AS ANY DAMAGES, INCLUDING LOSS OF DATA, WHICH OCCUR AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. NO ITDEVAGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. NO ITDEV AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
4. Limitations of Liability
In no event shall ITDEV be liable for any damages to you or any other party whether arising out of contract or from tort including but not limited to loss of data, profits or business, or other special, incidental, exemplary or consequential damages, even if ITDEV has been advised of the possibility of such loss or damages. ITDEV’ cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This section shall survive termination of this License.
5. Termination
This agreement is in effect until terminated. You may terminate the agreement at any time by destroying all copies of the Software and Documentation and erasing any copies on storage media. The agreement also terminates if you fail to comply with any terms and conditions of this agreement. In such an event, you agree to destroy and erase all copies of the Software and Documentation, and ITDEV will be entitled to all remedies in accordance with applicable law.
6. General
This agreement is governed by the laws of England and the parties agree to the non-exclusive jurisdiction of the English courts.
If any of the provisions of this Agreement are invalid or become illegal or unenforceable then to that extent the offending provisions shall be deemed omitted and shall not affect the enforceability of the remaining provisions hereof which shall remain in full force and effect.
In the event that you have signed a corporate or other master license for the Software (Corporate License) then, to the extent that the terms of such Corporate License may conflict with any of the provisions of this Agreement, such Corporate License shall be deemed to supersede.
7. Contact
I Agree