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Software
Licence
1.
INTRODUCTION
a. This
Licence Agreement (“Agreement”) is an agreement between you
and Digital Detective. Please read these terms and
conditions carefully before downloading any software and
applicable documentation as they contain important
information about your rights and obligations. It governs
your use of the software ("the Software") supplied to you by
Digital Detective and related documentation. In particular,
we draw your attention to clause 8 (limitation of
liability).
b. By
downloading, installing or otherwise using the Software you
agree to be legally bound by this Licence Agreement as it
may be modified and posted on our website from time to time.
c.
If you do
not wish to be bound by this Agreement, then you may not
download or use the Software.
2.
LICENCE
a.
Specific
conditions of use which apply to the type of licence you
have acquired from Digital Detective are:
b.
Evaluation
Licence for non-chargeable Software: You may use the
Software freely within your organisation to assess whether
it meets your needs.
c.
Evaluation
Licence for chargeable Software: You may use the Software
within your organisation to assess whether it meets your
needs for a period of up to 30 days from its supply to you.
At the end of this period, if you do not purchase another
licence from Digital Detective you must destroy all copies
of the Software supplied to you, including copies installed
on any computer, and all related documentation.
d.
End-User PC
Licence:
i.
With a
single End-User PC Licence you may install and use one copy
of the Software on a single computer. You may not share the
licence between different computers, nor install it on a
server based computer, nor use the Software on more than one
computer at the same time.
ii.
Use of the
software on a second computer such as a portable or laptop
will require a further licence.
iii.
In addition
to the above, if you have bought a licence for a number of
concurrent users you may install the Software on any number
of computers at one single physical (geographical) location
notified to Digital Detective provided it is used on no more
computers than that number of licensed users at any one
time.
e.
Site
Licence: You may install and use the Software on any number
of computers or terminals located at the single physical
(geographical) location notified to and agreed by Digital
Detective.
f.
Licences are
non-transferable. Licence name changes may be permitted on
charge of an administration fee.
3.
RESTRICTIONS
ON USE
a.
You may make
a reasonable number of copies of the Software and licences,
solely for backup and recovery purposes. Any such copies
shall in all respects be subject to the terms and conditions
of this Agreement.
b.
You shall
not make copies of the Software additional to those
expressly permitted in this Licence Agreement.
c.
You shall
not copy any written documentation accompanying the
Software.
d.
You shall
not remove or obscure any copyright and trademark notices or
other proprietary notices relating to the Software. All
notices must be duplicated as it appears on the Software on
all authorised copies.
e.
You shall
not reverse engineer, decompile or disassemble the Software
except to the extent expressly permitted by any applicable
local laws which may over-rule this restriction.
f.
You may not
distribute any portions of the Software to any third party.
g.
You shall
not use the software for training purposes without the
specific written authority of Digital Detective.
h.
You shall
not use visual representations of the software in any
publication without the written permission of Digital
Detective.
i.
You shall
not use the Software in any way other than in a manner
specifically licensed under this Agreement.
j.
You shall
not display the Software on a public bulletin board,
website, chat room or by any other unauthorised means.
4.
INTELLECTUAL
PROPERTY RIGHTS
a.
The
copyright, patents, trade marks and all other intellectual
property rights in the Software and related documentation
are owned by and remain the property of Digital Detective or
its suppliers and are protected by national laws and
international treaty provisions. You do not obtain any
rights in the Software other than those expressly granted in
this Agreement.
5.
TERMINATION
a.
This
Agreement is effective until terminated. This Agreement will
terminate automatically if you fail to comply with any
provision of this Agreement. Upon notice of termination from
Digital Detective you shall destroy the documentation and
all copies of the Software promptly.
6.
UPDATE
POLICY
a.
Digital
Detective may create, from time to time, updated versions of
the Software. Digital Detective will make any such updated
versions available to licensees who have paid the update
fee. If you acquire an updated version of the Software then
all copies of the previous version must be destroyed and not
used, except for one copy which may be retained solely for
archival purposes.
7.
WARRANTY
a.
Subject to
the limitations upon its liability set out in clause 8,
Digital Detective warrants that:
i.
Subject to
the limitations and exclusions of liability set out below,
the Licensor warrants that for a period of 14 days from the
date of downloading of the Software (the " Warranty
Period"), the Software will conform to the documentation
that accompanies it.
ii.
The Licensor
shall not be liable under the warranties given in clause
above if the Software fails to conform to the said warranty
because of any corruption, abuse or incorrect use of the
Software (including use of the Software with equipment or
other software which is incompatible) or because of any
variation, modification or addition to the Software not
performed by the Licensor or any party on behalf of the
Licensor.
b.
Disclaimer
of warranty. Some of the Digital Detective software may be
designated as alpha, beta, development, pre-release,
untested, or not fully tested versions of the software.
Such software may contain errors that could cause failures
or loss of data, and may be incomplete or contain
inaccuracies. You expressly acknowledge and agree that use
of the software is at your sole risk. The software is
provided “as is” and without warranty of any kind
8.
LIMITATION
OF LIABILITY
a.
Nothing in
this Agreement shall limit Digital Detective’s liability
for:
i.
fraud or
other criminal act;
ii.
Any other
liability that cannot be excluded by law.
b.
Subject to
clause 8(a), Digital Detective accepts no liability for any
indirect or consequential loss or damage, or for any loss of
data, profit, revenue, anticipated savings or business,
however caused and even if foreseeable or made known to
Digital Detective.
c.
Except as
provided in clause 8(a), Digital Detective’s maximum
liability to you for any cause whatsoever will be limited to
the amount paid for the Software.
9.
SEVERABILITY
a.
If a Court
or other competent authority decides that any provision of
this Agreement is void or otherwise ineffective in whole or
in part then any other part and the other terms and
conditions of this Agreement shall continue in full force
and effect.
10.
THIRD PARTY RIGHTS
a.
The parties
do not intend that any term of this Agreement shall be
enforceable solely by virtue of the Contracts (Rights of
Third Parties) Act 1999 by any person who is not a party to
this Agreement.
11.
ENTIRE AGREEMENT
a.
This
Agreement constitutes the entire agreement between the
parties with respect to the subject matter of this Agreement
and supersedes all previous agreements, arrangements or
undertakings between the parties relating to the subject
matter of this Agreement and any representations or
warranties previously given or made to it.
12.
ASSIGNMENT
a.
You may not
assign this Agreement nor any of its rights or obligations
hereunder nor sub-license the use (in whole or in part) of
the Software without Digital Detective’s prior consent.
13.
NOTICES
a.
All notices
shall be given:
b.
To Digital
Detective via e-mail at craig.wilson [@]
digital-detective.co.uk;
14.
GOVERNING LAW
a.
This
Agreement is governed by and interpreted in accordance with
English law. Any disputes or claims relating to this
Agreement shall be subject to the exclusive jurisdiction of
the English Courts.
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