Important notice: Please read carefully before
installing the demonstration software:
This licence agreement (“Agreement”) is a legal agreement
between you (the “Licensee”) and PTP Software Limited (a company
registered under number 3166974), whose registered office is at
Riding Court House, Datchet, Berkshire, SL3 9JT (the “Licensor”),
for PTP Software Ltd products (the “Demonstration Software”), which
includes computer software, any data supplied with it, the
associated media, printed materials and online OR electronic
documentation.
By installing this software you agree to the terms of
this agreement which will bind you and your employees. IF YOU DO
NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENCE
THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE INSTALLATION OF THE
DEMONSTRATION SOFTWARE NOW.
In this case you must return the medium on which the
demonstration software is stored and all accompanying documentation
to the licensor within 60 days of receiving the product OR you must
stop downloading the demonstration software now and remove the
demonstration software entirely from your system.
(A) The Licensor wishes to license the Licensee to use the
Demonstration Software on a short-term trial basis.
It is agreed as
follows:-
1.1 The definitions and rules of interpretation in this clause
apply to this licence.
Intellectual Property Rights: all patents, copyrights, design
rights, trade marks, service marks, trade secrets, know-how,
database rights and other rights in the nature of intellectual
property rights (whether registered or unregistered) and all
worldwide applications for the same
1.2 The Licensor agrees to permit the Licensee to use the
Demonstration Software on the Licensee’s computer or computer
system free of charge for a term of 12 months from the date of this
Agreement subject to the terms and conditions of this
Agreement.
1.3 The licence that this Agreement passes to the Licensee is
non-transferable and non-exclusive.
1.4 This Agreement does not transfer any rights of ownership,
copyright or other intellectual property in the Demonstration
Software to the Licensee.
1.5 The Licensee has no right (and shall not permit any third
party) to copy the Demonstration Software.
1.6 The Licensee shall not adapt, decompile, reverse engineer,
disassemble or otherwise tamper with the Demonstration Software,
nor shall it modify, sell, rent, transfer, resell for profit,
distribute of create derivative works based upon the Demonstration
Software or any part of it.
1.7 The Licensee acknowledges that all Intellectual Property
Rights in the Demonstration Software belong and shall belong to the
Licensor, and that the Licensee shall have no rights in or to the
Demonstration Software other than the right to use it in accordance
with the terms of this licence.
2. Conditions of Licence
2.1 The Demonstration Software is provided ‘as is’ and free of
charge to the Licensee. Therefore, it is supplied without warranty
(express or implied) of any kind from the Licensor, including but
not limited to a warranty of satisfactory quality, fitness for a
particular purpose and non-infringement. The Licensee’s rights as a
consumer are not affected.
2.2 The Demonstration Software is provided with technical
support or maintenance at PTP Software Ltds discretion.
2.3 The Licensee may only use the Demonstration Software for
demonstration, evaluation, training and educational purposes at its
business premises. The Licensee is not permitted or entitled to use
the Software for commercial purposes or any other such purposes
which cause the Licensee to make financial gain or other benefit in
return.
2.4 This Agreement constitutes the entire agreement between the
parties.
3. Disclaimer of liability
3.1 It is fundamental to the circumstances of the supply of the
Demonstration Software that the Licensor and its group companies
will not be liable to the Licensee or any third party for any loss
of revenue or profits, loss of business, loss of anticipated
savings, loss of data or the like or any direct, indirect, special,
incidental or consequential damage relation to the Demonstration
Software in any way, or for inability to use the Software for any
reason.
3.2 The disclaimer of liability at clause 3.1 applies to any
claim whether based on breach of contract, tort (including, but not
restricted to, negligence), product liability or otherwise.
3.3 Liability for death or personal injury is excepted from the
disclaimers at clause 3.1 and 3.2.
3.4 This clause 3 still applies even if the Licensor has been
notified of the possibility of any damage.
3.5 The Licensee agrees that they have read and understood the
significance of this clause and understands that that the Licensor
must limit and exclude its liability as much as legally
possible.
4. Confidentiality
4.1 The Licensee agrees to keep the Demonstration Software
confidential and not to make it available to any third party.
5. Indemnity
5.1 The Licensee agrees to indemnify the Licensor against any
loss, damage, fine or expense suffered by the Licensor as a result
of the Licensee’s use or misuse of the Demonstration Software or as
a result of unauthorised access to the Software cause by the
Licensee’s breach of any provision of this Agreement.
6. General terms
6.1 If any provision of this Agreement is judged to be illegal
or unenforceable, the continuation in full force and effect of the
remainder of the provisions shall not be prejudiced.
6.2 This Agreement shall be governed by and construed according
to English law. The Licensor and Licensee agree to submit to the
non-exclusive jurisdiction of the English courts.