Licence agreement

Subject to the provisions contained herein, PEP Associates ("PEP") hereby grants you a non-exclusive licence to use the version(s) of the accompanying proprietary software product ("Software").

By installing, copying or otherwise using the Software, you agree to be bound by the terms of this licence agreement. If you do not agree to be bounds by the terms of this agreement, promptly return the unused licence codes to the place from which you obtained them for a full refund.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

If you are using an evaluation licence code, you may use the software for a period of thirty (30) days from the date you install the evaluation licence code. You may not publish or provide any results of benchmark tests run on the Software to a third party without PEP's prior written consent.

Grant of licence

This licence agreement grants you the following rights:

  • you may install and use one copy of the Software on a single computer;
  • you may also store a copy of the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network; however, you must acquire and dedicate a licence for each separate computer on which the Software is installed. A licence for the Software may not be shared or used concurrently on different computers.

Description of other rights and limitations

  • You may not reverse engineer, decompile or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • You may not circumvent the limitations imposed by the licensing system;
  • The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer;
  • You may not rent or lease the Software;
  • You may permanently transfer all of your rights under this licence, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials and any upgrades), and the recipient agrees to the terms of this licence. If the Software is an upgrade, any transfer must include all prior versions of the Software;
  • Without prejudice to any other rights, PEP may terminate this licence agreement if you fail to comply with the terms and conditions of this agreement. In such an event, you must destroy all copies of the Software and all of its component parts.

Upgrades

If the Software is labelled as an upgrade, you must be properly licensed to use a product identified by PEP as being eligible for the upgrade in order to use the Software. Software labelled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade and, following the upgrade, you may use the resulting Software only in accordance with the terms of this agreement. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

Copyright

All title and copyrights in and to the Software (including but not limited to any images and text incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by PEP Associates. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) install the Software on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software.

Limited warranty

PEP warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.

PEP's entire liability and your exclusive remedy shall be, at PEP's option, either (a) return of the price paid, or (b) replacement of the Software that does not meet PEP's Limited Warranty and which is returned to PEP with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abused or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

To the maximum extent permitted by applicable law, PEP disclaim all other warranties, either express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose with regard to the Software. This limited warranty gives you specific legal rights.

To the maximum extent permitted by applicable law, in no event shall PEP be liable for any special, incidental, indirectly or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss) arising out of the use of or inability to use the Software, even if PEP has been advised of the possibility of such damages.

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Copyright © PEP Associates 1998
Last edited by webmaster@pep-assoc.co.uk on 19 August 1998.