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- PLEASE NOTE THAT BY OPENING AND INSTALLING THIS PRODUCT, YOU
- AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
- IF YOU DO NOT ACCEPT THE AGREEMENT, DO NOT INSTALL IT AND
- RETURN THE PRODUCT TO YOUR SUPPLIER WITHIN 10 DAYS OF
- PURCHASE DATE COMPLETE WITH YOUR PURCHASE RECEIPT.
- THE PURCHASE PRICE WILL THEN BE REFUNDED.
-
- GENERAL
- This licence agreement (hereinafter "Agreement") applies to
- the purchase and use of the software called Rucksack,
- hereinafter called the "Software".
-
- DEFINITIONS
- In this Agreement the following terms shall have the following
- meanings:
- "Telesoft" means Telesoft GmbH, the owner of software,
- copyright, patents and other intellectual property rights of
- the component parts comprising the Software;
-
- GRANT OF LICENCE
- Telesoft permits you to use one copy of the Software on a
- single computer, on its temporary relacement, or on a subsequent
- computer. You may make one copy of the Software for backup
- purposes. You do not acquire ownership of the Software but
- acquire the non-exclusive right to use the Software. You are
- not entitled to reverse engineer, decompile, disassemble,
- modify or duplicate the Software wholly or in part or use
- other than expressly set out in this Agreement. You may not
- rent or lease the Software. You may transfer your rights
- under this Agreement on a permanent basis to a third party
- provided you transfer this Agreement, the Software and all
- accompanying printed materials, retain no copies, and the
- recipient agrees to the conditions of this Agreement.
-
- DURATION.
- This Agreement is valid until terminated. Your right to use
- the Software will automatically cease without cancellation
- if you break the conditions of this Agreement. You may
- terminate it at any time by returning the Software complete
- with all original material and copies to Telesoft, or by
- destroying the above and informing Telesoft in writing of
- the termination of the contract. Termination, whether
- undertaken by Telesoft or by you, does not warrant the legal
- claim to reimbursement of the rendered licence charges or a
- part thereof.
-
- COPYRIGHT.
- The Software and the written material which accompanies it or
- included within it is protected by copyright. Reproduction
- of such written material is not permitted without the express
- written consent of Telesoft. Title and all ownership rights
- to the Software which is protected by copyrights, patents and
- other intellectual rights of ownership remain with Telesoft.
-
- RIGHT OF MODIFICATION.
- Telesoft reserves the right to modify or enhance the Software
- if this becomes necessary for reasons of availability,
- serviceability, performance or due to legislation or
- governmental regulations.
-
- DAMAGE CLAIMS.
- You agree to ensure that any third party to whom you give
- instructions to and who has access to the Software will act
- with due care and diligence as stated in this Agreement, and
- that you will hold Telesoft or its agents or distributors
- harmless of the actions of any such third party. If you
- become aware that the Software is used in such a way that
- breaks the conditions of this Agreement, you agree to take
- every action necessary to stop its improper use, and will
- notify Telesoft in writing of its improper use.
-
- LIMITED WARRANTY.
- Telesoft does not warrant that the Software will meet your
- specific requirements, or that operation will be defect or
- error free. Telesoft will not be liable for any damages
- whatsoever arising from the use of the Software, and you
- expressly acknowledge that the use of the Software is at
- your own risk. Telesoft makes no claims, either expressed or
- implied, as to the fitness of the Software for any particular
- purpose. Any statements made concerning the utility of the
- Software are not to be construed as expressed or implied
- warranties. The warranty period is 90 days from the date of
- delivery. During this period Telesoft warrants that with
- conventional use the Software is free from material or
- processing errors, and defective Software will be replaced
- free of charge provided that the original Software disc is
- returned to your supplier complete with a copy of the
- purchase receipt or proof of purchase. This warranty is void
- if failure of the Software has resulted from accident, abuse
- or misapplication. Any further damage claims are explicitly
- excluded.
-
- LIABILITY.
- To the maximum extent permitted by law, in no event shall
- Telesoft be liable for any damages whatsoever
- (including without limitation direct or indirect damages for
- personal injury, 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 Telesoft has been advised of the
- possibility of such damages. In any event Telesoft's entire
- liability under any provision of this Agreement shall be
- limited to the licence fee paid by you for the Software.
-
- FORCE MAJEURE.
- Telesoft shall not be liable to you for any loss or damage
- which may be suffered by you as a direct or indirect result
- of the supply of the Software by Telesoft or its agent or
- distributor, due to any cause beyond its reasonable control
- whatsoever, including (without limitation) any act of God,
- inclement weather, war, military operations, riot, strike,
- lock-out, trade dispute or labour disturbance, accident,
- breakdown of plant or machinery, failure or shortage of power
- supplies, fire, explosion, refusal of any licence or permit
- or any order, act or omission of Government, highways
- authorities, public telecommunication operators or other
- competent authority.
-
- INVALID CLAUSES.
- Should any clause of this Agreement be or become invalid,
- this does not affect the validity of the remaining clauses.
- In such a case, the invalid clause will be superseded by
- another clause that is closest to the intended purpose of
- the invalid clause.
-
- GOVERNING LAW.
- This agreement shall be governed by and construed and
- interpreted in accordance with English law and you agree
- to submit to the jurisdiction of the English courts.
-
-