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- SAREEN SOFTWARE PLC ("Sareen Software")
- WORKGROUP INTERNET GATEWAY LICENCE AGREEMMENT
-
- IMPORTANT- PLEASE READ THE FOLLOWING CAREFULLY - USE OF THIS SOFTWARE CONSTITUTES
- ACCEPTANCE BY YOU OF THE TERMS SET OUT BELOW
-
-
-
- 1. Your right to use the Software (as hereinafter described ) is governed by the terms of
- this Licence Agreement alone. If you use any of the Software supplied herewith, such
- action will constitute acceptance of these terms.
-
- 2. Sareen Software hereby grants to you a non-exclusive 10-user licence ("the User Licence")
- to use the computer program on the machine-readable magnetic disc
- contained in the sealed package or supplied electronically for a trial period
- of 10 days from the date of installation on your computer ("the trial licence")
- following which period the trial licence will automatically terminate unless, within
- such 10 day period, you notify Sareen Software by mail, telephone or fax at the address
- indicated herein of your request for a full licence and you pay to Sareen Software the
- required licence fee, on receipt of which you will receive a Key-code which will constitute
- your licence (on the terms herein contained) to use the Software for as many users as
- you purchased.
-
- 3. (1) The User Licence shall come into effect upon the signature and return to Sareen Software
- by you of the accompanying Order form, or the first use by you of the Software whichever
- shall occur first, and the date on which the first such event occurs is hereinafter called
- "the Initial Effective Date".
-
- (2) The User Licence shall remain in effect from the Initial Effective Date until
- terminated by you by returning to Sareen Software or destroying the Software and all copies thereof and, in
- the latter case, notifying Sareen Software thereof in writing; or terminated by Sareen Software
- forthwith by notice in writing to you if you are in breach of any of the terms
- of this Licence.
-
- 4. (1) All right, title and interest in the copyright in the Software (including any adaptations
- or copies) are the sole and exclusive property of Sareen Software. Only the User Licence and/or
- the trial licence is purchased by you.
- (2) The Key-code given to you is personal to you. Your Key-code constitute
- confidential information and you undertake not to disclose such information to any
- person except to those of your employees who need to know it for the proper
- performance of their duties and who undertake to maintain the confidentiality thereof.
- (3) You shall not copy or authorise or permit any other person to copy any part of the
- Software, apart from such ephemeral copying as constitutes an inherent part of the
- process of using the Software and save for making one copy of the disc or discs on
- which the Software is supplied for the purpose of back-up only and you must place a
- label on the outside of such back-up disc created by you showing the name and version
- number of the Software.
- (4) You agree not translate, adapt, modify, disassemble, decompile, reverse engineer or
- create derivative works based on the Software,
-
- 5. (1) This User Licence and/or trial licence is personal
- to you and may not be transferred or assigned. Your Key-code number and the
- Software may be used only by you, and you shall not part with possession of any part
- of the Software to a third party.
- (2) You agree not to use the Software for the purpose of providing a communications
- service or bureau service to third parties.
- (3) You agree to notify Sareen Software promptly of any change of location at which the
- Software is installed.
- (4) You agree not to use the same password and keycode combination in more than one
- Workgroup database.
-
- 6. (1) Sareen Software hereby warrants that the Software is capable of performing the
- functions described in the user manual and that the disc or discs upon which the
- Software is provided will, at the time of delivery to you, be free from defects in
- materials or workmanship which could prevent the loading of the Software into defect-
- free compatible computers. Such discs are not warranted for non-compatible systems
- and the Software is not warranted to be bug free. If the Software shall prove to be
- incapable of performing the aforesaid functions, or if such disc or discs shall be
- defective so as to prevent the loading of the Software as aforesaid, Sareen Software
- or, if you purchased the software from an authorised dealer, the dealer from whom you
- purchased the Software shall (at its option), provided that the fault is notified to
- Sareen Software or the authorised dealer, as the case may be, within 21 days of
- delivery to you, as your sole remedy either replace the defective item or refund to you
- the purchase price paid by you to Sareen Software or the authorised dealer from whom
- you purchased the Software as the case may be.
- (2) The foregoing warranties are in lieu of all other warranties on the part of Sareen Software
- either express or implied, statutory or otherwise as to any matter whatsoever
- arising in connection with the Software, including, without limitation, the condition of
- the Software or its fitness for any particular purpose, all of which are hereby
- expressly excluded. No oral or written information or advice given by Sareen Software,
- its distributors, agents, dealers or employees shall create a warranty or representation
- or in any way increase the scope of the above limited warranties.
- (3) Sareen Software shall not be liable for any consequential, incidental or indirect loss
- arising in connection with the Software. In any event the total liability of Sareen Software
- to you howsoever arising in connection with this Single User Licence and/or
- trial licence or the Software shall not exceed a sum equal
- to Sareen Software's recommended selling price at the time of your purchase of the
- Software giving rise to the liability in question .
- (4) In certain jurisdictions your statutory rights cannot be lawfully modified or excluded.
- In those territories the above warranties and limitations shall have effect only so far
- as permitted by the applicable laws..
-
- 7. Sareen Software shall have the right at all reasonable times to inspect your computer or
- computers on which the Software is installed, in order to verify your compliance with the
- terms of this Single User Licence and/or trial licence, and
- you hereby grant Sareen Software a licence to enter any premises where such computer or
- computers may be located for this purpose.
-
- 8. (1) This User Licence and/or trial licence constitutes the entire agreement between Sareen Software
- and you regarding the use by you of the Software and may not be altered except in writing
- signed by both parties. Failure by Sareen Software to enforce any of its rights hereunder
- shall not be or be deemed to be a waiver thereof.
- (2) This User Licence and/or trial licence shall be
- governed and construed in accordance with English law and be subject to the
- jurisdiction of the Courts of England.