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What is Shareware?
Shareware products provide a way
to obtain and evaluate software for a fixed period, giving users
the opportunity to try a program on their own computer before buying
it. While unregistered shareware products are copyrighted, and the
copyright holder retains all rights, the author specifically grants
a user the right to freely evaluate and distribute the program,
with limited exceptions. After using an evaluation version for the
defined trial period, the user must purchase a licensed copy or
remove the evaluation version from their system.
We own the copyright trade mark,
trade names, patents and other intellectual property rights subsisting
in or used in connection with the enclosed software including all
documentation and manuals and all other copies which you are authorised
to make by this agreement ('the software'). It is unlawful to load
the software into a computer without our licence. We are willing
to license the software to you only on the condition that you accept
all the terms contained in this licence agreement. Please read this
licence agreement carefully before installing the software. By clicking
on the agree button you agree to be bound by the terms of this agreement.
If you do not agree with these terms and conditions we are unwilling
to license the software to you, and you should not complete the
Terms of the Software
Note: Technical support as well
as notification of upgrades is only provided to users who agree
to the licence agreement.
In consideration of your agreement
to the terms of this Agreement, we grant you (the individual or
entity whose installed the software) a perpetual, non-exclusive
right to use the Software in accordance with clause 2 below. This
licence is personal to you as the purchaser of the Software and
is for your benefit only.
2. Permitted use
As purchaser of the authorised
copy of the Software, you may, subject to the following conditions:
2.1 use the Software and Manuals
in connection with a single computer - if you wish to use the Software
on more than one computer, you must obtain a separate licence for
another copy of this Software;
2.2 load the Software into and
use it on a single computer (of the type identified on the package)
which is under your control;
2.3 transfer the Software from
one computer to another provided that the Software is installed
and used on only one computer at a time. This transfer is limited
to 3 occasions in a calendar year and an administration charge may
2.4 copy the Software for back-up
and archival purposes and make up to two copies of the documentation
(if any) accompanying the Software, provided that the original and
each copy is kept in your possession and labeled and that your installation
and use of the software does not exceed that allowed by this Agreement;
2.5 transfer the Software, on
a permanent basis only, to another person by transferring all copies
of the Software to that person and/or destroying copies not transferred.
The other person must agree to the terms of this Agreement and on
such a permanent transfer, the licence of the Software to you will
3. Restrictions on use
You may not nor permit others
3.1 load the Software into two
or more computers at the same time. If you wish to transfer the
Software from one computer to another, you must erase the Software
from the first hard drive before you install it onto a second hard
3.2 sub-license, assign, rent,
lease or transfer the licence or the Software or make or distribute
copies of the Software except as permitted by this Agreement;
3.3 translate, reverse engineer,
decompile, disassemble, modify or create derivative works based
on the Software except as permitted by law;
3.4 make copies of the Software,
in whole or part, except for back-up or archival purposes as permitted
in this licence;
3.5 use any back-up copy of the
Software for any purpose other than to replace the original copy
in the event that it is destroyed or becomes defective;
3.6 copy the written materials
(except as provided by this Agreement) accompanying the Software;
3.7 adapt, modify, delete or translate
the written material accompanying the Software in any way for any
3.8 vary, delete or obscure any
notices of proprietary rights or any product identification or restrictions
on or in the Software.
You undertake to:
4.1 ensure that, prior to use
of the Software by your employees or agents, all such parties are
notified of this licence and the terms of this Agreement;
4.2 reproduce and include our
copyright notice (or such other party's copyright notice as specified
on the Software) on all and any copies of the Software, including
any partial copies of the Software;
4.3 hold all drawings, specifications,
data (including object and source codes), software listings and
all other information relating to the Software, confidential and
not at any time, during this licence or after its expiry, disclose
the same, whether directly or indirectly, to any third party without
As licensee you own only the diskette
or medium on which the Software is recorded or fixed. You may retain
the media on termination of this Agreement provided the Software
is erased. We shall at all times retain ownership of the Software.
Subject to clause 6.2, we warrant
that for a period of 30 days from the date of your purchase of the
Software ('the Warranty Period'):
6.1 The medium on which the Software
is recorded will be free from defects in materials and workmanship
under normal use. If the medium fails to conform to this warranty,
you may, as your sole and exclusive remedy, obtain (at our option)
either a replacement free of charge or a full refund if you return
the defective medium to us or to your supplier during the warranty
period with a dated proof of purchase.
6.2 The copy of the Software in
this package will materially conform to the documentation that accompanies
the Software. If the Software fails to operate in accordance with
this warranty, you may, as your sole and exclusive remedy, return
all of the Software and the documentation to us or to your supplier
during the warranty period, along with dated proof of purchase,
specifying the problem, and we will provide you either with a new
version of the Software or a full refund (at our option).
6.3 We shall not be liable under
the warranties given in clause 6.1 above if the medium or the Software
fails to operate in accordance with the said warranty as a result
of any modification, variation, or addition to the Software not
performed by us or caused by any abuse, corruption or incorrect
use of the medium or Software, including use of the Software with
equipment or other software which is incompatible.
We do not warrant that this Software
will meet your requirements or that its operation will be uninterrupted
or error free. We exclude and expressly disclaim all express and
implied warranties or conditions not stated in this Agreement (including
without limitation, loss of profits, loss or corruption of data,
business interruption or loss of contracts), so far as such exclusion
or disclaimer is permitted under the applicable law. This Agreement
does not affect your statutory rights.
8.1 Our liability to you for any
losses shall not exceed the amount you originally paid for the Software.
8.2 In no event will we be liable
to you for any indirect or consequential damages, or loss of profit,
even if we have been advised of the possibility of such damages.
In particular, we accept no liability for any programs or data made
or stored with the Software nor for the costs of recovering or replacing
such programs or data.
8.3 Nothing in this Agreement
limits liability for fraudulent misrepresentation or our liability
to you in the event of death or personal injury resulting from our
8.4 You acknowledge and agree
that the limitations contained in this clause are reasonable in
the light of all the circumstances.
9.1 The Agreement and the licence
granted to use the Software automatically terminates if you:
9.1.1 fail to comply with any
provisions of this Agreement;
9.1.2 destroy the copies of the
Software in your possession;
9.1.3 voluntarily return the Software
9.2 In the event of termination
in accordance with clause 9.1 you must destroy or delete all copies
of the Software from all storage media in your control.
In the event that any provision
of this Agreement is declared by any judicial or other competent
authority to be void, voidable, illegal or otherwise unenforceable
or indications of the same are received by either you or us from
any relevant competent authority, we shall amend that provision
in such reasonable manner as achieves the intention of the parties
without illegality or, at our discretion, such provision may be
severed from this Agreement and the remaining provisions of this
Agreement shall remain in full force and effect.
11. Entire agreement
You have read and understand this
Agreement and agree that it constitutes the complete and exclusive
statement of the Agreement between us with respect to the subject
matter of this Agreement.
This Agreement is personal to
you and you may not assign, transfer, sub-contract or otherwise
part with this Agreement or any right or obligation under it without
our prior written consent.
Failure or neglect by either party
to exercise any of its rights or remedies under this Agreement will
not be construed as a waiver of that party's rights nor in any way
affect the validity of the whole or part of this licence nor prejudice
that party's right to take subsequent action.
14. Law and disputes
This Agreement and all matters
arising from it are governed by and construed in accordance with
the laws of England and Wales whose courts shall have exclusive
jurisdiction over all disputes arising in connection with this Agreement
and the place of performance of this Agreement is agreed by you
to be England.
If you have any questions about
this Agreement, please contact us.
Copyright © Baycastle software Ltd and its licensors. All rights