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ViziGen-Page Software Licence Agreement

This software licence agreement is a legal agreement between you (either on behalf of yourself as an individual or on behalf of an organisation as its authorized representative) and ViziGen Ltd. Please read this agreement carefully and print out a copy for your records. This agreement supersedes previous versions.

By downloading, installing, copying, using, or otherwise accessing the software you agree to be bound by all of the terms of this agreement. If you do not agree to the terms of this agreement do not download, install, copy, use, or otherwise access the software.

1. Definitions

For the purposes of this Agreement, all capitalised terms used in this Agreement shall have the meaning ascribed to them in this section.

The term AGREEMENT shall mean this Agreement.

LICENSOR shall mean ViziGen Ltd, and LICENSEE shall mean you.

SOFTWARE shall mean the ViziGen-Page software including its documentation, help files, and other supporting material such as images etc.

BETA VERSION is a version of the SOFTWARE that is undergoing testing.

RELEASE VERSION is a version of the SOFTWARE that has completed testing.

2. Restrictions

LICENSEE may not:

•Modify or create any derivative of the SOFTWARE or create products based on the SOFTWARE.

•Emulate, clone, decompile, translate, disassemble, reverse-engineer, or otherwise attempt to derive the source code.

•Redistribute, encumber, sell, rent, lease, sublicence, or otherwise transfer rights to the SOFTWARE.

3. Grant of Licence

Subject to the terms of this AGREEMENT ViziGen Ltd hereby grants the LICENSEE a non-exclusive, non-transferable right to:

•Install the SOFTWARE (or have it installed) on any number of computers.

•Copy the SOFTWARE (or have it copied) for back-up or archival purposes.

•Use the software for the duration of this AGREEMENT on any computer upon which it is installed.

Any other use is prohibited including from another terminal on a network.

4. Term / Termination

This AGREEMENT is effective until terminated. LICENSEE may terminate the AGREEMENT by deleting the SOFTWARE from the computers upon which it has been installed. LICENSOR may terminate the AGREEMENT if LICENSEE breaches any of the terms and conditions. Upon termination of this AGREEMENT for any reason the LICENSEE shall delete the SOFTWARE from the computers upon which it has been installed. All provisions of the AGREEMENT relating to disclaimers of warranties, limitations of liability, remedies, or damages, and LICENSOR'S proprietory rights shall survive termination.

5. Proprietory Rights

All rights to and in the SOFTWARE, including, but not limited to, patents, copyrights, trademarks, and trade secret rights, belong to the LICENSOR and the LICENSOR holds title to each copy of the SOFTWARE. All rights not expressly granted here are reserved by the LICENSOR. The SOFTWARE is protected by European Community Copyright Law and the LICENSEE may be held responsible for any infringement of such rights.

6. Limitations

None..

7. Data Collection and Tranfser

None.

8. Legal Disclaimer

The SOFTWARE is provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the SOFTWARE is with the LICENCEE. Should the SOFTWARE prove defective, the LICENSEE must bear the cost of all necessary servicing, repair or correction.

In no event will the LICENSOR be liable to the LICENSEE for any damages, claims or costs whatsoever, or any consequential, indirect, incidental damages, loss of profit or lost assets, including any general, special, incidental or consequential damages arising out of the use of, or inability to use, the software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the software to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.

9. Arbitration

Any dispute, difference, or question which arises between the parties in relation to this AGREEMENT shall be referred to a single arbitrator, agreed upon by the parties or nominated at the request of any party by the President of the Chartered Institute of Arbitrators and dealt with in the vicinity of Chester, United Kingdom. The provisions of the Arbitrations Act 1996 shall apply to the arbitration.

10. Miscellaneous

This AGREEMENT shall be construed in accordance with English law. If any part of this AGREEMENT is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect. The controlling language of this AGREEMENT is English. If the LICENSEE has received a translation into another language it has been provided for the LICENSEE'S convenience. The LICENSEE may not assign or otherwise transfer by operation of law or otherwise the AGREEMENT or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of the LICENSEE'S assets to another entity. LICENSOR may freely assign or otherwise transfer the AGREEMENT. This AGREEMENT shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.

 

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