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End User Licence Agreement (EULA)
IMPORTANT - READ CAREFULLY:
This Risk Software Ltd End-User LICENCE Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and Risk
Software Ltd for the Risk Software Ltd product identified above, which
includes computer software and may include associated media, printed
materials, and "online" or electronic documentation ("SOFTWARE
PRODUCT"). The SOFTWARE PRODUCT also includes any updates and
supplements to the original SOFTWARE PRODUCT provided to you by Risk
Software Ltd. Any software provided along with the SOFTWARE PRODUCT that
is associated with a separate end-user LICENCE agreement is licensed to
you under the terms of that LICENCE agreement. By installing, copying,
downloading, accessing or otherwise using the SOFTWARE PRODUCT, you
agree to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may,
however, return it to the place of acquisition.
Software PRODUCT LICENCE
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENCE.
This EULA grants you the following rights:
* Applications Software. You may install, use, access, display,
run, or otherwise interact with ("RUN") the SOFTWARE PRODUCT, or any
prior version for the same operating system, on a single computer,
workstation, terminal, handheld PC, or other device ("COMPUTER").
* Storage/Network Use. You may also store or install a copy of
the SOFTWARE PRODUCT on a storage device, such as a network server, used
only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an
internal network.
* Reservation of Rights. All rights not expressly granted are
reserved by Risk Software Ltd.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Not for Resale Software. If the SOFTWARE PRODUCT is labelled
"Not For Resale" or "NFR," then, notwithstanding other sections of this
EULA, your use of the SOFTWARE PRODUCT is limited to use for
demonstration, test, or evaluation purposes and you may not resell, or
otherwise transfer for value, the SOFTWARE PRODUCT.
* Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly
permitted by Risk Software Ltd. Upon such authorisation and provision of
the source code, restrictions will be placed on the terms and conditions
of support for the product.
* Separation of Components. The SOFTWARE PRODUCT is licensed as a
single product. Its component parts may not be separated for use on more
than one COMPUTER. See limitations in above paragraph.
* Trademarks. This EULA does not grant you any rights in
connection with any trademarks or service marks of Risk Software Ltd.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Support Services. Risk Software Ltd may provide you with
support services related to the SOFTWARE PRODUCT ("Support Services").
Use of Support Services is governed by the Risk Software Ltd policies.
Any supplemental software code provided to you as part of the Support
Services shall be considered part of the SOFTWARE PRODUCT and subject to
the terms and conditions of this EULA. With respect to technical
information you provide to Risk Software Ltd as part of the Support
Services, Risk Software Ltd may use such information for its business
purposes, including for product support and development. Risk Software
Ltd will not utilise such technical information in a form that
personally identifies you.
* Termination. Without prejudice to any other rights, Risk
Software Ltd may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must destroy all
copies of the SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but
not limited to any images, photographs, animations, video, audio, music,
text, and "applets" incorporated into the SOFTWARE PRODUCT), the
accompanying printed materials, and any copies of the SOFTWARE PRODUCT
are owned by The North East Key Risk Profiling Group. All title and
intellectual property rights in and to the content which may be accessed
through use of the SOFTWARE PRODUCT is the property of the respective
content owner and may be protected by applicable copyright or other
intellectual property laws and treaties. This EULA grants you no rights
to use such content. If this SOFTWARE PRODUCT contains documentation
which is provided only in electronic form, you may print one copy of
such electronic documentation. You may not copy the printed materials
accompanying the SOFTWARE PRODUCT.
4. BACKUP COPY.
After installation
of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep
the original media on which the SOFTWARE PRODUCT was provided by Risk
Software Ltd solely for backup or archival purposes. If the original
media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may
make one copy of the SOFTWARE PRODUCT solely for backup or archival
purposes. Except as expressly provided in this EULA, you may not
otherwise make copies of the SOFTWARE PRODUCT or the printed material
accompanying the SOFTWARE PRODUCT.
MISCELLANEOUS
LIMITED WARRANTY FOR SOFTWARE PRODUCTS.
Risk Software Ltd warrants that (a) the SOFTWARE PRODUCT will perform
substantially in accordance with the accompanying written materials for
a period of ninety (90) days from the date of receipt, and (b) any
Support Services provided by Risk Software Ltd shall be substantially as
described in applicable written materials provided to you by Risk
Software Ltd, and Risk Software Ltd support engineers will make
commercially reasonable efforts to solve any problem issues.
CUSTOMER REMEDIES.
Risk Software Ltd's and its suppliers' entire liability and your
exclusive remedy shall be, at Risk Software Ltd's option, either (a)
return of the price paid, if any, or (b) repair or replacement of the
SOFTWARE PRODUCT that does not meet Risk Software Ltd's Limited Warranty
and which is returned to Risk Software Ltd with a copy of your receipt.
This Limited Warranty is void if failure of the SOFTWARE PRODUCT has
resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE PRODUCT will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Risk Software Ltd and its suppliers disclaim all other
warranties and conditions, either express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement, with regard to the
SOFTWARE PRODUCT, and the provision of or failure to provide Support
Services. This limited warranty gives you specific legal rights.
LIMITATION OF LIABILITY. To the maximum extent permitted by
applicable law, in no event shall Risk Software Ltd or its suppliers be
liable for any special, incidental, indirect, 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 PRODUCT or the provision of or failure to provide Support
Services, even if Risk Software Ltd has been advised of the possibility
of such damages. In any case, Risk Software Ltd's entire liability under
any provision of this EULA shall be limited to the greater of the amount
actually paid by you for the SOFTWARE PRODUCT or UK £1.00;
provided, however, if you have entered into a Risk Software Ltd Support
Services Agreement, Risk Software Ltd's entire liability regarding
Support Services shall be governed by the terms of that agreement.
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