WinPure ListCleaner Pro distribution permissions and end-user license agreement
End-User License Agreement IMPORTANT - READ CAREFULLY This End-User License Agreement ("EULA") is a legal agreement between you, the Licensee (either an individual or a single entity) and WinPure Ltd ("WinPure Ltd") from whom you acquired this WinPure software product(s) identified as The Buyers Assistant "Software Product" or "Software". By continuing to use this software, after reading this EULA, you will be agreeing to be bound by the terms of this EULA. If you (a) do not agree to the terms of this EULA or (b) do not understand the terms of this EULA, then WinPure are unwilling to license the Software Product to you. In such event, you may not use the Software Product, and you should promptly contact WinPure for instructions regarding return of the unused product(s) for a refund where relevant. Software Product License: The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This Software Product is licensed, not sold. GRANT OF LICENSE This EULA grants you the following rights: Software. You may install and use one copy of the Software Product per client EULA purchased Storage/Network Use. You may also store or install a copy of the Software Product on a File Server ("COMPUTER") to allow your other computers to use the Software Product over an internal network, and distribute the Software Product to your other computers over an internal network. However, you must purchase and dedicate a license for the Software Product for each individual user for whom the Software Product is intended to be used by or to whom it is distributed. A license for the Software Product may not be shared or used concurrently on different computers. Back-up Copy: You may make a single back-up copy of the Software Product. You may use this back-up copy solely for archival purposes. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS Limitations on Reverse Engineering, Decompilation and Disassembly: You may not reverse engineer, decompile, disassemble or modify in any way the Software Product except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 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. Rental: You may not rent or lease the Software Product. Software Transfer: This Software Product is not transferable. Termination: Without prejudice to any other rights, WinPure 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. UPGRADES This EULA applies to any future software upgrades that WinPure may from time to time issue or that have been ordered and paid for separately by the End-user. COPYRIGHT All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animation`s, video, audio, music, text and "applets," incorporated into the Software Product), any accompanying printed materials, and any copies of the Software Product, are owned by WinPure or its suppliers. You may not copy any printed materials accompanying the Software Product. All rights not specifically granted under this EULA are reserved by WinPure. ACCEPTANCE Acceptance of the Software Product shall be deemed to take place on delivery. Acceptance of bespoke elements of the Software Product shall take place within 30 days of delivery unless written notice is otherwise given of the Software Product`s non-performance when compared to the original request for said bespoke changes. If the Licensee uses the Software Product before the acceptance under this Clause, except for testing purposes (restricted to 14 days), then the Software Product shall be deemed to have been accepted on the date of first use. WARRANTY WinPure, warrants that the Software Product when properly used will provide the facilities and functions and perform substantially as described in the on-line documentation distributed with the product, that the carrier media on which the Software Product is furnished will be free from defects in materials and workmanship under normal use. WinPure does not warrant that the operation of the Software Product will be uninterrupted or error free. WinPure`s obligations and the Licensee`s exclusive remedy under this warranty is Limited either to WinPure at its own expense using all reasonable endeavours to rectify any non-conformance with the warranty by repair (by way of a patch, work around, correction or otherwise) within a reasonable period of time or, at WinPure`s option, replacement of the Software Product or defective carrier media in whole or in part to a refund of the fee paid by the Licensee under this EULA if in WinPure`s reasonable opinion it is unable to rectify such non-conformance within a reasonable time scale or at an economic cost, whereupon the EULA shall terminate. WinPure will have no liability or obligation under the warranty given in this clause unless it has received written notice from the Licensee of any non-conformance with the warranty within thirty days from the Date of Installation. The Licensee acknowledges that the Software Product and any supporting Documentation have not been prepared to meet the Licensee`s individual requirements and that it is the Licensee`s responsibility to ensure that the facilities and functions of the Software Product meet the Licensee`s requirements. WinPure will not be liable for any failure of the Software Product to provide any facility or function not described in the Documentation or for any failure of the Software Product attributable to any modification (whether by alteration, deletion, addition or otherwise) to the Software Product or the equipment by persons other than WinPure or a combination of the Software Product with other software or equipment without WinPure`s express prior written consent. The Licensee acknowledges that it will not seek to make WinPure liable for any losses arising from a failure to carry out daily rotational back-ups. ASSIGNMENT The EULA is personal to the Licensee and the Licensee may not assign/otherwise transfer its rights/obligations under this EULA. CONSEQUENTIAL LOSS Save as expressly stated elsewhere in the EULA, WinPure shall not be liable to the Licensee for consequential loss/damage including loss of use/profit/contracts. FORCE MAJEURE Neither party shall be liable for failure to perform its obligations under the EULA if such failure results from circumstances beyond the party`s reasonable control. WAIVER No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of the EULA shall either be or be deemed to be a waiver or in any way prejudice any right of that party under the EULA. LIMITATION OF LIABILITY To the maximum extent applicable under English Law, the Licensee acknowledges that WinPure`s obligations and liabilities in respect of the Documentation, Software Product, any equipment supplied by WinPure or any other program or services supplied by WinPure are exhaustively defined in this EULA. The Licensee agrees that the express obligations and warranties made by WinPure in this EULA are in lieu of and to the exclusion of any other warranty, condition, term, undertaking or representation of any kind, expressed or implied, statutory or otherwise, relating to anything supplied or services provided under or in connection with this Agreement including (without limitation) any warranty as to the condition, quality, performance, merchantability or fitness for purpose of the Documentation and the Software Product or any part of them. The Licensee is responsible for the consequences of any use of the Software Product and Documentation. To the maximum extent applicable under English Law WinPure will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if WinPure has been advised of their possibility. The Licensee agrees that except as expressly provided in this EULA, WinPure will not be under any liability of any kind whatever and however caused arising directly or indirectly in connection with this EULA. The Licensee will indemnify WinPure in respect of any third party claim for any injury, loss, damage or expense occasioned by or arising directly or indirectly from the Licensee`s possession, operation or use of the Software Product or Documentation except and insofar as WinPure is liable as expressly provided in this EULA. The Licensee acknowledges and agrees that the allocation or risk contained in this clause is reflected in the fee paid by the Licensee under this EULA and is also a recognition of the fact that, inter alia, the Software Product or Documentation cannot be tested in every possible combination and it is not within WinPure`s control how and for what purpose the Software Product and Documentation are used by the Licensee. LAW Unless otherwise agreed in writing between the parties, the EULA shall be subject to and construed and interpreted in accordance with English Law and shall be subject to the jurisdiction of the Courts of England. WinPure reserves the right to update this document at any time and without prior notice. This document version replaces any and all previous version of this document.