Tiny Site Watcher (STANDARD version)
End User License Agreement (EULA)
CLICK-WRAP LICENCE
WARNING. BEFORE PROCEEDING PLEASE READ THE TERMS OF THIS LICENCE AGREEMENT CAREFULLY. YOU MAY OBTAIN A COPY OF THIS SOFTWARE PRODUCT EITHER BY DOWNLOADING IT REMOTELY FROM OUR SERVER OR BY COPYING IT FROM AN AUTHORISED DISKETTE, CD-ROM OR OTHER MEDIUM ("THE MEDIUM"). ALL INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAMS AND DATA WHICH CONSTITUTE THIS SOFTWARE PRODUCT ("THE MATERIALS") ARE AND REMAIN THE PROPERTY OF THE LICENSOR. YOU ARE LICENSED TO USE THE SOFTWARE ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS LICENCE AGREEMENT.
BY CLICKING ON THE ”I AGREE“ OPTION THIS LICENCE AGREEMENT YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS OF THIS LICENCE AGREEMENT. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT ("CORPORATE LICENSEE"). IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD CLICK ON THE ”I DO NOT AGREE“ OPTION AND DELETE THE MATERIALS FROM YOUR COMPUTER.
THE TERMS OF A LICENCE AGREEMENT ACCOMPANYING A PARTICULAR SOFTWARE PRODUCT UPON INSTALLATION OR DOWNLOAD OF THE SOFTWARE SHALL SUPERSEDE THE TERMS BELOW.
1 DEFINITIONS
"The Licensor" means Fresher Enterprises Limited. ”Tiny Site Watcher“ is a trading name of Fresher Enterprises Limited.
"You" means the reader and any Corporate Licensee (the licensee).
2 GRANT OF LICENCE
The Licensor grants to you an unlimited, non-exclusive licence to use the Materials providing the use falls within the permitted use set out below and for no other purpose. Your licence does not permit you to sub-license.
3 PERMITTED USE
3.1 This Single User Licence authorises you to use the Materials on a single computer only which is under your control;
3.2 You may make copies of the Materials for backup, archival and other security purposes provided that all copyright notices and any other proprietary notices specified on the Materials are reproduced on any such copies or partial copies.
4 RESTRICTIONS ON USE
You may not, nor permit others to:
4.1 use, copy, modify or transfer the Materials (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this Licence Agreement;
4.2 create derivative works based upon the Materials;
4.3 translate, disassemble, decompile, reverse engineer or modify the Materials;
4.4 delete, vary or obscure any proprietary notices on or in the Materials.
5 UNDERTAKINGS
5.1 You undertake to ensure that any third party is made aware of the terms of this Licence Agreement before using the Materials.
5.2 You undertake to hold all data (including object and source codes), drawings, specifications, software listings and all other information relating to the Software, confidential and not at any time disclose the same, during this licence or after its expiry or whether directly or indirectly, to any third party without our consent.
6 OWNERSHIP
The Licensor retains ownership of the Materials and related documentation and all copies of the Materials at all times, which are copyright works and are also protected under applicable database laws.
7 LIMITED WARRANTY
No warranty is given.
8 DISCLAIMER
All other guarantees, representations and warranties of any kind, whether express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or ability to achieve a particular result are hereby excluded, so far as such exclusion or disclaimer is permitted under the applicable law. You assume the entire risk as to the quality and performance of the Materials. Should the Materials prove defective, you (and not the Licensor nor any licensed reseller) assume the entire cost of all necessary servicing, repair or correction. The Licensor does not warrant that the Materials will meet your requirements or that its operation will be uninterrupted or error free. This Licence Agreement does not affect your statutory rights.
9 EXCLUSION OF LIABILITY
9.1 In no event shall the Licensor be liable to you for any damages, including loss of business, loss of opportunity, loss of data, loss of profits or for any other indirect or consequential loss or damage whatsoever arising out of the use of or inability to use the Materials, even if the Licensor has been made aware of the possibility of such damages.
9.2 Nothing in this Licence Agreement shall exclude or limit the liability of the Licensor for fraudulent misrepresentation or for death or personal injury resulting from the negligence of the Licensor.
10 TERMINATION
10.1 This Licence Agreement will terminate automatically if you breach of any of its terms or if you destroy the Materials and any copies or return the Materials to the Licensor or your supplier voluntarily.
10.2 Upon termination all rights you have to use the Materials will cease and you must destroy or delete the Materials and all copies from all storage media in your control.
11 SEVERABILITY
If any provision of this Licence Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Licence Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
12 ENTIRE AGREEMENT
This Licence Agreement contains the entire Agreement between us relating to the subject matter and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
13 GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales
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