bttlxeForum End User Licence Agreement

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENCE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.

 

1. Definitions:

"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Battleaxe Software Ltd. or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Battleaxe Software (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means an unlimited number unless otherwise indicated under a restricted licence granted by Battleaxe Software. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

 

2. Software Licence:

As long as you comply with the terms of this End User Licence Agreement (the "Agreement"), Battleaxe Software grants to you a non-exclusive licence to use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.

2.1. General Use. You may install and use copies of the Software on your compatible computer, up to the Permitted Number of computers; or

2.2. Server Use. You may install copies of the Software on your computer file or Internet server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install copies of the Software on a computer file or Internet server on both public and private networks for the sole and exclusive purpose of using the Software for the purposes described in the documentation. No other use is permitted, including but not limited to creating derived versions, except those granted in this section or where authorised by Battleaxe Software; and

2.3. Backup Copy. You may make backup copies of the Software, provided your backup copies are not installed or used in any way as to violate the above usage conditions. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.

2.4. Educational Use. You may create derived versions of the Software for your personal use and education only. Such derived versions of the Software cannot be distributed to other parties without the written permission of Battleaxe Software.

2.5. Extensions to the Software. You may create extensions to the Software which can only be distributed with the written permission of Battleaxe Software.

 

3. Intellectual Property Rights:

The Software and any copies that you are authorized by Battleaxe Software to make are the intellectual property of and are owned by Battleaxe Software and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Battleaxe Software and its suppliers. The Software is protected by copyright, including without limitation by United Kingdom Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software Licence"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software outside of those conditions permitted in Section 2. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under Section 2, applicable law, where it is essential to do so in order to achieve operability of the Software with another software program, or you have first requested Battleaxe Software to provide the information necessary to achieve such operability and Battleaxe Software has not made such information available. Battleaxe Software has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Battleaxe Software or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Battleaxe Software Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only b e used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.

 

4. Transfer:

You may not rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a licence to the Software. Notwithstanding the foregoing, you may not transfer pre-release copies of the Software.

 

5. Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies/ Bundles / Updates:

If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the Permitted Number. You may not rent, lease, sublicense, lend or transfer any versions or copies of the Software you do not use. If the Software is an Update to a previous version of the Software, you must possess a valid licence to such previous version in order to use the Update. You may continue to use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not t ransferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and you acknowledge that any obligation Battleaxe Software may have to support the previous version of the Software may be ended upon availability of the Update.

 

6. LIMITED WARRANTY:

Battleaxe Software warrants to the person or entity that first purchases or is granted a licence for the Software for use pursuant to the terms of this licence, that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended hardware configuration. Non-substantial variations of performance from the Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO UPDATES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE. To make a warranty claim, you must return the Software to the location where you obtained it along with proof of purchase within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Battleaxe Software and your exclusive remedy shall be limited to either, at Battleaxe Software option, the replacement of the Software or the refund of any licence fee you paid for the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. For further warranty information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Battleaxe Software Customer Support Department.

 

7. DISCLAIMER:

THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR BATTLEAXE SOFTWARE OR ITS SUPPLIER'S BREACH OF WARRANTY. BATTLEAXE SOFTWARE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, BATTLEAXE SOFTWARE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

8. LIMITATION OF LIABILITY:

IN NO EVENT WILL BATTLEAXE SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A BATTLEAXE SOFTWARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. BATTLEAXE SOFTWARE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. In no event will Battleaxe Software or its suppliers be liable for any claims by any third party in connection with the design of the Software templates (“themes”). Nothing contained in this Agreement limits Battleaxe Software’s liability to you in the event of death or personal injury resulting from Battleaxe Software's negligence or for the tort of deceit (fraud). Battleaxe Software is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Battleaxe Software’s Customer Support Department.

 

9. Export Rules:

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

 

10. Governing Law:

This Agreement will be governed by and construed in accordance with the substantive laws in force in the United Kingdom. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

 

11. General Provisions:

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Battleaxe Software. Updates may be licensed to you by Battleaxe Software with additional or different terms. This is the entire agreement between Battleaxe Software and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

 

12. Notice to U.S. Government End Users:

The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United Kingdom. Battleaxe Software, 25 Pinnex Moor Road, Tiverton, Devon, EX16 6JN, United Kingdom. For U.S. Government End Users, Battleaxe Software agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.

 

13. Compliance with Licences:

If you are a business or organisation, you agree that upon request from Battleaxe Software or Battleaxe Software’s authorised representative, you will within thirty (30) days fully document and certify that use of any and all Battleaxe Software Software at the time of the request is in conformity with your valid licences from Battleaxe Software.

 

14. JURISDICTION SPECIFIC EXCEPTIONS TO TERMS ABOVE:

14.1 Limited Warranty for users located in Germany or Austria only. If you purchased a license to the software in Germany or Austria then Section 6 does not apply, instead, Battleaxe Software warrants to the person or entity that first purchases a licence for the Software, that the Software will perform substantially in accordance with the Documentation for a period of six (6) months following receipt of the Software when used on the recommended hardware configuration. Non-substantial variations of performance from the Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO UPDATES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR TO SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, you must return the Software, at our expense, to the location where you obtained it along with proof of purchase within such six (6) month period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Battleaxe Software and your exclusive remedy shall be limited to either, at Battleaxe Software's option, the replacement of the Software, the reduction of the license fee, or a refund of the licence fee you paid for the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. For further warranty information, please contact Battleaxe Software's Customer Support Department.

14.2 Limitation of Liability for users in Germany and Austria only. If you purchased a license to the software in Germany or Austria then Section 8 does not apply, instead, Battleaxe Software may be liable without limitation for damages you have incurred under or in connection with this Agreement only if the damage has been caused by the willful or grossly negligent act of Battleaxe Software or its agents. Battleaxe Software is liable only to the extent of the typically foreseeable damage for such damages which have been caused by any other negligent breach of a substantial contractual duty by Battleaxe Software or its agents. These aforementioned limitations apply irrespective of their legal basis, in particular with regard to any pre-contractual or auxiliary contractual claims. The limitations shall not apply, however, to any mandatory liability under the applicable German or Austrian Product Liability Act, nor to any damage which is caused due to the breach of an express warranty to the extent that such express warranty was intended to protect the user against the specific damage incurred. The obligations under the second sentence shall not apply if any damage is caused by your having altered the Software, or if the respective data carriers (media) have been damaged by accident, misuse or inappropriate use, or if the damage concerned has been caused by the use of the Software in connection with other software for which the Software was not designated to be used according to the Documentation.

If you have any questions regarding this Agreement or if you wish to request any information from Battleaxe Software please use the address and contact information included with this product to contact Battleaxe Software. Customer Support, Battleaxe Software Ltd., 25 Pinnex Moor Road, Tiverton, Devon, EX16 6JN, United Kingdom. Tel: +44 870 746 1433.

By installing the software you agree to be bound by the terms and conditions of this license.