LimeTechs STANDARD SOFTWARE LICENCE

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 INSTALLING, USING OR CLICKING ON THE ACCEPTANCE BUTTON WHICH FOLLOWS 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 REJECTION BUTTON, DELETE THE MATERIALS FROM YOUR COMPUTER AND, WITHIN 14 DAYS OF RECEIPT, RETURN THE MEDIUM AND ALL ITEMS FORMING PART OF THE SOFTWARE PRODUCT TO THE LICENSOR OR A LICENSED RESELLER WITH PROOF OF PURCHASE FOR A FULL REFUND AND ALL COSTS OF POSTAGE AND PACKING. THE TERMS OF A LICENCE AGREEMENT ACCOMPANYING A PARTICULAR SOFTWARE PRODUCT UPON INSTALLTION OR DOWNLOAD OF THE SOFTWARE SHALL SUPERSEDE THE TERMS BELOW: 

1. DEFINITIONS "The Licensor" means LimeTechs. "You" means the reader and any Corporate Licensee
 (the licensee). 

2.  GRANT OF LICENCE Provided that you have paid the applicable licence fee, LimeTechs grants to you a 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 - Different types of licence are available to use the Materials provided you have paid the appropriate fee:
3.1.1 - A Single User Licence authorises you to use the Materials on a single computer only which is under your control;
3.1.2 - A Corporate Licence authorises you to use and copy the Materials for use on any computer system controlled by you or any member of your corporate group, which expression includes the Corporate Licensee, the Corporate Licensee's majority-owned subsidiaries, any parent company having a majority- owned interest in the Corporate Licensee, and such parent's majority-owned subsidiaries.
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 LimeTechs 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
7.1 - Subject to the limitations and exclusions of liability set out below, LimeTechs warrants that for a period of 12 months from the date of delivery of the Materials (the " Warranty Period"), the Medium on which the Materials are recorded will be free from material defects under normal use and the copy of the Materials in the package will materially conform to the documentation that accompanies it.
7.2 - LimeTechs will also indemnify you for personal injury or death directly resulting from any defect in its products or the negligence of its employees.
7.3 - LimeTechs shall not be liable under the warranties given in clause 7.1 above if the Materials fail to conform to the said warranty because of any corruption, abuse or incorrect use of the Materials (including use of the Materials with equipment or other software which is incompatible) or because of any variation, modification or addition to the Materials not performed by LimeTechs. 

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 LimeTechs nor any licensed reseller) assume the entire cost of all necessary servicing, repair or correction. LimeTechs 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. LIMITATION OF LIABILITY If the Medium or the Materials fail to conform to the warranties set out in clause 7.1 above you may, as your sole and exclusive remedy, obtain a replacement if you return the Materials to LimeTechs or to your supplier during the Warranty Period with a dated proof of purchase. If, during the Warranty Period, LimeTechs is unable to deliver a replacement which is free of material defects, you may terminate this Licence Agreement by returning the Materials to LimeTechs or your supplier and any money you paid for the Materials will be refunded, along with the cost of postage and packing. 

10. EXCLUSION OF LIABILITY
10.1 - In no event shall LimeTechs 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 LimeTechs has been made aware of the possibility of such damages.
10.2 - Nothing in this Licence Agreement shall exclude or limit the liability of LimeTechs for fraudulent misrepresentation or for death or personal injury resulting from the negligence of LimeTechs. 

11. TERMINATION
11.1 - 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 LimeTechs or your supplier voluntarily.
11.2 - 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. 

12. 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.   

13. 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. 

14. 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.