YOUR OPPORTUNITY TO WITHDRAW:
All Powerdoc Systems programs are protected by copyright and on the condition that the purchaser or lawful acquirer (referred to here as “the customer”) of every copy of the programs agrees to the terms of this Licence Agreement. Please read the following terms and conditions carefully. If the Customer does not agree to be bound by this Licence Agreement, return the unopened diskette package, and all documentation in good condition with proof of purchase to the place of the purchase within 10 days of purchase and the purchase price will be promptly refunded. The Customer may be held legally liable for any use of the programs and documentation that is not in accordance with this Agreement and in certain circumstances this may involve criminal prosecution.
The Supplier (which expression means Powerdoc Systems, and its successors and assigns) in consideration of the licence fee (if any) paid as part of the purchase price and the Customer’s agreement to the terms and conditions of this Licence Agreement agrees to grant, and Customer agrees to accept, a personal non-exclusive, non-transferable licence to use the Supplier’s computer program(s) and associated documentation delivered with this Licence Agreement (all referred to as “Powerdoc”) under the following terms and conditions.
1. Scope of Use (“What can I do with it?”)
The Customer is authorised to use Powerdoc in accordance with the terms and conditions of this Licence Agreement for the Customer’s own purposes on multiple computer systems within a single site. The Customer may make copies of Powerdoc in machine-readable form for back-up and archive purposes only, provided that the Customer has no more than (6) full or partial such copies in existence at any time and that the original copyright notices and/or other legends are reproduced on each copy.
The Customer agrees in respect of any part of the Licensed Program NOT
1.1 Export or re-export Powerdoc without the appropriate United Kingdom or foreign government licences (where applicable).
1.2 Make any copies of Powerdoc other than back-up copies permitted under this Licence Agreement other than any transient copy necessary to the use of Powerdoc.
1.3 Reverse compile, disassemble, modify adapt or translate the whole or any part of Powerdoc:
1.4 Transfer, assign, rent, lease, sell or otherwise dispose of, part with or share the possession or use of Powerdoc (or agree to do any such acts).
No rights are granted to the Customer other than expressed in this Licence Agreement.
2. Term (“How long can I use it?”)
This Licence Agreement is effective from the date of the opening of the package containing Powerdoc and shall remain in force until terminated. The Customer may terminate this Licence Agreement at any time. This Licence Agreement will terminate without notice if the Customer fails to observe any of the terms and conditions of the Licence Agreement.
In the event of any termination, the Customer agrees to erase irreversibly all copies make of Powerdoc and to return to the Supplier all original media comprising Powerdoc (including without limitation all documentation) together with a certificate in writing that, to the best of the Customer’s knowledge and belief, the provisions of this Clause have been complied with.
3. Confidentiality (“You must honour trade secrets”)
Notwithstanding any copyright notice, Powerdoc contain trade secrets and confidential information of the Supplier. The Customer agrees not to disclose or otherwise make available any part of Powerdoc to any third party without the prior written consent of the Supplier.
4. EXCLUSIONS and Limited Warranty (“What we’ll do if something goes wrong and what we won’t”)
The Supplier warrants the diskette or other media containing Powerdoc to be free from defects in materials and reproduction under normal use by the Customer for a period of ninety (90) days from the date of purchase. If applicable, this warranty is in addition to any other statutory rights of the Customer.
Except only as stated above for media and in so far as required by law where the customer has dealt as a consumer (as defined in the unfair contract terms act 1977) Powerdoc are provided without warranty of any kind, and all undertakings warranties, terms, conditions and duties, express or implied, statutory or otherwise, including (without limitation) implied warranties of merchantability and fitness for purpose are hereby excluded.
5. LIMITATION OF LIABILITY (“What we do not accept responsibility for”)
Powerdoc is not designed or supplied to be used in circumstances where
personal injury or death, damage to property or loss of business could
result from any defect or error in Powerdoc. Subject to the above notice
the supplier does not by this clause limit liability for personal injury
or death arising from the supplier’s negligence or in any other respect
prohibited by law. The entire liability of the supplier, and the customer’s
sole and exclusive remedy, arising in respect of any tort, breach of duty
(statutory or otherwise), or breach of this licence agreement by the supplier
(in each case whether or not from the supplier’s negligence) is limited
to the replacement of any media not meeting the supplier’s limited
warranty above or refunding the purchase price of Powerdoc (as the case
In no event will the supplier or its distributors be liable for any loss or damage whatsoever, including (without limitation) incidental and consequential loss or damage and damages for lost data, contracts or profits, arising out of the use of or inability to use Powerdoc, even if the supplier has been advised of the possibility of such damages and whether or not due to the negligence of the supplier.
This Licence Agreement overrides all prior written and oral communications regarding Powerdoc with the Customer and sets out the entire agreement between the supplier and the Customer. The parties agree irrevocably to submit to the non-exclusive jurisdiction of the English Courts. If any provision of this Licence Agreement is ruled invalid under any law, such provision shall be deemed modified or omitted only to the extent necessary to render the remainder valid and the remainder of the Licence Agreement shall continue in full force and effect.