In this agreement the phrase "the Software" means the computer programs and documentation included in the downloaded file(s) or package.
By downloading, installing, copying, purchasing a licence for, requesting a key for, or otherwise using the Software, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement you are granted no rights in respect of the Software and must immediately destroy all copies of the Software in your possession or control.
If you have purchased a licence, you may use the Software on a single machine. You may not use the Software on any other machine and may not allow any other individual to use the Software.
If you have not purchased a licence, you may use the Software on a single machine for evaluation purposes only. The evaluation period is limited to a specified number of days, after which you must purchase a licence or destroy all copies of the Software in your possession or control.
You may copy the Software in order to install it and for backup purposes.
Limitations on use
You may not sell, rent, lease, lend, give away, translate, decompile, modify, disassemble, reverse engineer, or create derivative works based on the whole or any part of the Software.
You may not copy the Software except as expressly permitted in this agreement.
Title and copyright
The Software is protected by copyright and other intellectual property laws and international treaties. Title to, ownership of, and all rights and interests in the Software, (including all copyrights, trade marks, patent rights or any other intellectual property rights of whatever nature), and all copies thereof shall remain at all times vested in Wingpath Limited.
You may not assign, sub-license or otherwise transfer your rights or obligations under this licence agreement whether in whole or in part without the prior written consent of Wingpath Limited.
You may terminate this Licence agreement at any time by ceasing to use the Software.
If you fail to comply with the terms and conditions of this agreement, this agreement shall terminate immediately and automatically without prejudice to any other remedies which Wingpath Limited may have.
In the event of termination of this agreement for any reason, you will forthwith destroy all copies of the Software in your possession or control.
Wingpath Limited may from time to time create updated versions of the Software. Updated versions of the Software will be subject to the terms and conditions of this agreement and reference to the Software in this agreement means and includes any updated version.
Wingpath Limited warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of purchase. During the evaluation period there is no warranty of any kind for the Software, which is provided on an 'as is' basis.
To the maximum extent permitted by applicable law, Wingpath Limited disclaims all other warranties with respect to the Software, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
If and to the extent permitted by law and notwithstanding any other provisions of this agreement:
- no warranty, condition or other term, express or implied, statutory or otherwise, shall apply unless and except to the extent expressly contained in this agreement.
- we shall have no liability for any consequential loss or damage (including but not limited to business interruption or loss of profit).
- any liability to which we might otherwise become subject shall, in aggregate, be limited to the price paid for the Software licence.
This agreement constitutes the entire agreement between you and Wingpath Limited with respect to your use of the Software. Any changes to this agreement must be made in writing, signed by an authorised representative of Wingpath Limited.
We shall not be liable to you for any delay or failure to perform our obligations under this agreement or otherwise if such delay or failure arises from any cause or causes beyond our reasonable control, including, but not limited to, labour disputes, strikes, other labour or industrial disturbances, acts of God, floods, lightning, earthquakes, shortages of materials, utility or communication failures, casualty, war, acts of the public enemy, riots, or civil disturbances.
If any of the provisions of this agreement are invalid under any applicable statute or rule of law then to that extent they are deemed omitted.
This agreement shall be governed by and interpreted in accordance with English law.
Headings not controlling
Headings used in this agreement are for information only and shall not be deemed part of this agreement.