LICENSE AGREEMENT
1. LICENCE CONDITIONS
This Software is owned by Us. We grant to You a nonexclusive, non-transferable, perpetual licence to use this Software on one Workstation only. The Software and associated files must not be altered or re-engineered in any way.
2. INTELLECTUAL PROPERTY
You acknowledge that despite Your use of the Software, We own all intellectual property rights in and in relation to the Software. You acknowledge that the Software is Our copyright property and to the extent that the law permits, You will not adapt, copy, alter, modify, reproduce, distribute, transmit, reverse engineer or create derivative works from the Software, nor will You allow a third party to do so.
3. WARRANTY
To the extent permitted by law:
(a) We do not warrant that the functions contained in the Software will meet Your requirements, or that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected;
(b) We do not warrant or make any representations regarding the use or the results of the use of the Software or any documentation provided to You in terms of their correctness, accuracy, reliability, or otherwise;
(c) This Software is provided to You ''as is''. To the extent permitted by law, We make no warranties, either express or implied, with respect to this Software and/or associated materials provided to You, including but not limited to any warranty of merchantability, fitness for a particular purpose or against infringement; and
(d) no oral or written information or advice given by Us or Our authorised representatives shall create a warranty or in any way increase the scope of this warranty.
4. LIMITATION OF LIABILITY
To the extent permitted by law, We and Our authorised representatives and distributors are not liable to You for any claims or damages whatsoever in relation to Your use of the Software, including property damage, personal injury, intellectual property infringement, loss of profits, or interruption of business, or for any special, consequential or incidental damages, however caused, whether arising out of breach of warranty, contract, tort (including negligence), strict liability, or otherwise.
5. CHARGES
You must pay the Charges in consideration for Your access to and use of the Software.
6. CONFIDENTIALITY
Each Party will not disclose the Confidential Information of the other Party without the prior written consent of the other Party. Each Party will take all reasonable steps to ensure that its employees and agents, and any sub-contractors it engages do not make public or disclose the other Party's Confidential Information. A Party will not be in breach of this clause 6 in circumstances where it is legally compelled to disclose the Confidential Information. This clause shall survive termination of these Terms of Access to Software.
7. DEFINITIONS
"Charges" means the charges payable for Your use of the Software, inclusive of VAT.
"Confidential Information" means any confidential information belonging to a Party which relates to the terms and subject matter of these Terms of Access to Software and includes, without limitation, information relating to Your data, Our data, the Software and a Party's personnel, policies, clientele or business strategies.
"Party" means either You or Us as the context dictates.
"Software" means the N-View Software computer program to be used by You under these Terms of Access to Software.
"License Agreement" means these terms and conditions for access to and use of the Software.
"Workstation" means one terminal or computer machine.
"You" or "Your" means You the party seeking to access and use the Software pursuant to these Terms of Access to Software.