Terms and Conditions - Software Sales

  • A SOFTWARE LICENCE AGREEMENT BETWEEN    Stellar Publishing, 180 Eureka Park, Ashford , Kent , TN25 4AZ, United Kingdom   (‘LICENSOR’) AND YOU.
  • PURCHASERS OF SOFTWARE ARE REQUIRED TO AGREE TO BE BOUND TO THE FOLLOWING TERMS.
  • YOU AGREE TO BECOME THE LICENSEE TO THIS LICENCE AGREEMENT AND CONSENT TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENCE AGREEMENT,
    • The Licensor grants you the ‘Licensee’ a non-exclusive, non-transferable limited licence to use the accompanying software ebook, including (if applicable) electronic documentation and associated material (‘the Software’) strictly in accordance with the terms and conditions of this Licence Agreement. The Licensee may not use the Software over a network.
    • Licensee may only use the Software by copying, transmitting or loading it into a single hard disk, CD-ROM or other storage device such that the Licensee’s computer may process the Software. Licensee may make one copy of the Software for back-up purposes, maintaining always the same copyright information as the original.
    • Licensee is not permitted (save to the extent allowed by law) to copy the Software otherwise than for use of the Software for normal operation in accordance with the terms of this Licence Agreement. The Licensee shall not (save as to the extent allowed by law) disassemble, decompile or reverse engineer the Software, nor translate, adapt, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works from the Software. The Licensee must ensure that the copyright notice of the Licensor is duplicated as it appears in or on the Software on all authorised copies. The Licensee shall not display the Software on a public bulletin board, ftp site, website, chat room or by any other unauthorised means. The Licensee shall destroy the Software and all upgrades or copies in its possession promptly upon termination of this Licence Agreement or discontinuance of the licence granted, for whatever reason.
  • THE SOFTWARE IS PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED AND THE LICENSEE IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY ANY SUCH ERRORS
  • EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM THE LICENSOR’S NEGLIGENCE, LICENSOR EXCLUDES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED, ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENCE AGREEMENT, THE SOFTWARE, ITS USE OR OTHERWISE. THE LICENSOR EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THE LICENSOR ACCEPTS ANY LIABILITY WHATSOEVER, OR IS OTHERWISE LIABLE SUCH LIABILITY SHALL BE LIMITED TO THE LICENCE FEE PAID BY THE LICENSEE FOR THE SOFTWARE.
  • The Licensor shall at all times remain the sole owner of all intellectual property and like proprietary rights subsisting in or used in connection with the Software.
  • The Licensor may terminate this Licence Agreement at any time if the Licensee is in breach of any of the terms and conditions of this Licence Agreement. Licensee may terminate this Licence Agreement at any time by destroying the Software and all copies. If the Licensor notifies the Licensee of such termination, Licensee shall comply with the provisions of this Licence Agreement.
  • This Licence Agreement shall be construed in accordance with and governed by English law and subject to the exclusive jurisdiction of the English courts.

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