This End User Licence Agreement ("EULA") is a legal agreement between you, the end user (either an individual, or a legal entity such as a Company) and Tenset Technologies Limited ("TENSET"), a Limited Company registered in England.
GRANT OF LICENCE This EULA permits you to use one copy of Breeders Assistant ("SOFTWARE") on a single computer only, unless specifically authorised in writing by TENSET.
INTELLECTUAL PROPERTY RIGHTS This SOFTWARE is licensed, not sold. All title and intellectual property rights including copyright in the SOFTWARE are either owned by or exclusively licensed to TENSET and are protected by UK intellectual property laws, international treaty provisions, and all other applicable national laws. You may transfer the SOFTWARE to a single hard disk by running that portion of the SOFTWARE called the 'setup' or 'install' program, provided you keep the original copy solely for backup or archival purposes. If the SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy any written materials accompanying the SOFTWARE, except where permission to do so is expressly given in writing by TENSET. All rights not specifically granted under this EULA are reserved by TENSET and its suppliers.
1. You may not reverse engineer, decompile, alter, adapt or disassemble the SOFTWARE or create derivative works of any part of the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law.
2. This SOFTWARE may include copy protection technology to prevent unauthorised copying or may require original media for use of the SOFTWARE. It is illegal to circumvent any copy protection technology included in the SOFTWARE. It is illegal to make unauthorised copies of the SOFTWARE except that you may create a single copy of each distribution media (e.g. CD-ROM(s) or diskette(s)) supplied by TENSET for archival purposes subject to the condition that each such copy shall include the TENSET copyright notice(s) as given on the original media and that you do not permit access to such copies by third parties. Local law may provide you additional back-up rights.
3. You may not rent, lease or lend the SOFTWARE to third parties.
4. This EULA does not grant you any rights in connection with any trademarks or service marks of TENSET or its suppliers.
5. You may permanently transfer all of your rights under this EULA provided (a) you retain no copies; (b) you transfer all of the SOFTWARE (including the media, printed materials, any upgrades, and this EULA); (c) you remove all parts of the SOFTWARE from your computer(s) including program files, data files, help files, and online manual files; and (d) the transferee agrees to the terms of this EULA. If the SOFTWARE is an upgrade, such transfer must include all prior versions of the SOFTWARE.
6. Without prejudice to any other rights TENSET may terminate your rights under this EULA if you fail to comply with the terms and conditions of this EULA. In this event you must destroy all copies of the SOFTWARE and all of its component parts.
7. Unless you purchase a Commercial Licence for the SOFTWARE in advance you may not make any commercial gain either directly or indirectly from any output created by the SOFTWARE printed or otherwise EXCEPT that if you are a breeder then you may supply printed pedigrees and associated paperwork (such as mating certificates) produced by the program as part of your normal activities as a breeder i.e. to accompany animals sold or stud services supplied by you AND if you have purchased a Professional Licence for the SOFTWARE then this clause does not prevent you selling protected databases created by you using the 'Publisher Facility' of the software. All other commercial gain derived from your use of the SOFTWARE requires a Commercial Licence.
8. You may not use the SOFTWARE to produce printed pedigrees for third parties under any circumstances except as provided in clause 7.
9. You chose your Licence Name when you ordered the SOFTWARE. Except in the event of your name changing with legal proof (e.g. by marriage), or by the provisions of clause 5, your Licence Name may not normally be changed without purchasing a further licence for the SOFTWARE. Changing your Licence Name may incur a fee.
10. Inbreeding calculations, genetic analyses & predictions, mating predictions and all related information generated by SOFTWARE is provided as an informational tool only. TENSET does not warrant the accuracy of any such information or report generated by SOFTWARE. You accept that in no circumstance will TENSET have any liability with respect to any use of any inbreeding calculation, genetic analysis or prediction, mating prediction or any related report generated by SOFTWARE.
11. TENSET provides no warranty or guarantee of security for information in databases generated using the 'Publisher Facility' of SOFTWARE. You accept that in no circumstance will TENSET have any liability with respect to any unauthorised use of any databases generated using the 'Publisher Facility' of SOFTWARE or information extracted from them, no matter how arising. You accept that TENSET shall have no liability even in the event that unauthorised use of such databases or information extracted from them is as a result of defects or shortcomings in SOFTWARE.
12. The text of all sale agreements contracts invoices or similar as supplied with SOFTWARE are provided as samples only. TENSET does not warrant the legal enforceability or correctness of any such contract or agreement or invoice or similar. You agree to engage your own solicitor or lawyer to draft agreements or contracts suitable to your needs and locality. You accept that in no circumstance will TENSET have any liability with respect to any use of any sale agreement or contract or invoice or similar generated by SOFTWARE.
13. Unless you have purchased a Commercial or Professional Model licence for the SOFTWARE you may only print the following documents if the printed output also includes the name of the user or user(s) given in your Licence Name: (i) rectangular (normal) pedigree certificates that contain a picture or the word's 'pedigree' or 'certificate'; (ii) circular pedigrees; (iii) trial mating pedigrees that contain a picture or the word's 'pedigree' or 'certificate'; (iv) mating certificates, where provided by the software. The name or name(s) must appear prominently in the heading of the printed pedigree or mating certificate.
14. You may only save documents such as pedigrees as image files if those documents also satisfy the printing requirements of clause 13.
LIMITED WARRANTY If you obtained SOFTWARE on physical media (e.g. diskette or CD) from TENSET, TENSET warrants the same to be free from defects in materials and workmanship under normal use for a period of 60 days from date of receipt. TENSET's entire liability and your exclusive remedy shall be, provided that you have given TENSET written notification within the warranty period of the defects, replacement of the defective media. TENSET further warrants that the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of 90 days from the date of receipt. Any implied warranties on the SOFTWARE are limited to 90 days, or the shortest period permitted by applicable law, whichever is the greater. Some states/jurisdictions do not allow limitations on the duration of an implied warranty, so this limitation may not apply to you.
CUSTOMER REMEDIES TENSET's and its suppliers entire liability and your exclusive remedy shall be, at TENSET's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet TENSET's Limited Warranty and which is returned to TENSET with a copy of your original receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, misuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
NO OTHER WARRANTIES (ALL COUNTRIES EXCEPT AUSTRALIA & NEW ZEALAND) To the maximum extent permitted by applicable law, TENSET and its suppliers disclaim all other representations, warranties, conditions or other terms, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE and accompanying product materials. The limited warranty contained herein gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
LIMITATION OF LIABILITY (AUSTRALIA & NEW ZEALAND ONLY) To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. Consumers may nevertheless have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which liability may not be excluded. Insofar as such liability may not be excluded, then to the maximum extent permitted by law, such liability is limited, at TENSET's exclusive option, to either (a) replacement of the SOFTWARE; or (b) correction of defects in the SOFTWARE; or (c) payment of the cost of having defects in the SOFTWARE corrected.
NO LIABILITY FOR CONSEQUENTIAL LOSS (ALL COUNTRIES EXCEPT AUSTRALIA & NEW ZEALAND) To the maximum extent permitted by applicable law, in no event shall TENSET or its suppliers be liable for any damages whatsoever (including, without limitation, special, incidental, consequential, or indirect damages for loss of business profits, personal injury, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this SOFTWARE, even if TENSET has been advised of the possibility of such damages. In any case, TENSET's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE. Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so this limitation may not apply to you.
EXCLUSION OF LIABILITY/DAMAGES (AUSTRALIA & NEW ZEALAND ONLY) The following is without prejudice to any rights you may have at law that cannot legally be excluded or restricted. You acknowledge that no promise, representation, warranty or undertaking has been made or given by TENSET or any of its suppliers to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE or accompanying written materials. You have relied upon your own skill and judgement in deciding to acquire the SOFTWARE and accompanying written materials for use by you. Except as and to the extent provided in this agreement, neither TENSET nor any of its suppliers will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any accompanying written materials. TENSET's and its suppliers' total liability under any provision of this agreement is in any case limited to the amount actually paid by you for the SOFTWARE.
This Agreement is governed by the laws of England and Wales. You hereby submit to the non-exclusive jurisdiction of the courts of England. If you have any questions concerning this Agreement, please contact TENSET at the address below:
Tenset Technologies Limited, PO Box 2000, Cambridge CB21 5XZ, UK
NOTE: The Terms & Conditions of the EULA do not affect your statutory rights under English Law.
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