End User Licence Agreement
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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 Pedserve ("SOFTWARE") on a single web site 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 web site for the purpose of providing pedigree database services to your users or customers ("LIVE SYSTEM"). You may also transfer the SOFTWARE to a single, separate, development web site for development and testing purposes only ("DEVELOPMENT SYSTEM"). The DEVELOPMENT SYSTEM may only be used by you for development and testing purposes only. You may also make a single copy of the SOFTWARE 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. CONDITIONS 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: NOTE: The Terms & Conditions of the EULA do not affect your statutory rights under English Law. |
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