» version 188.8.131.52 - posted on 2005-11-22
1.1 Please read this License Agreement carefully before unsealing the Crystal Clear Hire software and applicable documentation (the 'Software') provided by Crystal Clear Designs Limited ('Crystal Clear Designs', 'our', 'we' or 'us') (Company number: 04946005 and VAT number: 824 7754 06). In particular, we draw your attention to clause 9 (Liability). By installing this Software you agree to be legally bound by this License Agreement.
1.2 If you do not wish to be bound by this License agreement then you may not unseal or use the Software.
2 Trial Software License
2.1 The trial version of the Software is available for 30 days. After 30 days, the temporary license will expire and you will not be able to access the Software. You will then need to purchase a permanent license agreement, which will allow you to continue using the Software.
2.2 This license agreement also forms the terms and conditions of the temporary license.
3.1 Upon payment, Crystal Clear Designs grants you a non-exclusive, non-transferable license to use the Software, on the terms and conditions of this License Agreement.
3.2 The license key received to unlock the trial version of the Software must be kept confidential and must not be given or revealed to anyone.
3.3 We are under no obligation to provide you with any updates to, or new versions of, the Software ('Upgrades'). However, if we do, your use of the Upgrade will be subject to the License Agreement currently in force from the time of unsealing and downloading the upgrade.
In relation to the Software:
(a) you may:
(i) load the Software into the permanent memory of a single computer which is controlled by you;
(ii) copy the Software for backup purposes only ('Backup Copies'), as long as you retain any copyright notices included with the Software in any Backup Copies;
(iii) use an evaluation copy of the Software for the period specified after installation. Upon reaching the end of the evaluation period, the Software must be purchased in order to continue its use
(b) you may not:
(i) make or distribute copies of the Software other than in the course of normal operation or in accordance with sub-clause 3.3(a) above;
(ii) copy the software from one computer to another without erasing the Software from the permanent memory of the first computer;
(iii) sub-license, rent, lease, transfer or attempt to assign this License Agreement of the Software to any other person;
(iv) translate, modify, adapt, reverse engineer, disassemble, decompile or create derivative works based on the Software (whether for purposes of error correction or otherwise), except where a right to do so is conferred by applicable law and cannot be excluded;
(v) use any Backup Copies for any reason other than to replace the original copy in the event that it becomes defective or destroyed;
(vi) use the Software in any manner, or transfer or export the Software or any copies into any country, other than in compliance with applicable laws; and
(vii) allow any other person to use the Software other than in accordance with the terms and conditions of this License Agreement.
We may terminate this License Agreement at any time if you are found in breach of any of these terms. If you are notified of termination, you must destroy all of your copies of the Software immediately.
4.1 Details of our prices for the Software and the procedures for payment are displayed within the Crystal Clear Design web site. The price of the Software is the price in force at the date and time of your order. We may change the price of the Software before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see sub-clause 4.2 below). We will inform you if the Software's correct price is higher than stated in your order and you may cancel the order and decide whether or not to order the Software at the correct price. The prices are exclusive of applicable taxes.
4.2 Crystal Clear Designs is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by e-mail and details of how to unseal the Software will be made available to you. You will have no right to cancel the contract once we have confirmed acceptance of your order, as this will constitute performance of our services.
4.3 You undertake that all details you provide to us for the purpose of obtaining a license of the Software will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Software. We reserve the right to obtain validation of your credit or debit card details before agreeing to license you the Software.
5.1 We warrant that:
(a) we have the right to license the Software to you; and
(b) for a period of 90 days from you unsealing and downloading the Software, it will materially conform to the electronic documentation provided with it.
However, we do not warrant that the Software will be error or virus free.
5.2 At our option, we may grant you a refund or provide you with replacement Software in the following circumstances:
If the Software downloaded is not what you ordered; or
If the Software does not comply with the warranty in sub-clause 5.1 and you notify us of the details of any non-compliance as soon as possible. No other refunds will be available in relation to the Software.
5.3 If you claim a refund from Crystal Clear Designs under sub-clause 5.2:
(a) you must destroy all of your copies of the Software; and
(b) the License Agreement will be terminated as of the date of your notification to us of your claim for a refund.
5.4 If you have any complaints, you should direct them to us via e-mail at firstname.lastname@example.org
6 Provision of software
6.1 Crystal Clear Designs makes no representations and gives no warranties, express or implied that making the Software available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Software or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Software is not offered for sale to you. You accept that if you are a resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Software. Crystal Clear Designs accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Software by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
7 Copyright and monitoring
The Software is protected by international copyright laws and other intellectual property rights. The owner of these rights is Crystal Clear Designs, its affiliates or other third party licensors. All product and company names and logos contained within the Software are the trademarks, service marks or trading names of their respective owners, including us.
8.1 All warranties offered in relation to the Software are set out in clause 4.1 of this Licence Agreement. We exclude all other warranties, express or implied terms, conditions, representations or endorsements whatsoever with regard to the Software.
8.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance this Software, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Crystal Clear Designs or our servants, agents or any other person or entity.
8.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Software concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
8.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Software. You also understand that we cannot and do not guarantee or warrant that the Software will be free from infections, viruses and/or other code that has contaminating or destructive purposes. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
9.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Licence Agreement at any time.
9.2 We may alter this Licence Agreement from time to time and post the new version on our web-site, following which all use of our Software will be governed by that version.
9.4 If any provision or term of this Licence Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
9.5 This Licence Agreement and your use of the Software is governed by English law and you submit to the exclusive jurisdiction of the English courts.
9.6 Except in respect of a payment obligation, neither you nor Crystal Clear Designs will be held liable to the other for any failure to perform any obligation due to causes beyond your or Crystal Clear Design's respective reasonable control.
9.7 Failure or delay by either party enforcing an obligation or exercising a right under this Licence Agreement does not constitute a waiver of that obligation or right.
9.8 This Licence Agreement does not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
10.1 All notices shall be given:
to us via e-mail at email@example.com; or
to you at either the e-mail or postal address you provide during any ordering process.
10.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
This Licence Agreement replaces all other terms and conditions previously applicable to the licensing of the Software.