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EULA - End User License Agreement
GWACC APPLICATION or APPLICATION SUITE
END-USER LICENSE AGREEMENT FOR GWACC APPLICATION or APPLICATION SUITE
IMPORTANT-READ CAREFULLY: This GWACC End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and GWAcc Limited ("GWACC") for the GWACC APPLICATION Suite that may include media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. If the SOFTWARE PRODUCT was purchased by you, you may return it to your place of purchase for a full refund.
The SOFTWARE PRODUCT is protected by copyright laws, as well as other intellectual property laws. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENCE.
The SOFTWARE PRODUCT is licensed as follows:
* GWACC grants to you a non-exclusive licence to install and use the Software on one or more workstations attached to a Local Area Network Server where the Application is installed on a single Server ("the LAN Server").
* The SOFTWARE PRODUCT may not be installed on more than one LAN Server at any one time.
* You may install a link to the SOFTWARE PRODUCT on a computer, provided that the individual workstation is connected to the LAN server. If you are an entity, GWACC grants you the right to designate one individual within your organization ("Named User") to have the right to install the SOFTWARE PRODUCT on the LAN Serrver in the manner provided above.
* Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. ADDITIONAL LICENCE TERMS FOR GWACC APPLICATION SUITE
* You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software.
* If you are an entity, GWACC grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided above.
GWACC products may include certain files ("Redistributables") intended for installation on the workstations linked to the LAN Server in order for the SOFTWARE PRODUCT to function correctly. Redistributables include, for example, those files identified in the accompanying printed or on-line documentation as redistributable files.
* Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this statement that use the SOFTWARE Product. Under no circumstances may any copies of Redistributables be distributed separately
* Under no circumstances may the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licenced user (or the Named User for your entity) have the right to use the libraries (including runtime libraries), code, Redistributables, or other files of the Software (or any portions thereof).
* In particular, you may not share copies of the Redistributables. You may not reproduce or distribute any GWACC documentation without GWACC's permission.
* All GWACC libraries, source code, Redistributables and other files remain GWACC's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly GWACC source code and other non-executable files) except those that GWACC has expressly designated as Redistributables. Nothing in the Licence Agreement permits you to derive the source code of files that GWACC has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files. You are not, of course, restricted from distributing source code or byte code that is entirely your own. Source code that you generate with an GWACC source code generator, such as an Application Wizard, is considered by GWACC to be your code.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
* Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties.
* Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Support Services. GWACC may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the GWACC polices. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to GWACC as part of the Support Services, GWACC may use such information for its business purposes, including for product support and development. GWACC will not utilize such technical information in a form that personally identifies you.
* Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, GWACC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
5. NO WARRANTIES.
GWACC expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
6. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall GWACC be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if GWACC has been advised of the possibility of such damages. In any case, GWACC's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or GBP ｣50.00; provided however, if you have entered into a GWACC Support Services Agreement, GWACC's entire liability regarding Support Services shall be governed by the terms of that agreement.
7. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as or with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). GWACC and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
This EULA is governed by the laws of Scotland.
Should you have any questions concerning this EULA, or if you desire to contact GWACC for any reason, please write to:
Lus a Mheal