RUSECURE BUSINESS CONTINUITY
EXPERT - END USER LICENSE AGREEMENT
This License applies to the RUSECURE BUSINESS CONTINUITY EXPERT (the
"Software").
HAVING REGISTERED THE SOFTWARE, YOU HAVE CONSENTED TO BE BOUND BY AND BECOME A
PARTY TO THIS SOFTWARE LICENSE AGREEMENT.
1.0 - License
2.0 - Restrictions
3.0 - Fees
4.0 - Title and Copyright
5.0 - Disclaimer of Warranty
6.0 - Limitation of Liability and Indemnity
7.0 - Assignment
8.0 - Termination
9.0 - Notices
10.0 - Entire Agreement and No Waiver
11.0 - Governing Law
Copyright and Trade Mark Notice
1.0 - License
1) The Licensor (Easy2solve Limited) grants to the organization or other person
downloading or using the Software (the "Licensee") a non-exclusive and
non-transferable license to use the Software for the Licensee's own personal or
internal business purposes only.
2) The Licensee must only use the Software in accordance with this License.
Permission to use this software is dependent upon payment being made for any
outstanding license fees due.
3) The Licensee may only install the front-end Software on a PC, laptop or
workstation. The back-end data files may be installed on the same PC,
workstation or laptop as the front end or on a network.
4) The License type will either be Demonstration Version License, a Lite Version
License, a Standard Version License, or a Professional Version License depending
upon the type of License that has been purchased.
5) Each license allows use of the software by one named individual on one
stand-alone PC, laptop or workstation. The software uses PC, laptop or
workstation unique fingerprint technology and a license is unique for that
particular processing unit. For example, if you with to use the software both on
a PC and a laptop you will need two licenses.
6) Licenses are for use within one organization or legal enterprise within one
country and, only within that named organization or legal enterprise.
7) Licenses are normally granted for a one year period after which need to be
renewed at the end of this period in order to continue to use the software.
Information on the cost of renewal is published on
www.business-continuity-expert.com. Further information on how to renew your
license or can be obtained by contacting Sales@Easy2solve.com.
8) Consulting organisations or consultants who wish to use the multi-plan
capabilities to develop multiple plans for their clients will need a
Professional Consulting License. Further information on Professional Consulting
Licenses can be obtain from Sales@Easy2solve.com.
9) More information on how to upgrade your license or obtain additional licenses
can be obtained from Sales@Easy2solve.com.
10) The License does not entitle the Licensee to receive from the Licensor
telephone assistance.
2.0 - Restrictions
The Licensee may not:
1) adapt, alter, modify or create any derivative works of the Software or
documentation, including any translation, except strictly for its own internal
purposes;
2) decompile, disassemble, reverse engineer, or otherwise attempt to derive the
source code for the Software (except to the extent applicable laws specifically
prohibit such restriction);
3) redistribute, publish, sell, rent, lease, sub-license, part with possession
of or otherwise transfer the Software or any rights in it, or use the Software
in connection with a service bureau, application service provider, or similar
business;
4) redistribute any information received from or via the software to other
workstations, users or systems which are not covered by this license;
5) remove or alter any trademark, logo, copyright or other proprietary notices,
legends, symbols or labels in the Software.
3.0 - Fees
1) The License fee for the Software shall be as displayed on the Licensor's
website, and this License is conditional on the applicable fees (and any
relevant taxes such as VAT) being paid to the Licensor or to an authorized
Distributor.
4.0 - Title and Copyright
1) The Software is protected by copyright and other intellectual property laws
and by international treaties.
2) No title to, or rights of, ownership of the Software, or the copyright or any
other intellectual property rights in the Software, is or will be transferred to
the Licensee.
3) The Software contains confidential information of the Licensor, and the
Licensee agrees that except in accordance with an express written authority
signed by an authorized signatory of the Licensor, it will not provide or
otherwise make any of the Software and / or related documentation available or
disclose any of such information to any other person.
4) The Licensee must notify the Licensor immediately if the Licensee becomes
aware of any unauthorized use of the whole or any part of the Software by any
person.
5.0 - Disclaimer of Warranty
1) The RUSECURE IT BUSINESS CONTINUITY EXPERT and all accompanying materials are
provided on an "as is" basis, without warranty of any kind, including without
limitation any warranty as to the quality or performance of the Software, or
that it is free of defects or errors or does not infringe the patent, copyright
or other rights of any other person. In the event the Software is found to
infringe any third party right, the Licensor may seek to ensure that the
Licensee is permitted to continue using the Software, or failing that may
require the Licensee to cease using the Software.
2) The Licensee acknowledges that the adoption of any of the guidance and
recommendations contained within the Software does not represent a guarantee
that the Licensee's information will be secure.
3) All terms and conditions implied by statute or otherwise are hereby excluded
to the maximum extent permitted by law.
6.0 - Limitation of Liability and Indemnity
1) The Licensor shall not be liable to the Licensee for any loss of profits,
business opportunities or data, or any special, indirect or consequential losses
or damages of any kind whatsoever, whether caused by the negligence of the
Licensor or otherwise.
2) In any case, the Licensor's entire liability under any provision of this
License shall not exceed the aggregate fees paid by the Licensee for this
License.
3) The Licensor shall have no liability arising out of content provided by the
Licensee or a third party that is accessed through the Software and / or any
material linked through such content.
4) Nothing in this License affects any liability of the Licensor for death or
personal injury caused by negligence.
5) Neither party shall be liable for failure to perform its obligations under
this License if such failure is caused by force majeure, which shall include but
not be limited to an Act of God, war, natural disaster, fire, flood, explosion
or earthquake or any other circumstances outside that party's reasonable
control.
6) The Licensee shall indemnify the Licensor against any loss or liability
arising from the unauthorized use of the Software by the Licensee.
7.0 - Assignment
1) This License is personal to the Licensee, and may not be assigned without the
Licensor's express written consent.
8.0 - Termination
1) The Licensor may terminate this License with immediate effect by giving
written notice to the Licensee if the Licensee commits a material breach of its
obligations under this License, becomes bankrupt or goes into liquidation,
receivership or administration or ceases to carry on business.
2) If for any reason the license terminates, the Licensee agrees to delete all
copies of the Software and make no further use of it.
9.0 - Notices
1) Unless otherwise stated within this License, any notices to be given by
either party to the other shall be in writing and shall be delivered by hand,
electronic mail (other than for the purpose of legal process) or pre-paid post
to the other at its principal or last known address.
10.0 - Entire Agreement and No Waiver
1) This License represents the entire agreement between the parties in relation
to the subject matter of this License and supersedes all other agreements or
representations made by either party, whether oral or written.
2) Nothing in this License affects any liability for fraudulent
misrepresentation.
3) No waiver by the Licensor of any default of the Licensee under this License
shall operate or be construed as a waiver by the Licensor of any future
defaults, whether of a like or different character. No granting of time or other
forbearance or indulgence by the Licensor to the Licensee shall in any way
release, discharge or otherwise affect the liability of the Licensee under this
License.
11.0 - Governing Law
1) This License shall be governed by the laws of England and the parties agree
to submit to the exclusive jurisdiction of the English Courts.
Copyright and Trade Mark Notice
Copyright (c) protected 2002 - 2008 on behalf of Easy2solve Limited. All rights
reserved. The material contained within the RUSECURE BUSINESS CONTINUITY EXPERT
may not be reproduced and may not be distributed, publicly performed or
otherwise used, except with the prior express permission of the Licensor.
All trade marks herein are the property of their respective owners.