PLEASE READ THIS CAREFULLY BEFORE YOU INSTALL THIS SOFTWARE
YOUR RIGHT TO USE THIS SOFTWARE PRODUCT IS SUBJECT TO THE TERMS SET OUT IN THIS LICENCE AGREEMENT. INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT OR UNDERSTAND THEM, YOU SHOULD NOT INSTALL THE SOFTWARE.
THIS LICENCE APPLIES ONLY TO TREKTRAK THE FREE VERSION OF THIS SOFTWARE. IF YOU HAVE PURCHASED TREKTRAKPRO THE REGISTERED VERSION OF THE SOFTWARE A DIFFERENT LICENCE AGREEMENT APPLIES.
NOTE: TECHNICAL SUPPORT AS WELL AS NOTIFICATION OF UPGRADES IS ONLY PROVIDED TO USERS OF TREKTRAKPRO WHO PURCHASE A SOFTWARE REGISTRATION KEY.
1 GRANT OF LICENCE
Under copyright law you are not permitted to install or run TrekTrak ('the Software') or use the user manuals and other documentation including online help text ('the Documentation') supplied to you without the permission of PCPM Software Limited ('the Owner')'. In consideration of your agreement to the terms of this agreement the Owner grants you, a non-exclusive right ('the Licence') to install and run the Software and use the Manuals as permitted by this Agreement. All references to the Software mean the object code only of the program(s) comprising the Software.
YOU ARE PERMITTED TO:
1.1 use the Software and Documentation in connection with more than one computer;
1.2 transfer the Software from one computer to another;
1.3 use the Software for your personal use or in your business or profession;
1.4 make as many copies of the Software and Documentation as you wish;
1.5 give exact copies of Software and Documentation to anyone;
1.6 distribute the Software and Documentation in its unmodified form via electronic means.
YOU MAY NOT NOR PERMIT OTHERS TO:
1.7 use, copy or transfer the Software except as permitted by this Agreement;
1.8 rent, lease or otherwise charge for the use of the Software and Documentation:
1.10 alter, adapt, merge, modify or translate the Software or the Documentation in any way for any purpose, including,without limitation, for error correction;
1.11 reverse-engineer, disassemble or decompile the Software except that you may decompile the Software only to the extent permissable by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software or with another program and such information is not readily available from the Owner or elsewhere;
1.12 remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in the Software and Documentation.
2 TERM AND TERMINATION
2.1 The Licence for the Software will continue until terminated. You may terminate it at any time by destroying the Software and Documentation together with all copies in any form.
2.2 Your Licence to use the Software and Documentation will terminate automatically if you fail to comply with any term of this Agreement.
2.3 Upon termination of the Licence for any reason you will destroy the Software and Documentation together with all copies in any form, including copies on your hard and back-up disks. Any use of any copies of the Software or Documentation after termination of the Licence is unlawful.
3 LIMITED WARRANTY
The Owner warrants only to you, as the original licensee, that:
3.1 the Software when used properly will provide the functions and facilities as described in the Documentation supplied for the Software; and
3.2 if supplied directly by the Owner on physical media, and not downloaded from the Internet or supplied on physical media by a third party, the media on which the Software is recorded will be free from defects in material and workmanship under normal use.
The Owner's entire liability and your exclusive remedy under the warranties given in this section 3 will be, at the Owner's option, to either:
3.3 repair or replace the Software or media which does not conform with the warranty or
3.4 terminate the Licence.
4 EXCLUSION OF OTHER WARRANTIES
Except for the express warranties in section 3 the Owner and its suppliers make and you receive no other warranties, conditions Or representations, express or implied, statutory or otherwise, and without limitation the implied terms of merchantability And fitness for a particular purpose are excluded. The Owner does not warrant that the operation of the Software will be Error free or uninterrupted. It is your responsibility to ensure that the Software is suitable for your needs and the entire Risk as to the performance and results of the Software and Documentation is assumed by you.
5.1 In no event will either the Owner or its suppliers be liable for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract, tort, including negligence, or otherwise.
5.2 If any exclusion, disclaimer or other provision contained in this Agreement is held invalid for any reason and the Owner becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by you for the Software.
5.3 You acknowledge that the allocation of risk in this Agreement reflects the price paid for the Software and also the fact that it is not within the Owner's control how and for what purposes the Software is used by you.
6.1 This Agreement is the entire agreement between you and the Owner and supersedes any other oral or written
communications, agreements or representations with respect to the Software and Documentation.
6.2 Nothing in this Agreement will affect the statutory rights of a consumer in 'consumer transactions' under any applicable statute.
6.3 If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the
remainder of the Agreement will not be affected.
6.4 This Agreement is governed by the laws of England and Wales.