USE OF THIS SOFTWARE IS SUBJECT TO THE MARKITSOFT SOFTWARE LICENSE TERMS AND THE WARRANTY STATEMENT SET FORTH BELOW. YOU SHOULD READ ALL THE TERMS OF THIS AGREEMENT CAREFULLY. YOU WILL BE ASKED TO EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THIS AGREEMENT WHEN ORDERING THE SOFTWARE.
a. "Software" means the described software programs and any accompanying instructions, documentation, technical data, images, recordings, and other related materials.
b. "Use" means storing, loading, installing, executing, or displaying the Software on a device.
c. "Products" means, Software, documentation and upgrades that are determined by Markitsoft to be available from Markitsoft upon receipt of Customer's order.
d. "Software License" means the Software license grant and general license terms set forth herein. Each Software License has a corresponding License Fee.
e. "License Fee" means the fee or fees designated by Markitsoft for Use of Software designated on this website at the time this Agreement is entered into. Different License Fees may apply to particular Software if more than one Software License is available for that Software.
2. LICENSE GRANT
Each Software License authorises a single person to Use multiple copies of the Software on one computer. The Software maybe installed on a network provided that number of users that access the Software doesn't exceed the maximum number of authorized users stipulated by the License Fee.
3. GENERAL LICENSE TERMS
a. Software is owned and copyrighted by Markitsoft. Customer's Software License confers no title or ownership and is not a sale of any rights in the Software.
b. Customer will not rent, lease, transfer, modify, disassemble, decompile or otherwise attempt to access or determine the source code of the Software nor permit anyone else to do so. You may not make access to the Software available to others in connection with a service bureau, application service provider or similar business, nor permit anyone else to do so without Markitsoft's prior written consent.
c. Markitsoft may terminate Customer's Software License upon notice for failure to comply with any applicable Software License terms. Immediately upon termination, the Software and all copies of the Software will be destroyed or returned to Markitsoft.
4. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
THE SOFTWARE AND ANY ACCOMPANYING INSTRUCTIONS, DOCUMENTATION, TECHNICAL DATA, IMAGES, RECORDINGS, AND OTHER RELATED MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
ANY LIABILITY OF MARKITSOFT WILL BE LIMITED EXCLUSIVELY TO REFUND OF PURCHASE PRICE.
IN ADDITION, IN NO EVENT WILL MARKITSOFT OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT MARKITSOFT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Software License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This software Licensed shall be governed by the laws of the United Kingdom.
Last updated: 5 September 2006