Licence Agreement

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The Supplier hereby grants the User a limited, non-exclusive, non-transferable licence to use one copy of the Supplier's software product "Asset Guardian®" (the "Program") as acquired with this licence.  Unless the User has more than one licence (see below), the User may only use one copy of the Program on a single stand-alone computer and the Program may only be used on one computer at a time.  The User may make one back-up copy of the Program, provided that such copy shall be subject to the terms of the agreement.

Multi-User Licences

If the User has multiple licences to use the Program then the User may use as many copies of the Program as the User has licences.  In the case of use on a network, the User is entitled to install and use one copy of the Program on the network server and one copy on each terminal attached to the network server from which the Program can be accessed provided that, for each such terminal, the User has a separate licence for the Program.  The copy of the Program installed on the network server will only be treated as being licensed as above provided the User has and maintains a licence for each terminal used to access the Program installed on the network server.

Copyright And Other Intellectual Property Rights

All Intellectual property rights in the Program and user documentation are owned by the Supplier and are protected by UK copyright laws, international treaty provisions and other applicable national laws.

Restrictions On Use

The User may not loan, rent, lease or license the Program or any copy. The User must not reverse engineer or de-compile the Program save to the extent permitted by applicable law. If the User wishes to obtain interface information relating to the Program this is available on request from the Supplier.

Limited warranty

The supplier warrants that for a period of 90 days after delivery, the Program will in all material respects conform to the descriptions contained in the user documentation supplied with the Program and the media on which the Program is supplied will be free from material defects.  This warranty is limited to the User and is not transferable.

Year 2000 compliance warranty

The supplier warrants that neither the performance nor the functionality of the Program shall fail or produce incorrect results when processing with four (4) digit year dates prior to, during and after the year 2000.

Note:   The warranty set out above is offered only in respect of the Program.  The Supplier cannot accept responsibility for, and does not offer any warranty in respect of, the performance and operation of any operating system, any programs which may be installed on any equipment on which the Program is operated or any other programs operated with the Program or the quality of the data sought to be processed using the Program.  The Supplier shall not be liable if and to the extent that the operating system, any part of it or any other programs operate in such a way as to have an adverse effect on the operation of the Program or to prevent the Product from complying with the warranty set out above.

No Other Warranties

SAVE AS EXPRESSLY PROVIDED OTHERWISE BY THIS AGREEMENT, NO CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS APPLY WITH RESPECT TO THE PROGRAM OR USER DOCUMENTATION (INCLUDING ANY SUCH TERMS AS TO QUALITY, PERFORMANCE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.)  For the avoidance of doubt, the Supplier does not warrant that the functions of the Program will meet  the User's requirements or that operation of the Program will be uninterrupted or error free. The User assumes responsibility for selecting the Program to achieve the User's intended results, and for the use and results obtained from the Program.

Limitation Of Liability

SAVE AS EXPRESSLY PROVIDED OTHERWISE BY THIS AGREEMENT, THE SUPPLIER SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING (BUT NOT LIMITED TO) LOSS OF PROFITS, LOSS OF SALES, LOSS OF TURNOVER, LOSS OF BARGAIN, LOSS OF USE OF COMPUTER EQUIPMENT, SOFTWARE OR DATA OR LOSS OF THE TIME ON THE PART OF MANAGEMENT OR OTHER STAFF, HOWSOEVER SUCH LOSS ARISES AND THE SUPPLIER'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED IN ALL CASES TO THE AMOUNT ACTUALLY PAID BY THE USER FOR THE COPY OF PROGRAM COVERED BY THIS AGREEMENT.

User Remedies

The User's sole remedy for breach of any warranty or other term contained in this agreement shall be, at the Supplier's option, either return of the price paid or repair or replacement of the Program with one that does meet the Supplier's limited warranty.

Statutory Rights

If the user is a consumer and has in that capacity purchased the copy of the Program covered by this agreement, the exclusions and limitations contained in this agreement do not affect any statutory rights to which the User is entitled and which may not under applicable law be excluded or limited.

Applicable Law

The agreement is governed by Scottish law and both parties submit to the non-exclusive jurisdiction of the Scottish Courts.

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