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Exceltasks Ltd Terms And Conditions For All Websites & Applications
Exceltasks LTD, a United Kingdom Limited company with principal offices at 2 The Moorings, Sittingbourne, Kent ME9 9HQ, UK (“Exceltasks”), and the Licensee hereby agree as follows:
1. Definitions
Terms used herein shall have the following definitions:
DESIGNATED COMPUTER: The identification of a computer, specified in a License Supplement, on which Licensee will use Exceltasks Programs.
COMPUTER PROGRAMS: Any website or desktop application developed by Exceltasks.
LICENSEE: The person who has accepted the responsibility for ensuring that all usage of the Exceltasks Programs at the Designated Computer complies with the terms of this Software License Agreement. By using any Exceltasks website or application, you agree to comply with these terms.
Exceltasks PROGRAM: The Exceltasks computer program(s) specified in a License Supplement and furnished by Exceltasks to Licensee under the terms of this Software License Agreement, including the Exceltasks documentation for such program.
LICENSE SUPPLEMENT: A supplement to this Software License Agreement specifying each Designated Computer and each Exceltasks Program to be licensed hereunder for use at that Designated Computer, including the license type, license fees and duration. A License Supplement may modify the terms of a previous License Supplement but may not modify the terms of this Software License Agreement.
REGISTRATION: The Licensee pays or legally obtains from Exceltasks, a registration code for the software and a Software License for the Exceltasks Program.
2. Delivery and Documentation
Exceltasks agrees to provide executable versions of each Exceltasks Program specified in a License Supplement. Licensee shall install the Exceltasks Programs in accordance with the basic instructions included in the installation setup procedure of Exceltasks Programs.
3. License
Exceltasks hereby grants to Licensee and Licensee accepts from Exceltasks a non-exclusive, non-transferable, royalty-free license solely for evaluation purposes.
Following Registration, Exceltasks hereby grants to Licensee and Licensee accepts from Exceltasks a non-exclusive, non-transferable, royalty-free license solely for purposes conforming to this Software License Agreement.
4. Restrictions on Use
Licensee agrees not to, before or after registration, (i) modify, reverse compile, disassemble, or otherwise reverse engineer any Exceltasks Program, or allow anyone else to do so (except only to the extent such prohibition is contrary to applicable law); (ii) attempt to access or use portions of the Exceltasks Program code for which Licensee has not acquired a license; or (iii) except as specifically authorized herein, distribute or transfer the Exceltasks Program. Licensee also agrees not to remove or destroy any proprietary markings or legends or any encrypted license keys or similar security devices placed upon or contained within any Exceltasks Program.
Each Exceltasks Program shall be used by the Licensee only for the purpose of evaluating suitability of the program for the Licensee’s proposed applications. For the avoidance of any doubt all output generated from any Exceltasks Program before or after registration including models, input files, images including screenshots shall not be used for commercial or research purposes, publications, or presentations without the express written consent of Exceltasks. All files provided by Exceltasks and all output generated from these files shall remain the property of Exceltasks and shall not be used for purposes other than internal evaluation.
Any use of any Exceltasks Program
1) for a commercial purpose other than to increase the productivity of the licensee for the designated computers for which the licensee is registered with Exceltasks
OR
2) to produce meshes having commercial value, including any project or mesh of a type performed in the normal course of a business or practice
OR
3) For any purpose otherwise expressly forbidden in this agreement
is strictly prohibited.
Licensee shall not use any Exceltasks Program for the purpose of developing products which compete with the Exceltasks Programs. In no event shall Licensee make all or any part of any Exceltasks Program available to any third person as part of a data services operation or application services provider or otherwise.
All use of any Exceltasks Program shall be under the direct supervision and control of the Licensee. Licensee hereby asserts to be fully cognizant of the terms and conditions of this Software License Agreement, and to have the authority to exercise such supervision and control.
Each licensed Exceltasks Program shall only be used at any time at the Designated Computer on a uniquely identified computer processor (node-locked license).
Licensee understands and acknowledges that it is granted only those rights set out in this Software License Agreement and License Supplement and no other rights.
5. Ownership
Licensee acknowledges and agrees that neither this Software License Agreement nor any License Supplement grants Licensee any title or rights of ownership in any Exceltasks Program or any right to use, copy, transfer or disclose all or any portion of any Exceltasks Program except as expressly provided in this Software License Agreement and the applicable License Supplement.
All right, title, and interest in any Exceltasks Program and in any ideas and know-how which are developed by Exceltasks in the course of providing any technical services, including any enhancements or modifications made to a Exceltasks Program, shall at all time remain the property of Exceltasks. Licensee acknowledges and agrees that the Exceltasks Program is licensed, not sold.
6. Duration
The license granted under this Software License Agreement shall commence for each Exceltasks Program on the date that the license key for that Exceltasks Program has been sent to the Licensee.
Unless earlier terminated as provided in Section 12 (Termination), the license as to any Exceltasks Program licensed on a periodic basis shall continue until the end of the initial license period specified in a License Supplement. If no license period is specified in a License Supplement, the license shall terminate (3) days from receipt of the License Key, at which time the Licensee must return or delete all copies of that Exceltasks Program.
7. Charges and Payment
Exceltasks will provide Licensee trial license free of all charges and fees for the period specified in a License Supplement.
Exceltasks reserves the right to change its prices, including license fees, without notice.
8. Maintenance, Enhancement and Support
Support for the duration of the trial license will be provided at Exceltasks’s sole discretion and may be conditioned upon payment of additional fees.
9. Non-Disclosure
For a period of ten (10) years from the last date that Exceltasks delivers to Licensee any Exceltasks Program or any update or improvement thereto, Licensee shall (i) keep confidential and utilize its best efforts to prevent unauthorized disclosure or use of any Exceltasks Program, and (ii) treat all Exceltasks Programs with the same degree of care as it treats like information of its own which it does not want to be publicly disclosed or the subject of unauthorized access or use, and (iii) not make or permit to be made any more copies of any Exceltasks Program than are necessary for the Licensee’s internal use of that Exceltasks Program at the Designated Computer.
The obligations in this Section shall not extend to any part of any Exceltasks Program which is now or hereafter publicly known by virtue of disclosures not attributable to Licensee, its agents, employees, consultants, contractors, or any other person or entity under similar restriction not to make such disclosures.
10. Warranty
There is no express warranty provided for any license. The Licensee shall evaluate the Exceltasks Programs during the trial period and determine whether to register.
11. Limitation of Liability
Licensee expressly acknowledges that:
a. Exceltasks shall not be liable for loss of profit, loss of business, or other financial loss which may be caused, directly or indirectly, by the inadequacy of any Exceltasks Program for any purpose or use thereof or by any defect or deficiency therein.
b. Exceltasks shall not have any liability with respect to any loss or damage related to or arising from: (i) any failure of any Exceltasks Program to perform as specified herein except as and to the extent otherwise expressly provided herein; or (ii) any use or application of any Exceltasks Program or the results or decisions made or obtained by users of the Exceltasks program.
c. The total of Exceltasks’s liabilities to Licensee for damages, if any, shall not exceed the amounts paid by Licensee under this Software License Agreement during the twelve (12) months preceding the assertion of Licensee’s claim.
d. No action, regardless of form, arising out of any transaction under this Software License Agreement may be brought by Licensee more than one year after the Licensee has, or by the exercise of reasonable diligence should have had, knowledge of the occurrence which gives rise to such action.
12. Termination
Trial/Evaluation Licenses will terminate automatically on the expiration date if not renewed pursuant to the terms of the License as further defined in Section 6 (Duration) above.
a. Exceltasks shall have the right without further obligation or liability to Licensee to terminate this Software License Agreement and Licensee’s license hereunder as to any Exceltasks Program.
b. The following obligations shall survive termination of the Software License Agreement for any reason: (i) Licensee’s obligations under Sections 9 (Non-Disclosure); and (ii) Paragraph (c) of this Section. Termination of this Software License Agreement will not relieve either party of any obligations arising out of this Software License Agreement prior to or upon the date of such termination.
c. Upon the termination of this Software License Agreement as to any Exceltasks Program, the license and all other rights granted to Licensee as to that Exceltasks Program hereunder shall immediately cease, and Licensee shall immediately: (i) return that Exceltasks Program to Exceltasks including all documentation, manuals and copies in respect of that Exceltasks Program; (ii) purge all copies of that Exceltasks Program and any portions thereof from all CPU’s and storage media and devices on which Licensee has placed or allowed others to place that Exceltasks Program; and (iii) upon request provide Exceltasks with written certification that Licensee has complied with its obligations under this Paragraph 12(c).
13. General Provisions
a. Licensee shall not have the right to assign or otherwise transfer its rights or obligations under this Software License Agreement except with the written consent of the other party.
b. This Software License Agreement and any License Supplement shall be governed by and construed in accordance with the laws of England & Wales and the parties agree to submit to the exclusive jurisdiction of the English courts, and shall not be governed by the United Nations Convention on the International Sale of Goods.
c. This Software License Agreement supersedes all proposals, oral or written, and all negotiations, conversations or discussions heretofore had between the parties related to this Software License Agreement. Licensee acknowledges that it has not been induced to enter into this Software License Agreement by any representations or statements, oral or written, not expressly contained herein. The terms and conditions of this Software License Agreement shall prevail, notwithstanding any variance with the terms and conditions of any order or other instrument submitted by Licensee.
d. This Software License Agreement supersedes any and all other Software License Agreements between the parties governing Exceltasks Programs.
e. This Software License Agreement shall not be deemed or construed to be modified, amended, rescinded, cancelled or waived, in whole or in part, except by written amendment signed by the parties hereto.
f. The obligations of Licensee under Sections 4 (Restrictions on Use) and 9 (Non-Disclosure) hereof are of a special and unique character which gives them a peculiar value to Exceltasks for which Exceltasks cannot be reasonably or adequately compensated in damages in the event Licensee breaches such obligations. Therefore Exceltasks shall, in addition to other remedies which may be available, be entitled to injunctive and other equitable relief in the event of the breach or threatened breach of such obligations.
LICENSE SUPPLEMENT
Registration consists of the Licensee accessing the Registration codes from Exceltasks.com upon payment of a registration fee as shown on http://www.Exceltasks.com/register
Registration is valid for 1 designated computer unless otherwise stipulated expressly by Exceltasks on the Exceltasks.com website.
Registration entitles the Licensee to usage of the Exceltasks Programs. Registration entitles the Licensee to the specific version of the Exceltasks Programs on the designated computer for as long as the Licensee wishes, and at all times subject to the terms of this Software License Agreement.
In some instances Exceltasks may offer Registration for free for Individual Users if they share a unique link with friends and family or obtain a discount voucher. Unique links may be obtained through registration on the Exceltasks.com website. The Licensee agrees not to use the links to spam or transmit to anyone other than friends and family who wish to receive such information.
