This Agreement is made between the Licensee and WRc plc ("WRc") as licensor.
"Software Product" means the computer program any third party software packages contained therein and all associated documentation including any parts thereof.
"Licensee" means the person who has accepted the free trial version of the Software Product and accepted these Terms. It does not include any parent, subsidiary or affiliated company or organisation to whom no rights are extended.
“Start Date” means the date on which the Licensee accepted these Terms.
“Terms” means these terms and conditions
2 SCOPE OF LICENCE
2.1 Subject to payment of a consideration of £1 deemed received, WRc hereby grants to the Licensee a non-transferable licence for trial purposes only to:
i) install and use the Software Product on a suitable computer or to download it via electronic means.
ii) transfer the Software Product onto another suitable computer provided that at any one time there is not more than one concurrent user of the Software Product.
iii) use the Software Product for the limited number of occasions stated in the Aardvark quick start guide.
2.2 THE LICENSEE SHALL NOT USE THE SOFTWARE PRODUCT FOR ANY PURPOSE WHATSOEVER OTHER THAN FOR INTERNAL TRIAL PURPOSES ONLY.
3 COPYRIGHT AND RESTRICTIONS
3.1 Copyright and other intellectual property rights in the Software Product and all associated documentation belong to WRc, except for any third party rights in software packages incorporated in the Software Product. The Licensee shall acquire no ownership rights whatsoever in the Software Product or in any parts thereof.
3.2 The Software Product may be used by the Licensee for internal non commercial trial purposes only and may not be transferred, transmitted, distributed, sub-licensed, lent, sold or disseminated to any third party.
3.3 The Licensee shall not in any way duplicate, alter, decompile or otherwise disassemble the Software Product.
4.1 The Licensee shall take all necessary action whether by instruction, agreement or otherwise to restrict control and limit access to the Software Product to those duly authorised under this Agreement.
4.2 All information which is disclosed between WRc and the Licensee relating to the business of either party as a consequence of this Agreement shall be treated as confidential by both parties.
5 LICENSEE SUPPORT AND EQUIPMENT
5.1 Support is not available on trial versions of the Software Product.
6 LIMITATION OF LIABILITY AND WARRANTY
6.1 WRc warrants that it has the right to enter into the Agreement with the Licensee and to supply the Software Product.
6.2 The Licensee acknowledges that the Software Product has not been developed to meet the Licensee’s individual requirements and that it is therefore the Licensee’s responsibility to ensure that the facilities and functions of the Software meet its requirements.
WRc shall not under any circumstances whatever be liable to the Licensee, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this
Licence for loss of profits, sales, business, or revenue; business interruption;loss of anticipated savings;loss or corruption of data or information; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
Other than the losses set out above (for which WRc is not liable) and except as provided below, WRc’s maximum aggregate liability under or in connection with this licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1.00.
Nothing in this licence shall limit or exclude WRc’s liability for: death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by English law.
These Terms sets out the full extent of WRc’s obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on WRcs. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
A Licensee shall not be permitted to bring a claim against WRc in respect of this licence more than 90 days after the Start Date.
The Licensee shall indemnify WRc against all third party claims demands and proceedings in respect of any loss damage or injury of any kind whatsoever and arising out of the Licensees use of the Software Product or caused by the Licensees failure to comply with any term of the Agreement.
8 EXPIRATION AND TERMINATION
8.1 The Agreement will expire automatically one month after the Start Date or if earlier once the Software Product has been used on the number of occasions permitted by WRc.
8.2 WRc shall have the right to terminate this Agreement with immediate effect if the Licensee:
i) breaches any term of this Agreement
ii) becomes subject to bankruptcy or insolvency proceedings
iii) becomes amalgamated with or becomes a subsidiary of any other company or is sold in whole or in part
iv) ceases trading
8.3 On termination the Licensee shall return the Software Product and all software security devices to WRc and shall erase or destroy all copies of the Software Product. WRc's proprietary rights and the parties obligations of confidentiality shall not be affected by termination of the Agreement.
9 FORCE MAJEURE
WRc shall not be responsible for any delay or failure in performance caused by any unforeseen circumstances or any circumstances beyond its control or for failures of equipment, telecommunications facilities or software programs not included in the Software Product.
10 ENTIRE AGREEMENT
10.1 This Agreement constitutes the entire understanding between the parties and supersedes and replaces all previous oral or written communications.
10.2 If any term of the Agreement is found by a court to be invalid or unenforceable, the remaining terms and conditions shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law.
All notices shall be in writing and sent by first class mail to WRc at its registered address or by email or first class post to the Licensee at its registered address or the address notified to WRc.
This Agreement shall be construed as an agreement made in England and subject to English law.
13 THIRD PARTY RIGHTS
Nothing in this Agreement confers or purports to confer on any third party any benefit or right to enforce any term of this Agreement and the application of the Contracts (Right of Third Parties) Act 1999 is hereby excluded.
Double click on Set-up application to launch the installation and refer to the Quickstart Guide for Instructions.