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TERMS AND CONDITIONS: Permitted Number of Computers: 1 Skylark Technology Limited Electronic End User Licence Agreement UK version (England, Scotland, Wales and Northern Ireland) NOTICE TO USER: THIS IS A CONTRACT BETWEEN YOU AND SKYLARK TECHNOLOGY LIMITED ("STL"), A COMPANY INCORPORATED UNDER UK LAW. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Skylark Technology Limited End User Licence Agreement accompanies an STL software product ("Software") and related explanatory materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by STL. You must read this Agreement carefully before indicating your acceptance at the end of the text of this Agreement. If you do not agree with the terms and conditions of this Agreement, decline where instructed, and you will not be able to use the Software. You should then return this Software, together with all the packaging, to STL or the location where you obtained it. This is a licence agreement and not an agreement for sale. STL continues to own the copy of the Software and the physical media contained in this package and any other copy that you are authorised to make pursuant to this Agreement. STL grants to you a non-exclusive licence to use the Software and Documentation, provided that you agree to the following: 1. Use of the Software. 1.1. You may install the Software in a single location on a hard disk or other storage device of up to the number of computers indicated in the upper left hand corner ("Permitted Number of Computers") of this Agreement. 1.2. Provided the Software is configured for network use, you may install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than 15 computers ever using the Software at the same time, but the Software will be used on 25 different computers at various times, the Permitted Number of Computers for which you need a licence is 25. 1.3. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. 2. Transfer. Provided that you verify that you are handling the original freeware version you are hereby licensed to make as many copies of the Freeware version of this Software and documentation as you wish for your personal non profit use. Distributing by any means, charging, or requesting donations for any such copies and distributing the Software and/or documentation with other products (commercial or otherwise) without prior written permission is prohibited, however made. 3. Copyright. The Software is the intellectual property of STL and its suppliers and is protected by United Kingdom copyright law, international treaty provisions, and applicable laws of the country in which it is being used. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of STL and its suppliers. Therefore you must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Except for font software converted to other formats as permitted in the "Use of the Software" section, you agree not to modify, adapt or translate the Software except as expressly permitted under the Council Directive of 14 May 1991 on the Legal Protection of Computer Programs ("the Directive"). You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except as expressly permitted under the Directive. For the avoidance of doubt, in the event of any inconsistency between the Directive and any UK legislation the terms of the Directive shall prevail. Please note that you may not decompile the Software unless it is essential to do so in order to achieve operability of the Software with another software program and you have first requested STL to provide the information necessary to achieve such operability. STL has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by STL or obtained by you, as permitted hereunder, may only be used by you for the purpose stated in the Directive and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to info@skylarktechnology.com. 4. Limited Warranty and Disclaimer of Warranty STL EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED, OR NONINFRINGEMENT. THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. 5. Liability In no event shall STL or its agents or its suppliers be liable to you for any consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this SOFTWARE EVEN IF the Programmer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The entire risk arising out of use or performance of the SOFTWARE remains with you. Because of the various hardware and software environments into which the Software may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. The liability of STL for actual damages from any cause whatsoever, and regardless of the form of action (whether in contract, tort (including negligence), product liability or otherwise) WILL BE LIMITED TO NOTHING. 6. Governing Law and General Provisions. This license will be governed and construed in accordance with English law, and any dispute arising under this agreement or in connection with the SOFTWARE shall be submitted to the exclusive jurisdiction of the English courts, save where STL otherwise agrees. No variation, amendment of or addition to this license shall be effective unless STL’s prior agreement in writing has been obtained. This is the entire agreement between STL and you relating to the Software and the Documentation and it supersedes any prior representations, discussions, undertakings. end user licence agreements, communications or advertising relating to the Software and the Documentation. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified in writing signed by an authorised officer of STL. PLEASE INDICATE YOUR ACCEPTANCE OR DECLINE OF THE FOREGOING AGREEMENT BY CLICKING ON THE APPROPRIATE BUTTON BELOW. TO RUN THE SOFTWARE YOU MUST ACCEPT THIS AGREEMENT.
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