Ability Software International Ltd

End User License Agreement

LICENSE AGREEMENT. The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.

Ability Software International Ltd. (ASI) provides the enclosed computer program suite (The “Program”) and licenses its use only on the following terms and conditions. By using the software contained in this package you agree to be bound by the terms of this non-exclusive license. If you do not agree to the terms of this license, please return the unused software and all packaging and accompanying material, along with your receipt, to your point of acquisition within 30 days for a full refund – or follow the ‘Returns Procedure’ provided by the supplying software dealership or online store.

1. COPYRIGHT

The Program and its related documentation are copyrighted. You may not copy or otherwise reproduce any part or all of the Program or its documentation, except as expressly authorized in this Agreement. You may load the Program into a computer as an essential step in executing the Program on the computer.

2. USE OF LICENSE

You may use the Program only on the number of designated computers stipulated on the product owned or operated by you for your own commercial, business or personal purposes. You may transfer the Program from one computer to another which you own or operate. Provided that you do not use or permit the use of the Program on more than one computer at a time no additional licenses will be required. This Program is only Licensed to you with a use license limited to the number of computers stipulated on the product.

3. COPIES, MODIFICATIONS OR MERGER

You may not copy or modify all or any portion of the Program or related documentation or merge it into another program, unless expressly authorized in writing by ASI. Any portion of the Program that is merged into another program will continue to be subject to the terms and conditions of this Agreement. You must, as a condition of the license, reproduce and include the identifying marks, copyright and proprietary notices on any copy, modification or merged portion of the Program. Copies shall include, without limitations, any complete or partial duplication on any media, adaptations, translations, compilations, partial copies within modifications, mergers with other materials from whatever source, and updated works. If you copy, modify or merge any portion of the Program other than with ASI’s express written authorization or if you transfer possession of any copy, modification, or merged portion of the Program to another party, your License is automatically terminated. You may make one machine readable copy of the Program for backup purposes in support of your use of the Program pursuant to this Agreement.

4. TERM

The License granted in this Agreement is effective until terminated and/or renewed. You may terminate it at any time by destroying the Program and documentation together with all copies, modifications and merged portions. The License granted in this Agreement will also terminate if you fail to comply with any other terms and conditions of this Agreement and/or fail to renew it timeously.

5. PROHIBITION AGAINST REVERSE ENGINEERING

You agree not to “reverse engineer”, decompile or disassemble the Program or otherwise reduce it to a human perceivable form, or any portion of it, or to permit such reverse engineering, decompilation or disassembly.

6. LIMITED WARRANTY

ASI reserve the right to make improvements in the product described in the Help files at any time without notice. ASI makes no warranties expressed or implied, with respect to this manufactured material, its quality, merchantability or fitness for any particular purpose. ASI does not warrant that the Software will meet your requirements or that its operation will be error free. ASI does not warrant or make any representations regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability or otherwise. ASI’s maximum liability, under any circumstance, is limited to the license fee paid for the right to use the Software.

7. LIMITATION OF REMEDIES

Your exclusive remedy and ASI’s entire liability shall be to repair, replace or refund license fees as set forth above. In no event will ASI be liable to you for any damages, including without limitation any lost profits, lost savings or other incidental or consequential damages arising out of your use or inability to use the Program or the breach of any express or implied warranty even if ASI has been advised of the possibility of such damages. This limitation and exclusion applies irrespective of the cause of action, including but not limited to breach of contract, negligence, strict liability, tort or any other legal theory and shall survive fundamental breach. Some jurisdictions do not allow limitation or exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In that event any implied warranties are limited in duration to 90 days from the date of purchase of the license.

In no case shall ASI’s liability exceed the License Fees paid for the right to use the Program.

8. GENERAL

You may not sub license, re-sell, assign or transfer the License or the Program. Any attempt to do so shall void the License.

9. SEPARATION OF PARTS OF THE SUITE

Ability Office is licensed as a single product. Its component parts may not be separated for use on more than one computer.

10. ACKNOWLEDGEMENT

You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between you and ASI and supersedes any proposal or prior agreement or any other communications between ASI and you relating to the use of the Program. If any provision of this Agreement is unenforceable, all other provisions will remain in effect. This Agreement shall be governed by the laws of England and Wales, the courts of which shall have exclusive jurisdiction.

11. CONTACTING ASI

If you have any questions regarding this Agreement, you may contact ASI as follows:

info@ability.com
http://www.ability.com/

If you wish to write to ASI use the above contact information to request an address for your correspondence.

12. STATUTE OF LIMITATIONS

No action for any breach of this warranty may be commenced more than one year following the expiration of the warranty period.