Software License AgreementThe licensor is Grange-Over-Sands Consultancy, whilst the licensee is the name of the organisation that purchases a license. 1. This is an agreement between Licensor and Licensee, who is being licensed to use dProjectOffice Software. 2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software. 3. This License permits Licensee to install the Software on one computer system, in one instance of the CMS Drupal. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only. 4. This Software is subject to a limited warranty. Licensor warrants to Licensee that the Software will perform according to its website documentation, and to the best of Licensor's knowledge Licensee's use of this Software according to the website documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of one year after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to one year after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights. 5. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: Licensee will endeavour to fix the areas in which the Limited Warranty are breached at the earliest possible opportunity. The fix will be posted on the Licensor's website for the Licensee to download. Under no circumstance will the Licensor refund any money paid by the Licensee regardless of the extent of the breach. 6. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply. 7. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations. 8. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee. 9. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. 10. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software. 11. This License Agreement is governed by the law of United Kingdom and other territories. 12. This License Agreement is valid without Licensor's signature. It becomes effective upon the downloading of the software from the Licensor's website. 13. This License is valid for a period of one year from the date of purchase of the License. After such a period as passed, the Licensee must either remove completely the software from its machines, or pay additional license fees for a further one year period. 14. Derivative products may not be developed from the software. The software is provided in source code form, allowing customisation of the code for the Licensee's locale, but this customised code may not be sold, lent, or passed on to any third party. 15. Should the software be customised to such a extent there is no original Licensor source code left in the software, the Licensee will still be liable to pay annual renewal fees or remove completely the product from their computers. 16. Customisation of the source code must not extend to removing the copyright notices from the software, removing the links back to the product's home website, or deliberately changing background and foreground colours to obscure such text and links, or retitling, or passing off the software as another product. |
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