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END USER TERMS & CONDITIONS AND LICENCE AGREEMENT
PLEASE READ CAREFULLY: THE USE OF SSL’s DUENDE NATIVE SOFTWARE (“SOFTWARE”) IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW (“TERMS & CONDITIONS”). RED LION 49 LIMITED TRADING AS SOLID STATE LOGIC (“SSL”) AND ITS SUPPLIERS RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, OR BY CHOOSING THE “I ACCEPT” OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THESE TERMS & CONDITIONS AND ANY OTHER AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS DISPLAYED, ANY APPLICABLE WARRANTY STATEMENT AND THE TERMS & CONDITIONS. IF YOU ARE ACCEPTING THESE TERMS & CONDITIONS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
IF THE SOFTWARE LICENSED UNDER THESE TERMS & CONDITIONS IS IN BETA FORMAT (“BETA SOFTWARE”) IT IS MADE AVAILABLE TO YOU FOR THE PURPOSE OF ASSESSING THE BETA SOFTWARE’S PERFORMANCE, INCLUDING THE IDENTIFICATION OF ANY ERRORS OR DEFECTS IN THE BETA SOFTWARE. YOU HEREBY ACKNOWLEDGE THAT THE BETA SOFTWARE MAY (AND WILL LIKELY) CONTAIN DEFECTS OR ERRORS AND THAT YOUR USE OF IT IS ENTIRELY AT YOUR OWN RISK. YOU ARE ADVISED TO SAFEGUARD ALL DATA AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA SOFTWARE, INCLUDING ANY MATERIALS OR OTHER ACCOMPANIMENTS TO IT. ALL REFERENCE TO SOFTWARE IN THESE TERMS & CONDITIONS SHALL INCLUDE THE BETA SOFTWARE.
These Terms & Conditions are a legal agreement between you, the licensee, and SSL. Please read the Terms & Conditions carefully before installing the Software.
1. COPY PROTECTION AGREEMENT
The Software includes a copy protection system which examines your computer and gathers unique information to identify it. As part of the product activation process this information is returned to the SSL Online Licence Centre to be used in the generation of a licence that is unique to your computer. The copy protection system uses software developed and used under licence from WIBU-Systems Inc. (‘WIBU’). In order to use the Software you are required to agree to the terms contained in the WIBU software licence (‘WIBU Software Licence’) which is displayed separately for your agreement and can also be found HERE. For the avoidance of doubt if there is any inconsistency between these Terms & Conditions and the WIBU Software Licence these Terms & Conditions will take precedence over the WIBU Software Licence in respect of that inconsistency. By accepting these Terms & Conditions you agree to SSL examining your computer system and holding information about it. If you are unwilling to have your computer profiled in this way you should not install the Software. SSL does not examine any personal data, other software installed or any computer use behaviour. SSL will not share this data with any third parties including WIBU.
2. COPYRIGHT
You agree that the Software contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Software. No portion of the Software may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Software, in any manner, and you shall not exploit the Software in any unauthorised way whatsoever. SSL, and its licensors, reserve the right to change, suspend, remove, or disable access to any Software at any time without notice. In no event will the SSL or its licensors be liable for the removal of or disabling of access to any such Software.
3. LICENCE AND COPY RESTRICTIONS
SSL grants you a non-transferable licence to use the Software on a single user computer, or on a single terminal or workstation of a multi-user computer or local area network, or on multiple computers as determined by your purchase or the terms of your trial. You may not rent, lease, lend, sell, redistribute or sub-licence the Software. You may not copy (except as expressly permitted by this licence), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof. Any attempt to do so is a violation of the rights of SSL and its licensors. SSL reserves its rights should you breach the terms of these Terms & Conditions and any other agreement connected to it including but not limited to the WIBU Software Licence to take such action against you as is necessary to preserve its rights and those of its licensors. The terms of the licence will govern any upgrades provided by SSL that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will be the governing terms.
4. TERMINATION
This licence is effective until terminated. This licence will terminate automatically, without notice from SSL, if you fail to comply with this Agreement. Upon such termination, you must cease all use of the Software and shall destroy all copies of the Software.
5. LIMITED WARRANTY
You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Software and any services performed or provided by the Software ("Services") are provided "as is" and “as available”, with all faults and without warranty of any kind, and SSL hereby disclaims all warranties and conditions with respect to the Software and any Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. SSL does not warrant against interference with your enjoyment of the Software, that the functions contained in, or Services performed or provided by, the Software will meet your requirements, that the operation of the Software or Services will be uninterrupted or error-free, or that defects in the Software or Services will be corrected. No oral or written information or advice given by the application provider or its authorised representative shall create a warranty. Should the Software or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
6. LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event shall SSL be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Software, however caused even if SSL has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall application provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. SEVERANCE
The invalidity, unenforceability or illegality of any provision (or part of a provision) of these Terms & Conditions under the laws of any jurisdiction shall not affect the validity, enforceability or legality of the other provisions.
8. GOVERNING LAW AND JURISDICTION
These Terms & Conditions are governed by the laws of England and Wales and you hereby submit to the exclusive jurisdictions of the courts of England and Wales. Your use of the Software may also be subject to other local, state, national, or international laws.