Easy Price Pro Standard End-User Licence Agreement
WE OWN OR HAVE THE RIGHTS TO THE COPYRIGHT, TRADEMARK, TRADE NAMES, PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS SUBSISTING IN OR USED IN CONNECTION WITH THE SOFTWARE INCLUDING ALL DOCUMENTATION AND MANUALS AND ALL OTHER COPIES WHICH YOU ARE AUTHORISED TO MAKE BY THIS AGREEMENT (THE “SOFTWARE”). IT IS UNLAWFUL TO LOAD THE SOFTWARE INTO A COMPUTER WITHOUT OUR LICENCE. THESE ARE THE TERMS AND CONDITIONS UPON WHICH YOUR ORDER HAS BEEN ACCEPTED BY US. PLEASE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE PROCEEDING WITH INSTALLATION OF THE SOFTWARE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT PROCEED WITH THE FULL ACTIVATION OF THE SOFTWARE. IN SUCH CASE YOU SHOULD, WITHIN 14 DAYS OF RECEIPT, RETURN THE DISC PACKAGE AND ALL ACCOMPANYING ITEMS TO US OR YOUR SUPPLIER WITH PROOF OF PURCHASE FOR A FULL REFUND. THE SOFTWARE IS AUTOMATICALLY ACTIVATED FOR 7 DAYS FROM THE DATE OF INSTALLATION. BY FULLY ACTIVATING THE SOFTWARE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.
In this Agreement, the capitalised term “Software” refers to the software identified above, any updates to the software, the User Guide, and any “online” or electronic documentation provided in conjunction with the Software.
GRANT OF LICENCE
In consideration of your agreement to the terms of this Licence Agreement, we grant you a perpetual, non-exclusive right to use the Software in accordance with clause 2 below. This licence is personal to you as the purchaser of the Software and is for your benefit only.
2. PERMITTED USE
- 2.1 Full Version(s). If you have purchased the full version(s), you may, in accordance with the terms and conditions set out in this Agreement:
- 2.1.1. load the Software into and use it on that number of computers for which you have purchased a separate licence. If the Software is installed on a network server or other storage device, you must purchase a licence for each separate computer on which the Software is used;
- 2.1.2. if you are the primary user of a computer for which a licence has been purchased, you may use the Software on your desktop or portable computer;
- 2.1.3. make one copy of the Software for backup or archival purposes. Otherwise, you may not copy the Software in whole or in part;
- 2.1.4. subject always to clause 14, permanently transfer all of your rights under this licence provided you transfer all copies of the Software and the recipient agrees to the terms of this licence. On such a permanent transfer, the licence of the Software to you will automatically terminate; and
- 2.1.5. receive any new versions that are released within the agreed entitlement from the date of purchase (via automatic downloads from within the program or download links provided by Easy Price Pro) and also any minor updates of the Software that are released.
- 2.2 Leasing. You will be entitled to upgrades and support during your entire leasing plan.
3. RESTRICTIONS ON USE
You may not nor permit others to:
- 3.1. share the licence by alternating use of the Software between different computers;
- 3.2. load the Software into two or more computers at the same time (unless separate licences have been purchased for such computers). If you wish to transfer the Software from one computer to another, you must erase the Software from the first hard drive before you install it onto a second hard drive;
- 3.3. sub-license, assign, rent, lease or transfer the licence or the Software or make or distribute copies of the Software except as permitted in this licence Agreement;
- 3.4. translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software except as permitted by law;
- 3.5. make copies of the Software, in whole or part, except for back-up or archival purposes as permitted by this licence Agreement;
- 3.6. use any back-up copy of the Software for any purpose other than to replace the original copy in the event that it is destroyed or becomes defective;
- 3.7. copy the written materials (except as provided by this licence Agreement) accompanying the Software; or
- 3.8. vary, delete or obscure any notices of copyright, trademark, or any proprietary rights or any product identification or restrictions on or in the Software
You undertake to:
- 4.1. ensure that, prior to use of the Software by your employees or agents, all such parties are notified of this licence and the terms of this Agreement;
- 4.2. reproduce and include our copyright notice on all and any copies (without prejudice to limitations on the number of copies as set out in this Agreement) of the Software, including any partial copies of the Software; and 4.3. hold all drawings, specifications, data (including object and source codes), software listings and all other information relating to the Software, confidential and not at any time, during this licence or after its expiry, disclose the same, whether directly or indirectly, to any third party without our consent.
You have the opportunity to fully evaluate the Software for 7 days from the installation date, you can also thoroughly evaluate the Software with a consultant. Except as provided in the Warning at the top of this Licence Agreement or at clause 8 below, no refunds will be given for any reason.
6. SUPPORT SERVICES
Easy Price Pro will provide you with support services related to the Software. Use of support services is governed by online documentation and other Easy Price Pro materials, as they may be modified from time to time. Subject to complying with all relevant Data Protection legislation Easy Price Pro may use any information you provide as part of obtaining support services for its business purposes, including product support and development. Easy Price Pro reserves the right to decline technical support assistance if your support subscription has expired – additional upgrade/support packages can be purchased in this instance.
You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this licence and that Easy Price Pro retains all other rights as set out in further detail in the Warning section. The Software is protected by United Kingdom copyright law and international treaty provision.
Subject to clause 8.2, we warrant that for a period of 30 days from the date of your receipt of the Software (the “Warranty Period”):
- 8.1. The medium on which the Software is recorded will be free from defects in materials and workmanship under normal use. If the diskette fails to confirm to this warranty you may as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective diskette to us or to your supplier during the warranty period with a dated proof of purchase.
- 8.2. The copy of the Software in this package will materially conform to the documentation that accompanies the Software. If the Software fails to operate in accordance with this warranty within the Warranty Period you may as your sole and exclusive remedy return all of the Software and the documentation to us or to your supplier during the Warranty Period along with dated proof of purchase, specifying the problem, and we will provide you either with replacement copies of the Software, a full refund or offer to fix any issues that may have occurred (at our option).
- 8.3. We shall not be liable under the warranties given in clause 8.1 above if the disc or the Software fails to operate in accordance with the said warranty as a result of any modification, variation or addition to the Software not performed by us or caused by any abuse, corruption or incorrect use of the disc or Software, including but not limited to use of the Software with equipment or other software which is incompatible.
- 9.1. We do not warrant that this Software will meet your requirements or that its operation will be uninterrupted or free from errors or omissions. We exclude and expressly disclaim all express and implied warranties or conditions not stated in this Licence Agreement, so far as such exclusion is permitted under the applicable law.
- 9.2. The software is supplied to you on an “as is” basis and has not been supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to entering this License Agreement that the Software will meet your requirements and be compatible with your hardware/software configuration as displayed on the packaging, online documentation and other Easy Price Pro materials. We cannot guarantee your version of the Software will be compatible with all future versions of Microsoft® Windows™ or Excel™ and will not modify your version to make it compatible. We develop new versions to maintain compatibility with the latest Microsoft® Windows™ and Excel™ versions, where practically possible, and you have the opportunity to purchase upgrades as and when available.
- 9.3. In relation only to the ‘Health & Safety’ Software, compliance with health & safety legislation and regulations is entirely your responsibility and we take no responsibility whatsoever for the same. In relation to the ‘Easy Builders Contract’ Software, compliance with consumer legislation and regulations is also your responsibility and we take no responsibility whatsoever for the same. You must ensure that the resulting documentation/notices fully comply with current legislation and regulations. Accordingly, no failure of any part of the Health & Safety Software or the Easy Builders Contract Software will give rise to any claim against us. For the avoidance of doubt, we are not (and do not purport to be) health and safety or legal advisors.
- 9.4. Easy Price Pro can only provide technical support on EPP Software when the user has a technical support subscription in place and cannot provide support for your machine or other software (e.g. Microsoft® Windows™ and Excel™).
- 9.5. Easy Price Pro will provide you with activation codes for your software once installed, activations are required yearly for security purposes.
10. LIMITATION OF LIABILITY
- 10.1. Easy Price Pro is not liable for any losses, monetary or otherwise.
- 10.2. Easy Price Pro is not liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the Software, even if Easy Price Pro has been advised of the possibility of such damages. In particular, we accept no liability for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.
- 10.3. Nothing in this Agreement limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence.
- 10.4. You acknowledge and agree that the limitations contained in this clause 10 are reasonable in the light of all the circumstances.
- 11.1. This Agreement and the licence granted to use the Software automatically terminates if you:
- 11.1.1. fail to comply with its terms and conditions;
- 11.1.2. destroy the copies of the Software in your possession; or
- 11.1.3. voluntarily return the Software to us.
- 11.2. In the event of termination in accordance with clause 11.1, you must destroy or delete all copies of the Software from all storage media in your control. The termination of this licence is without prejudice to Easy Price Pro’s other rights and remedies it may have by law.
In the event that any provision of this Agreement shall be prohibited by or adjudged by a court to be unlawful void or unenforceable the same shall to the extent required be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement and shall in no way affect any other circumstances or the validity or enforceability hereof.
13. ENTIRE AGREEMENT
You acknowledge that you have read and understood this Agreement. You agree that this Agreement constitutes the full and complete understanding in relation to the Software and supersedes all prior agreements and understanding appertaining thereto whether oral or written. The clause headings are for convenience only.
This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without our prior written consent.
15. LAW AND DISPUTE
This Agreement shall be construed in accordance with and governed by the laws of England and Wales whose courts shall be the courts of exclusive jurisdiction.
Orders are dispatched the same day by either electronic download sent via email or Royal Mail First Class post (excluding weekends and bank holidays). Alternatively, if paying by cheque, orders are dispatched by Royal Mail First Class post within 3 working days of clearance of transaction, (usually within 7-10 days of order being placed). If the Software is leased, the order is dispatched by Royal Mail First Class post within 3 days of the leasing company’s confirmation to Easy Price Pro of receipt of the customer’s completed bank details form.
Easy Price Pro reserves the right to change these terms and conditions. It is up to the user to check the T&Cs on a regular basis. Changes to these terms and conditions will be effective after they’ve been updated on the company website.