Fluid (System Solutions) Limited
Software Licence Agreement
Generic Application End User Licence Agreement
Definitions and Terms
1. For the
purposes of this document “Solid Fluid (System Solutions) Limited” shall be
hereafter known as “Solid Fluid”.
2. ‘Real Person’ in the context of this document
means a normal human person.
Person’ in the context of this document means a computer program capable of interacting
in any way with an instance of software to which this licence agreement applies.
4. ‘Operator” in
the context of this document means the real or virtual person that interacts
with any instance of software to which this licence applies.
5. ‘Instance’ in
the context of this document means a single example of software to which this
licence applies, where it is wholly or partly loaded in memory.
(A) Where the instance is executable it may be executing or in a state of
suspension, but whenever it is loaded in memory, as a process on any computer,
with or without direct or indirect interaction from an operator, it is known as
(B) The term ‘Instance’ also describes any data to which the licence
applies, where it loaded in memory via any viewer, even if the licence does not
apply to the viewer software.
6. ‘User’ in the
context of this document means an operator who has no regard to, or visibility
of, any other operator who may be using a different instance of the same
software concurrently. A user has his own exclusive licence key, and it allows
him to use the licence software under the terms of the licence as he chooses.
7. ‘Seat’ in the
context of this document means an operator who has clear regard for, and
visibility of, other operators within the scope of the network licence that
applies to different instances of the software he is currently using. A seat
shares its licence key with other operators, who may be prevented from using
their instance of the software if all of the available seats are in use.
in the context of this document means a functional group of information that
may exhibit any useful behaviour when used by an operator. In general, an
application is the unit result of all operations invoked as a result of an installation
action. Where two applications interact as instances they are separate
applications even if the instances are identical.
9. ‘Software’ in
the context of this document means all files, executable programs or installer
programs sourced as a single unit from Solid Fluid.
Disk’ in the context of this document means the physical media on which the software
was received, if any. The term inherently includes the software in its scope,
even if the physical media is not present.
11. These license
terms are an agreement between Solid Fluid and you. Please read them. They
apply to the software named above, which includes the media on which you
received it, if any. The terms also apply to any Solid Fluid;
(C) Internet-based services, and;
(D) support services
for this software, unless other terms accompany those
items. If so, those terms apply.
12. BY USING THE
SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE
SOFTWARE. See http://www.solidfluid.co.uk/sfsite.php/Terms?groupname=Conditions of Sale.
13. AS DESCRIBED
BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF
CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
14. IF YOU COMPLY
WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU
(A) An application may include either of two classes of functionality, and
one class of supporting information;
which may only be used under the terms of this agreement, but without explicit
reference to a purchased licence key.
which may only be used under the terms of this agreement and with explicit
reference by the software to a purchased licence key, and;
iii) Supporting information which may only be used under the terms of this
agreement, but without explicit reference to a licence key.
(A) The software is licensed for redistribution, duplication and modification
at the level of the installation disk and these terms apply down to the level
of every binary digit within the scope of the installation disk, including
encoded and decoded versions of any encrypted or compressed files.
(B) The software is licensed for installation at the Application Level.
(C) The software is licensed for use on a per instance basis where explicit
reference to a purchased licence key is not required.
(D) Where software can only be used in conjunction a licence key the
software may be licensed on a per seat, a per user or a per instance basis. The
following key types are available;
iii) Network Server Licence Key;
Client Licence Key;
17. Solid Fluid
retains the copyright, title and ownership of the software and the supporting
18. The software
is licensed, not sold. This agreement only gives you some rights to use the
software. Solid Fluid reserves all other rights. Unless applicable law gives
you more rights despite this limitation, you may use the software only as
expressly permitted in this agreement. In doing so, you must comply with any
technical limitations in the software that only allow you to use it in certain
ways. For more information, see http://www.solidfluid.co.uk/sfsite.php/Terms?groupname=Conditions of Sale.
19. You may not;
(A) work around any technical limitations in the software;
(B) reverse engineer, decompile or disassemble the software, except and
only to the extent that applicable law expressly permits, despite this
(C) make more copies of the installation disk, or any part thereof, than
specified in this agreement or allowed by applicable law, despite this
(D) publish the software for others to copy;
(E) rent, lease or lend the software.
installation disk may contain third party software. The licence terms with that
software apply to your use of them.
21. You may
install as many examples of an application licensed under this agreement as you
wish from a single installation disk, provided that you intend to obtain a
licence key for use with each example that application.
22. Your usage
rights depend on the necessity and type of licence key used with the software
and supporting information.
application supporting information does not generally require a licence key,
and you are free to read this information as you wish.
24. Where the
application functionality does not require a licence key you are free to use
the software for the purpose it was designed.
25. Where the
application functionality requires explicit reference to a licence key; you are
free to use the software for the purpose it was designed at any time whilst
there is a valid licence key available.
26. The validity
of a licence key is determined by it’s type, status, and association with the
(A) A Standard Licence Key grants permission to use particular features of an
individual example of an application type with which it is associated, from a
start date to an end date. A Standard Licence Key is only valid for a single
instance of software on a specific machine, for a fixed period of time.
(B) A Professional Licence Key grants permission to use particular features
of an application type with which it is associated, from a start date to an end
date. A Professional Licence Key is only valid for a single user, on any
machine for a fixed period of time.
(C) A Network Server Licence Key grants permission to use any features that
any Network Client Licence Key of an application type allows, up to a fixed
limit of concurrent users, for a given time period. A Network Server Licence Key
is valid for a fixed multiple of users that can see the licence server whilst
there are unused licences available, for a given time period. The Network
Server Licence Key must be used in conjunction with a Network Client Licence
(D) A Network Client Licence Key grants permission to use particular
features of an application type whenever a given Network Server Licence is
available. A Network Client Licence Key is always valid when a Network Server
is visible and has a valid licence associated with the application type
27. In some cases
the software requires that a valid licence key is available for explicit
reference by the software. Where the licence key expires, is otherwise invalid
or made invalid by tampering, then the software will not run. You will receive
notice prior to expiry of the licence (where practical) but not in every
invalid case. In the circumstance that the licence is invalid, you may not be
able to access data that you use with the software.
28. Solid Fluid
provides Internet-based services with the software. It may change or cancel
them at any time.
29. Consent for
Internet-Based Services. The software features described below connect to Solid
Fluid or service provider computer systems over the Internet. In some cases,
you will not receive a separate notice when they connect. BY USING THESE
FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Solid Fluid does
not use the information to identify or contact you.
(A) Computer Information. The following features use Internet protocols,
which send to the appropriate systems computer information, such as your
Internet protocol address, the type of operating system, browser and name and
version of the software you are using, and the language code of the device
where you installed the software. Solid Fluid uses this information to make the
Internet-based services available to you.
(B) Web Content Features. Features in the software can retrieve related
content from Solid Fluid and provide it to you. To provide the content, these
features send to Solid Fluid the type of operating system, name and version of
the software you are using, type of browser and language code of the device
where you installed the software. Examples of these features are clip art,
templates, online training, online assistance and Application Help. You may
choose not to use these web content features.
(C) Misuse of Internet-based Services. You may not use these services in
any way that could harm them or impair anyone else’s use of them. You may not
use the services to try to gain unauthorized access to any service, data,
account or network by any means.
30. The software may
require a key to allow use. You are responsible for the use of keys assigned to
you. You should not share the keys with third parties.
31. You may make
one backup copy of the software. You may use it only to reinstall the software.
32. Solid Fluid
provides support services for the software as described at http://www.solidfluid.co.uk/sfsite.php/Software/GenHelp
Transfer to a Third Party
33. The first
user of the software may transfer it, and this agreement, directly to a third
party. Before the transfer, that party must agree that this agreement applies
to the transfer and use of the software. The first user must uninstall the
software before transferring it separately from the device. The first user may
not retain any copies.
34. In cases
where a Standard or Network Server Licence key is used to enable the software
transfer of the software may invalidate the Licence key. It is necessary for
both parties in the transfer to notify Solid Fluid of the transfer, before a
new Licence Key can be created.
35. The software
is subject to United Kingdom export laws and regulations. You must comply with
all domestic and international export laws and regulations that apply to the
software. These laws include restrictions on destinations, end users and end
agreement (including the warranty below), and the terms for supplements,
updates, Internet-based services and support services that you use, are the
entire agreement for the software and support services.
Kingdom. If you acquired the software in the United Kingdom then United Kingdom
law governs the interpretation of this agreement and applies to claims for
breach of it, regardless of conflict of laws principles.
38. Outside the
United Kingdom. If you acquired the software in any other country, the laws of
that country apply.
agreement describes certain legal rights. You may have other rights under the
laws of your country. You may also have rights with respect to the party from
whom you acquired the software. This agreement does not change your rights
under the laws of your country if the laws of your country do not permit it to
on and Exclusion of Damages
40. YOU CAN
RECOVER FROM SOLID FLUID ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE
SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST
PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to;
(A) anything related to the software, services, content (including code) on
third party Internet sites, or third party programs; and
(B) claims for breach of contract, breach of warranty, guarantee or
condition, strict liability, negligence, or other tort to the extent permitted
by applicable law.
It also applies even if;
(C) repair, replacement or a refund for the software does not fully
compensate you for any losses; or
(D) Solid Fluid knew or should have known about the possibility of the
41. Some jurisdictions
do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you. They also
may not apply to you because your country may not allow the exclusion or
limitation of incidental, consequential or other damages.
42. Solid Fluid
warrants the media on which the Software is furnished to be free of defects in
material and workmanship, under normal use, for a period of ninety days
following the date of delivery to you. In the event of defects, Solid Fluid's
sole liability shall be to;
(A) replace the defective media, or;
(B) refund the purchase price, at Solid Fluid‘s option.
You must return the Software to Solid Fluid or an
authorised dealer with your dated invoice during the 90-day warranty period in
order to receive a refund or replacement.
43. DISCLAIMER OF WARRANTIES. SOLID FLUID DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
44. OTHER WARRANTIES
EXCLUDED. SOLID FLUID SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM ANY CAUSE
EVEN IF SOLID FLUID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF INCIDENTAL
DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
45. IN NO EVENT
WILL SOLID FLUID BE LIABLE FOR ANY AMOUNT GREATER THAN WHAT YOU ACTUALLY PAID
FOR THE SOFTWARE. Should any other warranties be found to exist, such
warranties shall be limited in duration to ninety days following the date you
receive the software.