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Solid 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.

3. ‘Virtual 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 an ‘Instance’.

(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.

8. ‘Application’ 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.

10. ‘Installation 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.

Scope

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;

(A) updates,

(B) supplements,

(C) Internet-based services, and;

(D) support services

for this software, unless other terms accompany those items. If so, those terms apply.

Application

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 ACQUIRE.

Overview

15. Software Model.

(A) An application may include either of two classes of functionality, and one class of supporting information;

i) Functionality which may only be used under the terms of this agreement, but without explicit reference to a purchased licence key.

ii) Functionality 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.

16. Licence Model.

(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;

i) Standard Licence key;

ii) Professional Licence Key;

iii) Network Server Licence Key;

iv) Network Client Licence Key;

Installation Disk

17. Solid Fluid retains the copyright, title and ownership of the software and the supporting information.

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 limitation;

(C) make more copies of the installation disk, or any part thereof, than specified in this agreement or allowed by applicable law, despite this limitation;

(D) publish the software for others to copy;

(E) rent, lease or lend the software.

20. The installation disk may contain third party software. The licence terms with that software apply to your use of them.

Installation Rights

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.

Usage Rights

22. Your usage rights depend on the necessity and type of licence key used with the software and supporting information.

23. The 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 application;

(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 Key.

(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 available.

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.

Internet-Based Services

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.

Licence Keys

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.

Backup Copy

31. You may make one backup copy of the software. You may use it only to reinstall the software.

Support Services

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.

Export Restrictions

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 use.

Entire Agreement

36. This 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.

Applicable Law

37. United 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.

Legal Effect

39. This 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 do so.

Limitation 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 damages.

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.

Limited Warranty

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 NONINFRINGEMENT.

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.

Copyright © Solid Fluid 2007-2018
Last modified: SolFlu  Thu, 06 Aug 2009 11:23:31 GMT