1. Frank Battye
grants a perpetual, non-exclusive licence to the Licensee to use the ACluE
Software. This licence is personal to the Licensee and must not be
assigned, transferred or sub-licensed.
2. From time to time, the Licensee will be given an option to purchase
updates or modified versions of the Software, in return for payment of the
then-current fees for the ACluE
Software updates.
3. The Licensee acknowledges that the intellectual property rights in the
ACluE Software, including any modifications, updates or adaptions,
including copyright, vests with Frank Battye.
4. To the full extent permitted by law, except as otherwise expressly set
out in this Agreement, Frank Battye makes no warranties or representations
in relation to the ACluE
Software. The Licensee acknowledges that it accesses the ACluE
Software and uses the ACluE
Software at its own risk. The Licensee acknowledges that Frank
Battye has not made and does not make any warranty or representation
whatsoever as to (a) any attributes or characteristics of the software;
(b) whether the Software will perform (i) any purpose or use or any
particular purpose or particular use; or (ii) any particular
functionality; (c) the merchantable quality of the Software; (d) whether
or not the Software or any part of the Software does not infringe any
third party’s intellectual property rights; and (e) whether or not the
Software (i) will be error free; (ii) will be free of viruses, faults,
defects or deficiencies; or (iii) will be useable without interruption,
and in all such respects, the Licensee warrants that in entering into this
Agreement it relies upon its own due diligence, skill and judgement.
5. The Licensee indemnifies and shall continue to indemnify Frank Battye
from and against all actions, claims, proceedings or demands (including
those brought by third parties) and all loss, death, injury, illness or
damage (whether personal or property, and whether special, direct,
indirect or consequential, including consequential financial loss, loss of
profits, damage to reputation or goodwill, business interruption, loss of
data and loss of opportunity, and any liability to pay legal costs and
expenses on a solicitor/own client basis) which may be brought against or
suffered by Frank Battye, arising out of or in connection with the
Licensee’s use of the ACluE
Software or breach of this Agreement. The obligation to indemnify
Frank Battye is a continuing obligation separate and independent of other
obligations, and shall survive the expiration or termination of this
Agreement.
BY SUBMITTING YOUR APPLICATION THROUGH THE CHECKOUT, YOU ARE INDICATING
YOU HAVE READ, ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS. IF THE
LICENSEE DOES NOT WISH TO AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO
NOT COMPLETE THE ORDER.