1. Frank Battye
grants a limited term, 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. The Licensee acknowledges that the intellectual property rights in the
ACluE Software, including any modifications, updates or adaptions,
including copyright, vests with Frank Battye.
3. 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
4. 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 COMPLETING THE DOWNLOAD OF THE SOFTWARE, 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 DOWNLOAD.