ACluE Trial Download: Terms and Conditions

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 and judgement.

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.