1. Geoffrey Osborne
and Frank Battye grant a perpetual, non-exclusive licence to the Licensee
to use the ConFlux 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 ConFlux Software, in return for
payment of the then-current fees for the ConFlux Software updates.
3. The Licensee acknowledges that the intellectual property rights in the
ConFlux Software, including any modifications, updates or adaptions,
including copyright, vests with Geoffrey Osborne and Frank Battye.
4. To the full extent permitted by law, except as otherwise expressly set
out in this Agreement, Geoffrey Osborne and Frank Battye make no
warranties or representations in relation to the ConFlux Software. The
Licensee acknowledges that it accesses the ConFlux Software and uses the
ConFlux Software at its own risk. The Licensee acknowledges that Geoffrey
Osborne and Frank Battye have not made and do 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 Geoffrey
Osborne and 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 Geoffrey Osborne and Frank
Battye, arising out of or in connection with the Licensee’s use of the
ConFlux Software or breach of this Agreement. The obligation to indemnify
Geoffrey Osborne and 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.