DevZeroG PrintSure free online PDF pre-flighting 5.3


EULA - End User License Agreement



USER LICENCE AGREEMENT
THIS LICENCE AGREEMENT is made BETWEEN:
(1) DEV ZERO G LIMITED (registered number: 3762838) whose registered office is at 19 Raleigh Court, Clarence Mews, London SE16 5GB, United Kingdom ("Dev Zero G"); and
(2) Any person, partnership, company or entity who uses the Program (as defined below) ("the Customer").
IT IS AGREED AS FOLLOWS:
1. NATURE OF THIS LICENCE AGREEMENT
1.1 YOU MAY OBTAIN A COPY OF THIS PROGRAM EITHER BY DOWNLOADING IT REMOTELY FROM OUR SERVER OR BY COPYING IT FROM AN AUTHORISED DISKETTE, CD ROM OR OTHER MEDIA. THE COPYRIGHT, DATABASE RIGHTS AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAM AND DATA WHICH CONSTITUTE THE PROGRAM MATERIALS, TOGETHER WITH THE MEDIA, ARE AND REMAIN THE PROPERTY OF DEV ZERO G. YOU ARE LICENSED TO USE THEM ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW.
1.2 BY CLICKING ON THE ACCEPTANCE BUTTON WHICH FOLLOWS THIS LICENCE AGREEMENT (MARKED DO YOU ACCEPT THESE TERMS AND CONDITIONS?), YOU INDICATE ACCEPTANCE OF THIS LICENCE AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS LICENCE AGREEMENT. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT.
1.3 YOU SHOULD THEREFORE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE CLICKING ON THE ACCEPTANCE BUTTON. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE REJECT BUTTON, DELETE THE MATERIALS FROM YOUR COMPUTER AND PROMPTLY (AND IN ANY EVENT, WITHIN 14 DAYS OF RECEIPT) RETURN TO DEV ZERO G OR A LICENSED RESELLER: (A) THE PROGRAM MATERIALS; (B) ANY OTHER ITEMS PROVIDED THAT ARE PART OF THIS PROGRAM; AND (C) YOUR DATED PROOF OF PURCHASE. ANY MONEY YOU PAID TO DEV ZERO G OR A LICENSED RESELLER FOR THE PROGRAM MATERIALS WILL BE REFUNDED, ALONG WITH ALL COSTS OF POSTAGE AND PACKING.
1.4 IF YOUR USE OF THESE PROGRAMS AND DATA IS PURSUANT TO AN EXECUTED SOFTWARE LICENCE AGREEMENT, SUCH AGREEMENT SHALL APPLY INSTEAD OF THE FOLLOWING TERMS AND CONDITIONS.
2. INTERPRETATION
2.1 In this Licence Agreement the following words and expressions shall (unless the context shall otherwise require) bear the following meanings:
"the Equipment" means the Customers central computer in respect of which the Media and the Licence granted is originally installed.
"Intellectual Property Rights" copyrights, design rights, patents, service marks, trademarks, data base rights, source and object code material and any other intellectual property rights anywhere in the world whether registered or un-registered;
"the Licence " means the licence granted by Dev Zero G pursuant to clause 3.1;
"the Licence Fee" means the price for the Program Materials agreed between the Customer and the Supplier;
"the Location" means the Customers premises where the Equipment is installed as specified at Registration;
"the Media" means the CD Rom or such other media on which the Program is recorded as provided to the Customer by Dev Zero G or a licensed reseller;
"the Program" means the computer program owned by Dev Zero G known as PrintSure;
"the Program Materials" means the Program, the User Guide and the Media;
"the Supplier" means Dev Zero G or (as the case maybe) a licensed reseller from whom the Program Materials have been obtained;
"Registration" means the registration of the Program by the Customer in accordance with clause 1;
"Use the Licensed Program" means to load the Program onto and store and run them on the Equipment in accordance with the terms of this Licence Agreement;
"Use the Program Materials" means to use the Program, to read and possess the User Guide in conjunction with the use of the Program and to possess the Media;
"the Users" means those employees of the Customer who may use the Program; and
"the User Guide" means the User Guide of the Program (whether in hard copy or electronic form) describing the facilities and functions thereof.
2.2 In the Licence Agreement references to "you" or "your" shall mean the Customer which includes both the reader or any corporate licensee.
2.3 The headings in this Licence Agreement are inserted only for convenience and shall not affect its construction.
2.4 Where appropriate words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine and neuter genders and vice versa.
2.5 Reference to any statute or statutory provision includes a reference to the statute or statutory provision as from time to time amended, extended or re enacted.
2.6 Reference to a person includes natural persons and partnerships, firms and other such incorporated bodies, corporate bodies and all other legal persons of whatever kind and however constituted.
3. LICENCE
3.1 Provided that the Customer has paid the Licence Fee Dev Zero G grants to the Customer a non-exclusive licence to Use the Program Materials on and in conjunction with the Equipment subject to the terms and conditions of this Licence Agreement.
3.2 The Customer shall use the Program Materials for processing its own data for its own internal business purposes only. The Customer shall not permit any third party to use the Program Materials nor use the Program Materials on behalf of or for the benefit of any third party (in any way whatsoever).
3.3 The use of the Program Materials is restricted to use on and in conjunction with the Equipment save that:
3.3.1 if the Program Materials cannot be used with the Equipment because it is inoperable for any reason then the Licence shall be temporarily extended without additional charge to use with any other equipment until such failure has been remedied provided that such equipment is under the direct control of the Customer. The Customer shall promptly notify Dev Zero G of such temporary use and of the commencement and cessation thereof.
3.3.2 the Customer may Use the Program Materials on and in conjunction with any replacement equipment if the use of the Program Materials on and in conjunction with the Equipment is permanently discontinued. The replacement equipment shall become the Equipment for the purposes of the Licence.
3.4 The use of the Program Materials on and in conjunction with such temporary or replacement equipment shall be the sole risk and responsibility of the Customer who shall indemnify Dev Zero G against any loss or damage sustained or incurred by Dev Zero G as a result.
3.5 The Customer shall not without the prior written consent of Dev Zero G Use the Program Materials in any country except its country of permanent residence.
3.6 The Licence shall not be deemed to extend to any programs or materials of Dev Zero G other than the Program Materials unless specifically agreed in writing by Dev Zero G.
3.7 The Customer hereby acknowledges that it is licensed to use the Program Materials only in accordance with the express terms of this Licence Agreement and not further or otherwise.
4. DURATION OF LICENCE
4.1 The Licence shall commence on installation of the Program upon the Equipment and shall continue indefinitely unless terminated in accordance with any of the provisions of this Licence Agreement.
5. PAYMENT
5.1 The Licence Fee shall be paid by the Customer to the Supplier at the time the Customer orders the Program.
5.2 The Licence Fee and any additional charges under this Licence Agreement are exclusive of Value Added Tax and other sales taxes, duties and levies which shall be paid by the Customer at the rate and in the manner for the time being prescribed by law.
5.3 Any charges payable by the Customer hereunder in addition to the Licence Fee shall be paid within 30 days after the receipt by the Customer of the Suppliers invoice for them.
5.4 If any sum payable under this Licence Agreement is not paid within 7 days after the due date then (without prejudice to Dev Zero Gs other rights and remedies) Dev Zero G reserves the right to charge interest on such sum from the due date to the date of payment in cleared funds (both dates inclusive) at the rate prescribed under the Late Payment of Commercial Debts (Interest) Act 1998.
6. INSTALLATION
6.1 Unless otherwise agreed in writing:
6.1.1 the Supplier shall not be responsible for installation of the Program onto the Equipment; and
6.1.2 the Customer is authorised to undertake installation of the Program onto the Equipment provided such installation is in strict compliance with the guidelines in the User Guide.
7. RISK
7.1 Risk in the Media shall pass to the Customer on delivery. If any part of the Media shall thereafter be lost, destroyed or damaged the Supplier shall promptly replace the same (embodying the relevant part of the Program or Program Materials) subject to the Customer paying the cost of such replacement Media. We shall not make any further or additional charge for such replacement.
8. WARRANTY
8.1 Clauses 8.2 to 8.9 inclusive apply only where the Program has been supplied by Dev Zero G.
8.2 Dev Zero G warrants that the Program shall after installation provide the facilities and functions set out in the User Guide when properly used on the Equipment and that the User Guide will provide adequate instructions to enable the Customer to make proper use of such facilities and functions. Dev Zero G shall have no liability or obligations under this warranty unless Dev Zero G receives written notice of the defect or error in question no later than the expiry of 30 days after installation. When notifying a defect or error the Customer shall (so far as it is able) provide Dev Zero G with a documented sample of such defect or error.
8.3 Dev Zero G warrants that any support services provided by Dev Zero G shall be provided with reasonable care and skill.
8.4 Dev Zero G does not warrant that the functions of the Program will meet any particular requirement or that their operation will be entirely error free or that all Program defects are capable of correction or improvement.
8.5 In respect of any breach of the warranty in clause 8.2 and 8.3, the Customer agrees that its sole remedy is that Dev Zero G will remedy such non conformance and if in Dev Zero Gs reasonable opinion, it is unable to remedy such non conformance Dev Zero G will in consideration of the return of the Program Materials by the Customer refund the Licence Fee paid in respect of such Program Materials, whereupon the Licence shall immediately terminate unless otherwise agreed in writing by Dev Zero G and the Customer.
8.6 The warranty in clauses 8.2 and 8.3 shall be subject to the Customer complying with its obligations hereunder and to there having been made no alterations to the Program by any person other than Dev Zero G.
8.7 Clauses 8.2 to 8.5 inclusive state the entire liability of Dev Zero G, whether in contract or tort, for defects and errors in the Program Materials which are notified to Dev Zero G after installation.
8.8 The Customer acknowledges that the Program has not been prepared to meet the Customers individual requirements and that it is therefore the responsibility of the Customer to ensure that the facilities and functions described in the User Guide meet its requirements. Dev Zero G shall not be liable for any failure of the Program to provide any facility or function not specified in the User Guide.
8.9 Except as expressly provided in this Licence Agreement no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality performance, merchantability or fitness for the purpose of the Program Materials is given or assumed by Dev Zero G and all such warranties, conditions, undertakings and terms are hereby excluded to the fullest extent permitted by law.
8.10 Where the Program has been supplied by a licensed reseller Dev Zero G gives no warranties and the Customer must rely solely upon the warranties provided by such licensed reseller.
9. PROPRIETARY RIGHTS
9.1 Dev Zero G is the owner of all Intellectual Property Rights in or relating to the Program Materials. Neither this Licence Agreement nor the Licence shall be construed to convey or transfer any ownership or proprietary interest in any Intellectual Property Rights in the Program Materials to the Customer or any third party. Dev Zero G reserve the right to grant licences to use the Program Materials to any other party or parties.
9.2 Except to the extent that Dev Zero G cannot prohibit such acts by law, the Customer agrees not to translate, adapt, vary, modify, disassemble, decompile or reverse engineer the Program Materials or create derivative works of the same for any purpose (including error correction or any other type of maintenance) without Dev Zero Gs prior written consent.
9.3 The Customer agrees that:
9.3.1 it will not sell, licence, lease, rent, loan, lend, transmit, network or otherwise distribute or transfer the Program Materials in any manner to third parties save as expressly permitted otherwise in this Licence Agreement; and
9.3.2 it will maintain true and accurate records to enable Dev Zero G to ensure the Customers compliance with the terms of this Licence Agreement.
10. INTELLECTUAL PROPERTY RIGHTS INDEMNITY
10.1 Dev Zero G shall indemnify the Customer against any claim that the normal use or possession of the Program Materials infringes the Intellectual Property Rights of any third party provided that:
10.1.1 Dev Zero G is given immediate and complete control of such claim;
10.1.2 the Customer does not prejudice Dev Zero Gs defence of such claim;
10.1.3 the Customer gives Dev Zero G all reasonable assistance with such claim; and
10.1.4 the claim does not arise as a result of the use of the Program Materials in combination with any equipment (other than the Equipment) or programs not supplied or approved by Dev Zero G.
10.2 Dev Zero G shall have the right to replace or change all or any part of the Program Materials in order to avoid any infringement of Intellectual Property Rights.
10.3 Clauses 10.1 and 10.2 state the entire liability of Dev Zero G to the Customer in respect of infringement of the Intellectual Property Rights of any third party.
11. CONFIDENTIALITY OF PROGRAM MATERIALS
11.1 The Customer undertakes to treat as confidential and keep secret all information contained or embodied in the Program Materials and all information conveyed to the Customer by training (if any) (hereinafter collectively referred to as "the Information"), in accordance with best security practice, providing that this clause shall not extend to information:
11.1.1 which was rightfully in the possession of the Customer prior to acquisition of the Program Materials; or
11.1.2 which is already in the public domain or becomes so in the future (otherwise than as a result of a breach of this clause).
11.2 The Customer shall not without the prior written consent of Dev Zero G divulge any part of the Information to any person, except to:
11.2.1 the Users or any of the Customers other employees and then only to those persons who need to know the same;
11.2.2 the Customers auditors, HM Inspector of Taxes, HM Customs and Excise and any other person or bodies having a right duty or obligation to know the business of the Customer and then only in pursuance of such right duty or obligation;
11.2.3 any person who is for the time being appointed by the Customer to maintain any equipment on which the Program is for the time being used (in accordance with the terms of the Licence) and then only to the extent necessary to enable such person to properly maintain such equipment;
11.2.4 a member of any user group approved by Dev Zero G; and
11.2.5 any sub-contractor subject to such sub-contractor giving Dev Zero G an undertaking on similar terms to clause 11.1.
11.3 The Customer undertakes to ensure that the persons and bodies mentioned in clauses 11.2.1 to 11.2.5 inclusive are made aware prior to the disclosure of any part of the Information that the same is confidential and that they owe a duty of confidence to Dev Zero G. The Customer shall indemnify Dev Zero G against any loss or damage which Dev Zero G may sustain or incur as a result of the Customer failing to comply with such undertaking.
11.4 The Customer undertakes not to use, and shall use its reasonable endeavours to procure that any persons and bodies to whom the Information is disclosed does not use, the Information for any purposes whatsoever, except in conjunction with the Program Materials as contemplated by this Licence Agreement. The Customer shall indemnify Dev Zero G against any loss or damage which Dev Zero G may sustain or incur as a result of the Customer failing to comply with such undertaking.
11.5 The Customer shall promptly notify Dev Zero G if it becomes aware of any breach of confidence or misuse of the Information by any person to whom the Customer divulges all or any part of the Information and shall give Dev Zero G all reasonable assistance in connection with any proceedings which Dev Zero G may institute against such person for breach of confidence or misuse of the Information.
11.6 The obligations of this clause 11 shall remain in full force and effect notwithstanding any termination of the Licence or this Licence Agreement.
12. COPYING
12.1 The Customer may make only one copy of the Program for operational security and use. Such copy and the media on which it is stored shall be the property of Dev Zero G and the Customer shall ensure that it bears Dev Zero Gs proprietary notice. The Licence shall apply to all such copy as it applies to the Program.
12.2 No copies may be made of the User Guide without the prior written consent of Dev Zero G.
13. SECURITY AND CONTROL
13.1 The Customer shall during the continuance of the Licence:
13.1.1 effect and maintain adequate security measures to safeguard the Program Materials from access or use by any unauthorised person;
13.1.2 retain the Program Materials and all copies thereof under the Customers effective control;
13.1.3 maintain a full and accurate record of the Customers copying and disclosure of the Program Materials and shall produce such record to Dev Zero G on request from time to time.
14. PROGRAM SUPPORT
14.1 Dev Zero G shall not provide any maintenance or support in respect of the Program Materials except where Dev Zero G is the Supplier. Where Dev Zero G is the Supplier the basic support outlined in clause 14.3 shall be provided for a period of 30 days from installation of the Program onto the Equipment, except where the Customer has entered into a support agreement with Dev Zero G, in which case the terms of that support agreement shall prevail.
14.2 Where Dev Zero G is not the Supplier any support agreement requested by the Customer must be negotiated with the Supplier.
14.3 For the purposes of clause 14.1 in providing basic support for the Program Materials, Dev Zero G shall endeavour to:
14.3.1 carry out preliminary diagnosis of problems to eliminate those due to operating system, hardware failure and user error;
14.3.2 assist in the identification and resolution of Faults in the latest version of the Program, via email. In this context "Fault" means any non conformity of the Program with the User Guide or any other action of the Program which is accepted in writing by Dev Zero G as being a Fault;
14.3.3 provide a telephone response service in respect of Faults which will be provided by Dev Zero G from Monday to Friday between 9.30 a.m. and 5.00 p.m. UK time, excluding English statutory holidays;
14.3.4 provide new minor maintenance releases of the Program as and when Dev Zero G make them generally available; and
14.3.5 provide advanced information about updates and upgrades.
14.4 Basic support under clause 14.3 specifically excludes:
14.4.1 support for problems resulting from configuration of or faults in computer and network operating systems (e.g. Unix, Windows etc), or third party software;
14.4.2 support for problems resulting from malfunction of computer hardware including parallel ports, serial ports, cables, printers and disk drives and others;
14.4.3 supply of major new versions of the Program which have a higher major version number; and
14.4.4 any other support not expressly provided for in this Licence Agreement.
14.5 Dev Zero G reserves the right to refuse to supply basic support to the Customer in the event that the Customer is in breach of this Licence Agreement or fails to pay any sum owing to Dev Zero G when due.
14.6 If at a later date the Customer wishes to receive the then current release of the Program Materials or maintenance then the Supplier may at its option provide the same subject to the Customer entering into a new licence agreement with Dev Zero G in respect of such release (and paying the Suppliers then current licence fee) and (if applicable) entering into the Suppliers support agreement then in force.
15. USER GUIDE
15.1 The Supplier shall provide the Customer with a copy of the User Guide for the Program containing sufficient information to enable proper use of all facilities and functions set out in the User Guide.
16. CUSTOMERS CONFIDENTIAL INFORMATION
16.1 Dev Zero G shall treat as confidential all information supplied by the Customer under this Licence Agreement which is designated as confidential by the Customer or which is by its nature clearly confidential provided that this clause shall not extend to any information which was rightfully in the possession of Dev Zero G prior to this Licence Agreement or which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause). Dev Zero G shall not divulge any confidential information to any person except to its own employees. Dev Zero G shall ensure that its employees are aware of and comply with the provisions of this clause. The foregoing obligations shall survive any termination of the Licence or this Licence Agreement.
17. TERMINATION
17.1 Dev Zero G may terminate the Licence forthwith on giving notice in writing to the Customer if:
17.1.1 the Customer commits any breach of any term of this Licence Agreement and (in the case of a breach capable of being remedied) shall have failed, within 7 days after the receipt of a request in writing from Dev Zero G so to do, to remedy the breach (such request to contain a warning of Dev Zero Gs intention to terminate); or
17.1.2 the Customer permanently discontinues the use of the Program Materials.
17.2 Either party may terminate this Licence Agreement forthwith by notice in writing to the other if the other:
17.2.1 is unable to pay its debts for the purposes of section 123 of the Insolvency Act 1986;
17.2.2 enters into compulsory or voluntary liquidation (other than for the purpose of effecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of the relevant party under this Licence Agreement);
17.2.3 compounds with, convenes a meeting of or makes a proposal for an arrangement with its creditors;
17.2.4 is subject to a proposal for a company voluntary arrangement under section 1 of the Insolvency Act 1986 or to a moratorium under section 1A of the Insolvency Act 1986;
17.2.5 has a petition presented for the appointment of an administrator;
17.2.6 requests or suffers the appointment of a receiver, a manager or an administrative receiver;
17.2.7 is subject to an application under section 425 of the Companies Act 1985;
17.2.8 ceases for any reason to carry on business;
17.2.9 takes or suffers any similar action to the above which in the opinion of the party giving notice means that the other may be unable to pay its debts; or
17.2.10 takes or suffers anything analogous to the above under the laws of any other jurisdiction.
17.3 Save as expressly provided in this Licence Agreement the Licence may not be terminated.
17.4 Forthwith upon the termination of the Licence the Customer shall return to Dev Zero G the Program Materials including any modifications thereof made by the Customer and all copies of the whole or any part thereof or, if requested by Dev Zero G, shall destroy the same (in the case of the Program by erasing it from the magnetic media on which it is stored) and certify in writing to Dev Zero G it has have been destroyed.
17.5 Any termination of the Licence or this Licence Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
18. DATA PROTECTION
18.1 The Customer undertakes to comply with the provisions of the Data Protection Act 1998 and any related legislation in so far as the same relates to the provisions and obligations of this Licence Agreement.
18.2 The Customer shall indemnify Dev Zero G against any loss or damage which Dev Zero G may sustain or incur as a result of any breach by the Customer of the provisions of this clause 18.
19. ASSIGNMENT
19.1 The Customer shall not be entitled to assign, sub-licence or otherwise transfer the Licence whether in whole or in part.
20. FORCE MAJEURE
20.1 Notwithstanding anything else contained in this Licence Agreement, neither party shall be liable for any delay in performing its obligations hereunder if such delay is caused by circumstances beyond its reasonable control (including without limitation any delay caused by any act or omission of the other party) provided however that any delay by a sub-contractor or supplier of the party so delaying shall not relieve the party from liability for delay except where such delay is beyond the reasonable control of the sub-contractor or supplier concerned. Subject to the party so delaying promptly notifying the other party in writing of the reasons for the delay (and the likely duration of the delay), the performance of such partys obligations shall be suspended during the period that the said circumstances persist and such party shall be granted an extension of time for performance equal to the period of the delay. Save where such delay is caused by the act or omission of the other party (in which event the rights, remedies and liabilities of the parties shall be those conferred and imposed by the other terms of this Licence Agreement and by law):
20.1.1 any costs arising from such delay shall be borne by the party incurring the same;
20.1.2 either party may, if such delay continues for more than 8 weeks, terminate this Licence Agreement forthwith on giving notice in writing to the other in which event neither party shall be liable to the other by reason of such termination save that the Customer shall pay Dev Zero G a reasonable sum in respect of any work carried out by it prior to such termination and for that purpose Dev Zero G may deduct such sum from any amounts previously paid by the Customer under this Licence Agreement (the balance (if any) of which shall be refunded to the Customer whether paid by way of a deposit or otherwise).
21. CUSTOMERS WARRANTY
21.1 The Customer warrants that it has not relied on any oral representation made by the Supplier or upon any descriptions, illustrations or specifications contained in any catalogues and publicity material produced by the Supplier which are only intended to convey a general idea of the products and services mentioned therein.
22. LIABILITY
22.1 Where the Program has been supplied by Dev Zero G it shall indemnify the Customer and keep the Customer fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of Dev Zero G, its employees, agents or sub-contractors or by any defect in the design or workmanship of the Program Materials.
22.2 The Customer shall indemnify Dev Zero G and keep Dev Zero G fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Customer, the Users, its other employees, agents or sub-contractors.
22.3 Except in respect of injury to or death of any person (for which no limit applies) the liability of Dev Zero G under clause 22.1 in respect of each event or series of connected events shall not exceed ?1,000,000.
22.4 Notwithstanding anything else contained in this Licence Agreement Dev Zero G shall not be liable to the Customer for any damages, loss of profits, loss of business, loss of or reduction in value of goodwill, lost or reduced savings, or loss of data or any other indirect consequential loss whether arising from negligence, breach contract or howsoever even if such loss was reasonably foreseeable and Dev Zero G had been advised of the possibility of the Customer incurring the same.
22.5 Any rights the Customer may have as a consumer (i.e. a purchaser for private as opposed to business, academic or governmental use) are not affected.
23. WAIVER OF REMEDIES
23.1 No forbearance, delay or indulgence by Dev Zero G in enforcing the provisions of this Licence Agreement shall prejudice or restrict its rights nor shall any waiver of its rights operate as a waiver of any subsequent breach.
23.2 No right, power or remedy herein conferred upon or reserved by Dev Zero G is exclusive of any other right, power or remedy available to it and each such right, power or remedy shall be cumulative.
24. ENTIRE AGREEMENT
24.1 This Licence Agreement (save for the support agreement referred to in clause 14) supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof. No addition to or modification of any provision of this Licence Agreement shall be binding between the parties unless made by a written instrument signed by a duly authorised representative of each of the parties.
25. NOTICES
25.1 All notices which are required to be given hereunder shall be in writing and shall be sent to the address of Dev Zero G set out in this Licence Agreement, and in the case of the Customer to the address provided during Registration, or such other address as the parties may designate by notice given in accordance with the provisions of this clause. Any such notice may be delivered personally or by first class pre-paid letter telex or facsimile transmission and shall be deemed to have been served (if by hand) when delivered, (if by first class post) 72 hours after posting and (if by telex or facsimile transmission) 12 hours after despatch.
26. LAW
26.1 This Licence Agreement shall be governed by and construed in accordance with the laws of England.
27. DISPUTES
27.1 All disputes, claims or proceedings between the parties relating to validity, construction or performance of this Licence Agreement shall be subject to the non-exclusive jurisdiction of the High Court of Justice in England to which the parties hereby irrevocably submit.



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Updated At: 2024-03-19
Publisher: dev-zero-g
Operating System: windows
License Type: Free