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Licence agreement for Search Favorites
We are WRC Solutions. You are the person, organisation or entity installing or using this software. The software is "Search Favorites".
We developed the software and it is entirely our property in all respects save for some components licensed from other vendors and incorporated in the software with their permission.
We give you permission to use the software under the following conditions and for the following purposes. No other uses are permitted.
We may give permission to other people or organisations to use the software under any terms and conditions that we choose.
Our responsibility to you is to provide a running version of the application by electronic means. Your responsibility is to abide by the terms of this agreement.
You agree that the software comes with no warranties as to fitness of purpose or suitability for a particular application.
You agree that in no case will our liability to you exceed the price you have paid us for the software.
You further agree that should we incur any liabilities they will not be more generous to you in any respect than those that would accrue to you under the terms of the licence agreement that you hold with the supplier of your computer`s operating system or systems.
You are not licensed to use this software in any environment that a reasonable person would considered to be "life critical" or "high risk". (Examples of such environments include the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the software could lead directly to death, personal injury, or severe physical or property damage.) You agree that if you have a need for this product in such an environment then you will contact us to arrange for a full quality assured development to take place.
You agree that you will not attempt to disassemble, reverse engineer or otherwise inspect or determine the interior operations of the software and neither will you try to circumvent the licensing and registration facilities built into it. Nor will you build the software into a derivative product.
You are allowed to make as many copies of the software as you wish and to distribute them free of charge or other burden to the recipients by any means you wish provided that you make no change to the software or its distribution packaging and provided that this licence agreement is incorporated unchanged and made apparent to the recipient.
Until you have registered the software, you will be an evaluation user.
You agree that while you are an evaluation user you are using the software solely to assess its appropriateness and utility for your needs. Once you have made that assessment, you agree to either register the software or to stop using it. You agree that while you are evaluating the software it may at times "nag" you to remind you that you are indeed supposed to be evaluating it. You also agree that at the expiry of the evaluation period as set by us the software will stop working.
You agree that registration is available by means that we shall from time to time determine and that you will pay for registration at the rate we shall determine. Registration may be for a single copy running on a single client PC or for a multiuser version. Whichever type of registration you choose you agree to not override the registration quantities through modifications or corruptions of the licencing and registration technology incorporated in the software.
Our warranty to you is limited. We warrant that for sixty (60) days from the date of original purchase the media (e.g., diskettes) on which the software is contained will be free from defects in materials and workmanship.
What remedies do we offer you? Our and our suppliers` entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at our option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the software is contained. You must return the defective media to us at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period.
Except for the limited warranty made above, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, WE MAKE NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE WE CHARGE FOR A LICENSE TO THE SOFTWARE, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
This Agreement is governed by the laws of the United Kingdom, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by our duly authorized representative. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by us or our duly authorized representative. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
If you have any questions concerning these terms and conditions, or if you would like to contact us for any other reason, please call +44 1695 556702, fax +44 1695 556703, or write to: WRC Solutions, 1 Willow Walk, Skelmersdale, Lancs WN8 6UR England. (http://www.wrc-solutions.com)
WRC Solutions, Skelmersdale, Lancs UK
July 2002