Blayd Software Limited End User License Agreement.
By purchasing a license for a Blayd Software Limited Software Product you are agreeing
to all of the terms in this license agreement as if it were a written negotiated
agreement signed by you. You may not use a full and unrestricted Blayd Software
Limited Software Product without purchasing a license and agreeing to these terms.
The terms of the license Agreement, unless specifically differentiated within the
Agreement, apply to both a single or Standard License and a multiple or Site License.
License Agreement
This is a license agreement and not an agreement for sale. This End User License
Agreement is between the end user (Licensee) and Blayd Software Limited and gives
the Licensee certain limited rights to use the Blayd Software Limited Software Product
and related materials. All rights not specifically granted in this agreement are
reserved to Blayd Software Limited and are protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties. Blayd
Software Limited's software products are licensed, not sold.
Grant of License
Blayd Software Limited retains exclusive rights, title, and ownership of the copy
of the Software Product and related materials licensed under this Agreement and
hereby, grants to the Licensee a license to use the Software Product and related
materials based on the terms and conditions of this Agreement. From the date of
receipt of the license, the Licensee agrees to use reasonable effort to protect
the Software Product and related materials from unauthorized use, reproduction,
distribution, or publication.
Blayd Software Limited offer two types of license and the permitted use of the Software
Product depends on the Type Of License that is purchased.
Having purchased a single or Standard License, the Licensee may install and use
a single copy of the Software Product on a single machine.
Having purchased a multiple or Site License, the Licensee and the Licensee's users
may install and use multiple copies of the Software Product on one or more machines
located at a single site or location or within a single division of a company or
organisation.
The Licensee may make a backup copy of the Software Product after installation,
either to another machine or to removable media, solely for the purpose of recovery.
The backup copy may not be reproduced, published or redistributed further.
The Licensee may redistribute the full installation package (*.msi) of a Blayd Software
Limited Software Product evaluation in it's entirety. However, the contents of the
installation package may not be extracted and redistributed individually.
Limited Warranty
Blayd Software Limited warrants that the Software Product will be free of defects
in material and workmanship, under normal use, for a period of 60 days from the
date of purchase. If, during the warranty period set forth, you believe that the
Software Product does not materially conform with the above limited warranty, you
are obliged to notify Blayd Software Limited, by email and provide Blayd Software
Limited with sufficient information of such nonconformity to enable Blayd Software
to reproduce and verify the same.
Blayd Software Limited's sole obligation with respect to any claims of nonconformity
with the above limited warranty shall be, at Blayd Software Limited's sole discretion:
- To provide you with instructions to cure such nonconformity.
- To provide you with an updated version of the Software Product which is free of
such nonconformity.
- Or in the event that Blayd Software is unable to accomplish any of the above, after
using all reasonable efforts, refund to you a pro rata portion of the fee paid.
These remedies shall constitute Blayd Software Limited's sole obligation and your
sole remedy for any breach of warranty by Blayd Software Limited.
The limited warranty shall not apply in the event that any nonconformity arises
from:
- Any modification of the Software Product not made by Blayd Software Limited.
- The use of the Software Product in a manner not described in any related documentation
or this Agreement.
- Use of the Software Product in any unlawful, improper or inappropriate manner or
for any unlawful, improper or inappropriate purpose.
- As a result of the negligence or intentional misconduct of any user of the Software
Product.
You expressly acknowledge and agree that that use of the Software Product is at
your sole risk. The Software Product is warranted only according to the terms of
this Agreement. Blayd Software Limited hereby disclaims all other warranties and
conditions with regard to theirs and third party components of the Software Product,
including all implied warranties and conditions of merchantability, fitness for
a particular purpose, title and non-infringement.
Limitation of Liability
Blayd Software Limited shall not be liable for indirect, special, incidental, or
consequential damages related to the use of the Software Product and related materials
by the Licensee, even if Blayd Software Limited is advised of the possibility of
such damage. Blayd Software will not be liable in any way whatsoever to the Licensee
or the Licensee's users, for any claims or damages based on the use of the Software
Product with the Licensee's data.
Limitation of Use
The Licensee shall not sell, rent, lease, lend, sublicense or assign the Software
Product and related materials for any commercial or other purposes. The Licensee
shall not reverse engineer, decompile or disassemble the Software Product and related
materials. The licensee shall not remove or obscure any Blayd Software or Blayd
Software Limited trademark(s) or copyright notice(s).
Indemnity and Waiver
The Licensee shall indemnify and hold harmless Blayd Software Limited against any
claim or damages based on the use of Software Product with the Licensee's data,
including but not limited to, legal fees, costs, damages, judgments, and reasonable
expenses incurred.
No failure or delay by Blayd Software Limited in enforcing any right or remedy under
this Agreement shall be construed as a waiver of any future or other exercise of
such right or remedy by Blayd Software Limited.
Agreement.
The parties agree that this End User License Agreement constitutes the sole and
entire agreement of the parties as to the matter set forth herein and supersedes
any previous agreements, understandings and arrangements between the parties relating
hereto.