This licence agreement ("Agreement") is a legal agreement between you (the "Licensee") and CnCNet (the "Licensor"), for CnCNet Software products (the "Software"), which includes computer software, any data supplied with it, the associated media, printed materials and online OR electronic documentation. By installing this software you agree to the terms of this agreement which will bind you and your employees. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENCE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE INSTALLATION OF CnCNet SOFTWARE NOW. In this case you must stop downloading CnCNet software now and remove CnCNet software entirely from your system.
It is agreed as follows:-
1.1 The definitions and rules of interpretation in this clause apply to this licence. Intellectual Property Rights: all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all worldwide applications for the same
1.2 The Licensor agrees to permit the Licensee to use CnCNet Software on the Licensee's computer or computer system free of charge subject to the terms and conditions of this Agreement.
1.3 The licence that this Agreement passes to the Licensee is non-transferable and non-exclusive.
1.4 This Agreement does not transfer any rights of ownership, copyright or other intellectual property in the CnCNet Software to the Licensee.
1.5 The Licensee has no right (and shall not permit any third party) to copy CnCNet Software.
1.6 The Licensee shall not adapt, decompile, reverse engineer, disassemble or otherwise tamper with CnCNet Software, nor shall it modify, sell, rent, transfer, resell for profit, distribute of create derivative works based upon CnCNet Software or any part of it.
1.7 The Licensee acknowledges that all Intellectual Property Rights in CnCNet Software belong and shall belong to the Licensor, and that the Licensee shall have no rights in or to CnCNet Software other than the right to use it in accordance with the terms of this licence.
2.1 CnCNet Software is provided 'as is' and free of charge to the Licensee. Therefore, it is supplied without warranty (express or implied) of any kind from the Licensor, including but not limited to a warranty of satisfactory quality, fitness for a particular purpose and non-infringement. The Licensee's rights as a consumer are not affected.
2.2 CnCNet Software is provided with technical support or maintenance at CnCNet discretion.
2.3 The Licensee is not permitted or entitled to use the Software for commercial purposes or any other such purposes which cause the Licensee to make financial gain or other benefit in return.
2.4 This Agreement constitutes the entire agreement between the parties.
3.1 It is fundamental to the circumstances of the supply of CnCNet Software that the Licensor and its group companies will not be liable to the Licensee or any third party for any loss of revenue or profits, loss of business, loss of anticipated savings, loss of data or the like or any direct, indirect, special, incidental or consequential damage relation to CnCNet Software in any way, or for inability to use the Software for any reason.
3.2 The disclaimer of liability at clause 3.1 applies to any claim whether based on breach of contract, tort (including, but not restricted to, negligence), product liability or otherwise.
3.3 Liability for death or personal injury is excepted from the disclaimers at clause 3.1 and 3.2. 3.4 This clause 3 still applies even if the Licensor has been notified of the possibility of any damage. 3.5 The Licensee agrees that they have read and understood the significance of this clause and understands that that the Licensor must limit and exclude its liability as much as legally possible.
4.1 The Licensee agrees to indemnify the Licensor against any loss, damage, fine or expense suffered by the Licensor as a result of the Licensee's use or misuse of CnCNet Software or as a result of unauthorised access to the Software cause by the Licensee's breach of any provision of this Agreement.
5.1 If any provision of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
5.2 This Agreement shall be governed by and construed according to English law. The Licensor and Licensee agree to submit to the non-exclusive jurisdiction of the English courts