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ColourKit Profiler Suite License and Terms Of Use

License Agreement, Convention de droits d’utilistation, Lizenzvertrage, Licenza d’uso, Contrato de licencia, Licensavtal

DOWNLOADING AND OR USING THE SOFTWARE INDICATES YOU ACCEPT THE TERMS OF THE SOFTWARE LICENSE AGREEMENT BELOW AND AGREE TO BE LEGALLY BOUND BY THEM.

 

The ColourKit Profiler Suite software (hereinafter “Software”) licensed to you (hereinafter “licensee”) by FFEI Ltd. (hereinafter “FFEI”) is licensed to you on the following terms:

1. Copyright in and title to the software is and remains vested in FFEI, or third party owner.

2. Licensee is hereby granted a non–exclusive license to install and use the software on a single computer and at a single location. In the event that a product element is sold with a site license, then this shall be construed to mean multiple machines within a single building.

3. Once activated, the software is locked to the machine upon which it is installed. Licensee may re-activate the software in the event of machine breakdown, on another or the same, but repaired, machine. At no time shall licensee run or have installed, more copies of the software than for which a license has been purchased.

FFEI reserve the right to request a letter from an officer of the Licensee’s company certifying the events that have taken place conform to this license.

In the event such a letter is requested and is not provided within 30 days of such request, then the license is permanently revoked without Licensee remedy, and without limitation of FFEI’s right to pursue their legal rights and available remedies in respect of unlicensed use of the software.

4. Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software

5. Licensee may not modify, disguise, adapt, translate or otherwise change any branding or copyright elements contained within or upon the software or its packaging.

6. Licensee may not rent, lease or sub-license, provide for download, lend or assign the Software or any documentation supplied therewith, nor transfer this license without the written consent of FFEI which consent shall not be withheld unreasonably.

Specific permission is granted to Licensee to provide copies of the software in demonstration form (that is without either license or activation code) to a third party.

Permission is not granted to install or arrange the software such that it may be electronically distributed either automatically or by manual download.

7. FFEI endeavours to ensure that all software by whatever mechanism provided by it, is free from virus infections. However it is the Licensee’s sole responsibility to satisfy themselves that the software is virus free. If there is any doubt we recommend that the Licensee follow good practice and run a current virus check application on the CD, or downloaded installers, prior to installing any software.

8. FFEI warrants that the software will perform substantially in accordance with the specification therefore in the written documentation accompanying the Software. In the event of breach of warranty FFEI will at its option and cost either correct errors in the Software or refund to the licensee the price paid. Licensee accepts that this shall be its sole remedy in the event of such a breach.

9. THE WARRANTIES OF FFEI AS SET FORTH IN ARTICLE 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES MADE BY FFEI FOR THE LICENSED SOFTWARE. EXCEPT AS SET FORTH IN ARTICLE 8, FFEI EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO, QUALITY OF PROFILE OR IMAGE PRODUCED BY THE LICENSED SOFTWARE. LICENSEE ACCEPTS THAT IN NO EVENT SHALL FFEI BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL LOSS OR DAMAGE INCLUDING ANY LOSS OF PROFIT ARISING OUT OF LICENSEES’ USE OF THE SOFTWARE AND/OR THIS AGREEEMENT.

10. Licensee agrees and certifies that none of the software will be shipped, transferred and re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and regulations thereunder or will be used for any purpose prohibited by the same.

11. This agreement shall be subject to and construed in accordance with the laws of England.