-
Notifications
You must be signed in to change notification settings - Fork 1
/
license.txt
234 lines (185 loc) · 10.5 KB
/
license.txt
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
Way to the Web Product License
LICENCE TERMS AND CONDITIONS
1. LICENCE
1.1 Way to the Web Limited of 73, Donaldson Way, Woodley,
Reading, Berkshire, RG5 4XL ("Way to the Web") hereby grants
you a non-exclusive, non-transferable licence to download and
use (the "Product") and the accompanying documentation (the
"Documentation") on the following terms.
1.2 The copyright and all other rights in the Product and the
Documentation remain with Way to the Web.
2. ACCEPTANCE
You are deemed to have accepted the terms and conditions of this
Licence by downloading the Product.
3. SCOPE OF LICENCE
3.1 You shall not:
3.1.1 modify, adapt, merge, translate, decompile,
disassemble, or reverse engineer the Product, except as
permitted by law; or
3.1.2 sell, assign, rent, sub-license, loan, mortgage,
charge or otherwise deal in any way in the Product or
Documentation or any interest in them except as expressly
provided in this Licence.
4. DURATION OF LICENCE
4.1 This Licence shall commence on the date hereof and, subject
to other terms of this Licence, shall continue thereafter for as
long as you continue to use the Product.
4.2 This Licence shall terminate automatically if you fail to
abide by any of its terms.
4.3 Upon termination of this Licence you shall destroy the
Product and the Documentation and shall erase all copies of the
Product under your control and stored on any medium.
5. WARRANTIES AND REMEDIES
5.1 Way to the Web warrants that for a period of 90 days from the
date that the Product is downloaded, it will provide the facilities
and functions set out in the Documentation when properly used and
further, that the Documentation will provide adequate instruction to
enable you to make proper use of such facilities and functions.
5.2 The said warranty shall be subject to you complying with
your obligations hereunder and to there having been made no
alterations to the Product by any person other than Way to the Web.
When notifying a defect or error you shall (so far as you are able)
provide Way to the Web with a documented example of such defect or
error.
5. 3 Way to the Web shall have no liability or obligations under
the said warranty other than to remedy breaches thereof by the
provision of materials and services within a reasonable time and
without charge to you. If Way to the Web shall fail to comply with
such obligations its liability for such failure shall be limited as
specified in Clause 6. The foregoing states the entire liability of
Way to the Web, whether in contract or tort, for defects and errors
in the Products and the Documentation.
5.4 You acknowledge that the Products have not been prepared to
meet your individual requirements and that it is therefore your
responsibility to ensure that the facilities and functions described
in the Documentation meet your requirements. Way to the Web shall not
be liable for any failure of the Products to provide any facility or
function not specified in the Documentation
5.5 Way to the Web does not warrant that the operation of the
Products will be uninterrupted or error free or that all errors will
be remedied.
5.6 Except as expressly provided in this Licence, no warranty,
condition, undertaking or term, express or implied, statutory or
otherwise, as to the condition, quality, performance or fitness for
purpose of the Products or the Documentation is given or assumed by
Way to the Web and all such warranties, conditions, undertakings and
terms are hereby excluded to the fullest extent permitted by law.
6. LIABILITY
6.1 Way to the Web will indemnify you and keep you 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 Way to the Web, its employees,
agents or sub-contractors or by any breach of its contractual
obligations arising out of this Licence.
6.2 Except in respect of injury to or death of any person caused
by negligence (for which no limit applies) Way to the Web's
liability to you under sub-clause 6.1 above in respect of each event
or series of connected events shall not exceed one and a half times
the price you paid to licence the Product.
6.3 Notwithstanding anything else contained in this Licence, Way
to the Web shall not be liable to you for loss of profits or
contracts or indirect or consequential loss or damage whether arising
from negligence, breach of contract or howsoever caused
6.4 Way to the Web shall not be liable to you for any loss
arising out of your failure to keep full and up-to-date security
copies of the computer programs and data you use.
7. CONFIDENTIAL INFORMATION
7.1 You undertake to treat as confidential and keep secret all
information contained or embodied in the Products and the
Documentation which, by its nature has the necessary quality of
confidence about it ("Confidential Information"), provided that this
clause shall not extend to any information which is already public
knowledge or becomes so at a future date (otherwise than as a result
of a breach of this clause).
7.2 You shall not without the prior written consent of Way to the
Web divulge any part of the Confidential Information to any person
except to:
7.2.1 your own employees and then only to those employees
who need to know the same;
7.2.2 your auditors and any other persons or bodies having
a right duty or obligation to know your business and then
only in pursuance of such right duty or obligation;
7.2.3 any person who is from time to time appointed by you
to maintain your network, website or the equipment upon
which the Product is being used (in accordance with the terms
of the Licence) and then only to the extent necessary to
enable such person properly to maintain such network, website
or equipment.
7.3 You undertake to ensure that the persons and bodies mentioned
in paragraphs 7.2.1, 7.2.2 and 7.2.3 are made aware prior to the
disclosure of any part of the Confidential Information that the same
is confidential and that they owe a duty of confidence to Way to the
Web. You shall indemnify Way to the Web against any loss or damage
which Way to the Web may sustain or incur as a result of your
failing to comply with such undertaking
7.4 You shall promptly notify Way to the Web if you become aware
of any breach of confidence by any person to whom you divulge all or
any part of the Confidential Information and shall give Way to the
Web all reasonable assistance in connection with any proceedings
which Way to the Web may institute against such person for breach of
confidence.
7.5 The foregoing obligations as to confidentiality shall remain
in full force and effect notwithstanding any termination of this
Licence.
8. INDEMNITIES
8.1 Way to the Web shall indemnify you against any claim that the
normal use or possession of the Products and/or Documentation
infringes the intellectual property rights of any third party
provided that Way to the Web is given immediate and complete control
of such claim, that you do not prejudice Way to the Web's defence
of such claim, that you give Way to the Web all reasonable
assistance with such claim and that the claim does not arise as a
result of the use of the Products and/or Documentation in combination
with any equipment or programs not supplied or approved by Way to
the Web. Way to the Web shall have the right to replace or change all
or any part of the Products and/or Documentation in order to avoid
any infringement. The foregoing states the entire liability of Way to
the Web to you in respect of the infringement of the intellectual
property rights of any third party
8.2 Except to the extent caused by Way to the Web's breach of
its obligations hereunder, or its negligent or wilful misconduct in
connection with this Licence, and without limiting Way to the Web's
obligations in sub-clause 8.1 above, you shall indemnify and hold
Way to the Web harmless from any and all liability, loss and damage
Way to the Web may suffer as a result of claims demands or judgments
by any third party arising out of your use or operation of the
Products, the Documentation and related output. You shall, at your
expense, defend any such action, suit or claim against Way to the
Web.
9. SUPPORT
Way to the Web's technical support staff will, between the hours of
9.00 and 17.30 UK time Monday to Friday inclusive (except on bank and
public holidays), endeavour to answer on-line or by email any queries
you may have about the Product. For support please either use the
on-line support desk or the on-line support forum given on our
Website or in the Documentation. Any Product updates that may be
made available by Way to the Web from time to time will be supplied
at Way to the Web's then prevailing charges and subject to Way to the
Web's then prevailing terms and conditions. Way to the Web does not
guarantee backward compatibility with previous versions of the
Product as it retains the right to add, remove or modify any feature
or function in previous versions, at its sole discretion.
10. OTHER SERVICES
Way to the Web may also provide you with, at its option and subject
to its then prevailing charges and terms and conditions, other
services in relation to the Product, such as installation and
consultancy services. Please contact Way to the Web at the number
given on our Website or in the Documentation for more information
about such services.
11. CONSUMERS
If you deal as a consumer as defined in the Unfair Contract Terms Act
1977, your statutory rights remain unaffected.
12. PERSONAL INFORMATION CONTROL
You agree to comply with all applicable laws, regulations, rulings and
orders of the EU, US and other countries (including but not limited to
the EU's GDPR) in which you have operations relating to the protection,
use, and distribution of personal information of your users or
visitors on any devices which have the Program installed or stored.
Further, you shall indemnify Way to the Web for any and all claims
resulting from your violation of any such laws, regulations, rulings,
or orders.
13. LAW
This Licence constitutes the entire agreement between you and Way to
the Web relating to the Product and the Documentation and is governed
by and construed in accordance with the laws of England. The courts
of England shall have exclusive jurisdiction.