Definitions
- "clearFusion" or "we" means clearFusion Digital.
This is a legal agreement between you, the end user, and clearFusion Digital.
IMPORTANT READ CAREFULLY This end user licence agreement is a legal agreement between you (either an individual or a single entity) and clearFusion Digital for the clearFusion Digital product enclosed. This end user licence agreement includes but is not limited to, the computer software, and includes "the online" and electronic documentation. By using the software you are agreeing to be bound by the terms of this end user licence agreement. If you do not agree to these terms do not use the software.
A. Grant of Licence
This software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software product is licensed not sold.
- clearFusion Digital grants you the right to install and use one (1) copy of the software programme, or in its place, any prior version of the same programme on a single server or cluster accessible by one URL (web address). The software is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) of that computer. You own the media (if any) on which the software was originally supplied, but clearFusion Digital retains ownership of all copies of the software itself.
- You may make a copy of the software for backup purposes provided that you reproduce all copyright and any other notices that are on the original copy of the software. You may not make a copy of any accompanying written material.
B. Other Rights and Limitations
- You may modify the template files (site.css, t!wdlivenews.html, t!wdsearchcloud.html, t!acceptreject.html, t!wd404.html, t!wdadd.html, t!wdbadip.html, t!wdarticle.html, t!wddetail.html, t!wdidx.html, t!wdinvoice,txt, t!wdmod.html, t!wdnew.html, t!wdnoadd.html, t!wdreject.html, t!wdrenew.html, t!wdreport.html, t!wdsearch.html, t!wdsuggestcat.html, t!wdview.html, t!wdviewhome.html, wdcfg.php) that make up the public user interface of the software.
- You may redistribute such templates but not the files provided by clearFusion Digital.
- You may create modules or otherwise extend the functionality of this software to suit your application. These customisations are not supported by clearFusion Digital.
- You may not reverse engineer, de-compile, disassemble the software product or allow any third party to do so.
- You may not remove or modify any copyright notices or labels within the scripts, templates or other files unless a license for such removal has been purchased.
- The software product is licensed as a single product. Its component parts may not be separated.
- You may not use, rent, lease or loan distribute, copy modify, or transfer the software product in whole or in part, except as expressly provided in this agreement. Any attempt to transfer any of the rights, duties or obligations hereunder except as expressly provided for in this licence is void.
- You may permanently transfer all of your rights under this end user license agreements,
- Provided, you retain no copies,
- You transfer all of the software product (including component parts, the media and printed materials, any upgrades,
- This end user license agreement,
- If applicable, (the certificate of authenticity)
- And the recipient agrees to the terms of this end user license agreement.
- If the software product is an upgrade, any transfer must include all prior versions of the software product.
- This agreement is effective until terminated. You may terminate this agreement at any time by destroying the software product and all copies thereof. Without prejudice to any other rights, clearFusion Digital will terminate this agreement automatically without notice if you fail to comply with any term or condition of this agreement. Upon termination, you agree to destroy the software product and all copies thereof.
- Upgrades. If the software product is an upgrade from another product, whether from clearFusion Digital or another supplier, you may use or transfer the software product only in conjunction with that upgraded product, unless you destroy the upgraded product. If the software product is an upgrade of a clearFusion Digital product, you may use that upgraded product only in accordance with this end user licence agreement.
- Copyright. All title and copyrights in and to the software product (including but not limited to any images, photographs, animations, video audio, music, text, and "applets" incorporated into the software product), the accompanying electronic documentation, and any copies of the software product are owned by clearFusion Digital or its suppliers. The software product is protected by copyright laws and international treaty provisions. Therefore, you must treat the software product like any other copyrighted material except that you may either (a) make one copy of the software product solely for backup or archival purposes or (b) install the software product on a single server or cluster accessible by one URL provided you keep the original solely for backup or archival purposes.
C. Limited Warranty and Remedies
- clearFusion Digital warrants that for a period of ninety (90) days from the date of purchase the software product will perform substantially in accordance with the accompanying documentation.
- The software contains security mechanisms which may have inherent limitations, it is your responsibility to ensure these mechanisms meet your requirements.
- clearFusion Digital does not warrant that the operation of the software product will be uninterrupted or error free, or that the software product will meet your requirements or be fit for the particular purpose for which it will be used, or that defects in the software product will be corrected. No oral or written information or advice given by clearFusion Digital, its employees, distributors, or agents shall create a new warranty or increase the scope of this warranty.
- The entire liability of clearFusion Digital and your exclusive remedy shall be, at the option of clearFusion Digital to either,
- Repair or replace the software product or
- refund the price paid for the product, provided you destroy all your copies of the software product and any accompanying items, and you return a copy of your receipt.
- clearFusion Digital will have no responsibility if failure of the software product is the result of accident, abuse, or misapplication. Any replacement software product will be warranted for the remainder of the original warranty period or thirty (30) days, which ever is longer.
- To the maximum extent permitted by applicable law, clearFusion Digital and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the software product. This limited warranty gives you specific legal rights, you may have others, which vary from country to country.
- To the maximum extent permitted by applicable law, in no event shall clearFusion Digital or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product, even if clearFusion Digital has been advised of the possibility of such damages. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Governing Law
This agreement shall be governed by the laws of England and the buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.
Entire Agreement
The licensee accepts that the Licensed Program Materials were not designed and produced to its individual requirements and that the licensee was responsible for their selection.
This agreement constitutes the entire agreement between the parties with respect to the use of the software, product and related documentation and supersedes all prior contemporaneous understandings or agreements, written or oral regarding such subject matters.
