Software Download Fair Licence AGREEMENT

We make our AGREEMENT fair with Plain English easy to read and easy to understand. We wish the Consumer or Business to know exactly what they have agreed to before downloading or purchasing our Software. We wish Consumers to know that Internet Purchases have a fourteen day money back guarantee and we wish Consumers to know that if the Quality or fitness for purpose does not live up to their expectation then they will have a refund. We have built our business through Quality, Good Reputation and being Fair to all.

THE LICENCE AGREEMENT

General Picture Recognition Software Business is the business name of CASTLE DESIGN CREATIONS LLP ................................'the Licensor'
The Purchaser ................................................................................................................................................................'the Licensee'
The Materials and Software shall be interchangeable .................................................................................................. 'Material'
The Software and Materials shall be interchangeable ................................................................................................... 'Software'
The Corporate Licensee or Licensee shall mean someone who purchased software or materials  ............................... 'Corporate Licensee'
This Document only is the ............................................................................................................................................ 'Agreement'

In this Agreement, unless the context requires otherwise:

(a) words importing the singular number shall include the plural and vice versa.
(b) words importing any particular gender shall include all other genders.
(c) references to persons shall include bodies of persons, whether corporate or incorporate;
(d) words importing the whole shall be treated as including a reference to any part of the whole.


PLEASE READ THIS CAREFULLY BEFORE USING SOFTWARE OR MATERIALS IF SUPPLIED ON DISK

A: PROPERTY OF LICENSOR
THE LICENSEE MAY OBTAIN A COPY OF THIS SOFTWARE PRODUCT EITHER BY DOWNLOADING IT REMOTELY FROM OUR SERVER OR BY COPYING IT FROM AN AUTHORISED DISKETTE, CD-ROM OR OTHER MEDIA. THE COPYRIGHT, DATABASE RIGHTS AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAMS AND DATA WHICH CONSTITUTE THIS SOFTWARE PRODUCT THE MATERIALS, TOGETHER WITH THE HARD MEDIA ON WHICH THEY WERE SUPPLIED TO YOU, ARE AND REMAIN THE PROPERTY OF THE LICENSOR. YOU ARE LICENSED TO USE THEM ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW.

B: LICENSEE ACCEPTANCE PROCEDURE
BY CLICKING ON THE PAYPAL BUTTON THE LICENSEE INDICATE ACCEPTANCE OF THIS LICENCE AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS LICENCE AGREEMENT. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS THE LICENSEE OR WHICH THE LICENSEE REPRESENT CORPORATE LICENSEE. IN THIS LICENCE AGREEMENT, 'YOU' INCLUDES BOTH THE READER AND/OR THE LICENSEE OR CORPORATE LICENSEE.

C: LICENCE REJECTION PROCEDURE
YOU SHOULD THEREFORE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE CLICKING ON THE PAYPAL BUTTON. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD NOT CLICK ON THE PAYPAL BUTTON, DELETE THE MATERIALS FROM YOUR COMPUTER AND PROMPTLY (AND IN ANY EVENT, WITHIN FOURTEEN DAYS OF RECEIPT) RETURN TO THE LICENSOR OR A LICENSED RESELLER THE DISKETTE OR OTHER MEDIA IF ALREADY SENT.

D: INTERNET PROTECTION
IF FOR ANY REASON AT ALL WITHIN FOURTEEN DAYS OF PURCHASE OF THE HOME VERSION ONLY (NOT THE PROFESSION BUSINESS VERSION) YOUR CONSUMER RIGHT TO RETURN THIS PRODUCT SHALL APPLY AND A REFUND GIVEN LESS ANY THIRD PARTY ADMINISTRATION CHARGES i.e PAYPAL CHARGES THAT SHALL NOT BE MORE THAN TWO POUND. EXAMPLE IF SALE IS 20.00 AND PAYPAL CHARGE 1 POUND ADMIN YOU WILL BE RETURNED 19.00.

E: FAIR REASON
IF A FAIR REASON IS GIVEN FOR RETURN OF THE STANDARD HOME VERSION, WE WILL ALLOW THE LICENSEE TO KEEP THE STANDARD HOME VERSION LICENCE AND WITHOUT A REFUND UPGRADE TO A FREE VERSION OF THE PROFESSIONAL VERSION ONLY IF A BUSINESS CUSTOMER; OR D ABOVE APPLIES AND REFUND GIVEN.

LICENCE AGREEMENT AND LIMITED WARRANTY

1 Ownership of Materials, Software and any Copies

The Materials or Software and related documentation are copyrighted works of the Licensor, and are also protected under applicable database laws. The Licensor retains ownership of the Materials or Software and all subsequent copies of the Materials or Software, regardless of the form in which the copies may exist. This licence is not a sale of the original Materials or Software or any copies. Software and Materials are interchangeable terms and should be read as such.

2 Licence

Provided that the Licensee have paid the applicable licence fee, the Licensor grants to you the Licensee a limited, non-exclusive licence to:
2.1 use and copy the Materials or Software for use on any computer system owned, leased and/or controlled by the Licensee or any member of the Licensee's corporate group, which expression includes the Corporate Licensee, the Corporate Licensee's majority-owned subsidiaries, any parent company having a majority owned interest in the Corporate Licensee, and such parent's majority owned subsidiaries;
2.2 the Licensee includes the Corporate Licensee;
2.3 make copies of the Materials or Software for back-up, archival or other security purposes;
2.4 the price shown on this web-site is the total price.

3 Licence restrictions

The Licensee may not use, copy, modify or transfer the Materials (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database or Software, except as expressly provided for in this licence. If you transfer possession of any copy of the Materials or Software to another party except as provided above, your licence is automatically terminated. The Licensee may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Materials or Software, except as expressly permitted by law.  The Licensee may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Materials or Software.

4 No transfer

The Materials or Software are licensed only to the Licensee. The Licensee may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Materials or Software, on a temporary or permanent basis, without the prior written consent of the Licensor.

5 Undertakings

    The Licensee undertake to:
    5.1 ensure that, prior to use of the Materials or Software by your employees or agents, all such parties are notified of this licence and the terms of this Agreement;
    5.2 reproduce and include our copyright notice (or such other party's copyright notice as specified on the Materials or Software) on all and any copies of the Materials or Software, including any partial copies of the Materials or Software;
    5.3 hold all drawings, specifications, data, Software (including object and source codes), Software listings and all other information relating to the Materials or Software confidential and not at any time, during this licence or after its expiry, disclose the same, whether directly or indirectly, to any third party without the Licensor's written consent.

6 Limited warranty

    6.1 Subject to the limitations and exclusions of liability below, the Licensor warrants that (a) the diskette(s) or other media on which the Materials are furnished will be free from material defects under normal use; and that (b) the copy of the program in the package will materially conform to the documentation which accompanies the package if available. The Warranty Period is 90 days from the date of delivery to you.
    6.2 The Licensor will also indemnify the Licensee for personal injury or death solely and directly caused by any defect in its products or the negligence of its employees.
    6.3 The Licensor shall not be liable under the said warranty above if the Materials or Software fail to operate in accordance with the said warranty as a result of any modification, variation or addition to the Materials not performed by the Licensor or caused by any abuse, corruption or incorrect use of the Materials or Software, including use of the Materials or Software with equipment or other Software which is incompatible.
    6.4 The Licensee shall not use the Software to control any other device or machinery or any other physical object human or otherwise.
    6.5 Pictures shall not be considered any other device or machinery or any other physical object human or otherwise.

7 No other warranties

    The foregoing warranty is made in lieu of any other warranties, representations or guarantees of any kind, express or implied, including, but not limited to, any implied warranties of quality, merchantability, fitness for a particular purpose or ability to achieve a particular result. You assume the entire risk as to the quality and performance of the Materials or Software. Should the Materials prove defective, you (and not the Licensor nor any licensed reseller) assume the entire cost of all necessary servicing, repair or correction. The Licensor does not warrant that the Materials or Software will meet your requirements or that its operation will be uninterrupted or error free.

8 Limitation of liability

    The Licensor's entire liability and your exclusive remedy shall be:
    8.1 the replacement of any diskette or media not meeting the Licensor's 'Limited Warranty' and which is returned to the Licensor together with dated proof of purchase; or
    8.2 if, during the Warranty Period, the Licensor is unable to deliver a replacement diskette or media which is free of material defects, the Licensee may terminate this Agreement by returning the Materials or Software to the Licensor and any money the Licensee paid to the Licensor for the Materials or Software will be refunded, along with the cost of postage and packing.

9 Exclusion of liability

    9.1 Except in respect of personal injury or death caused directly by the negligence of the Licensor, in no event will the Licensor be liable to the Licensee for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Materials or Software, even if the Licensor has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation, but fraudulent misrepresentation will not include among other things a true view of Software expectation even if that view for any reason is found to be incorrect but given with a fair expectation of being correct. No expectation should ever be considered a fraudulent misrepresentation.

10 Your statutory rights

    10.1 This licence Agreement is subject to UK ('United Kingdom') law only of England and Wales. No Law or jurisdiction outside of the Law relating to England and Wales shall apply to this Agreement, wherever sold around the world.
    10.2 Consumer Rights under the Law of England and Wales shall only apply (i.e. a purchaser for private as opposed to business, academic or government use) are Consumers Rights and such rights apply.

11 Term

    The licence is effective until terminated. The Licensee may terminate it at any time by destroying the Materials or Software together with all copies in any form. It will also terminate upon conditions set out elsewhere in this Agreement or if the Licensee fail to comply with any term or condition of this Agreement or if the Licensee voluntarily return the Materials or Software to the Licensor. The Licensee agree upon such termination to destroy the Materials or Software together with all copies in any form.

12 Export

    The Licensee will comply with all applicable laws, rules, and regulations governing export of goods and information, including the laws of the countries in which the Materials were created. In particular, the Licensee will not export or re-export, directly or indirectly, separately or as a part of a system, the Materials or other information relating thereto to any country for which an export licence or other approval is required, without first obtaining such licence or other approval.

13 Advice

          No, E-mails from the Licensor shall be considered advice and shall only be read in relation to the advertising, purchase, installation, help relating
          to the use of the Software  or publicly available updates or other add-on relating to the Software. We only provide such information in relation to the
          operation of the Software.  The Licensee shall agree that the Licensor is not liable for any help provided via E-mail in relation to the Software or
          Materials and that we only provide such information in support of our Software or Material.

 14 E-Mail Confidentiality

          All E-mails sent by the Licensor to the Licensee shall be considered confidential. E-mails send from the
          Licensor to the Licensee shall be considered proprietary information, some or all of which may be or shall be legally privileged
          information. All E-mails send by the Licensor shall remain the property of the Licensor unless signed with an
          electronic hand written signature. The Licensor shall have the right to have any E-mails sent returned and any copies held by the Licensee destroyed on a request
          E-mails send by the Licensor are only intended for the reader the Licensee and shall not be reproduced in any way or given to any third party without the written
          consent of the Licensor. Any E-mail sent by the Licensor are only for the intended recipient the Licensee.
          

15 General

    15.1 The Licensee agree that the Licensor shall have the right, after supplying undertakings as to confidentiality, to audit any computer system on which the Materials or Software are installed in order to verify compliance with the Agreement..
    15.2 Each party to the Agreement can only take legal action in a court within the country of South Wales within the United Kingdom of Britain exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this Agreement.
    15.3 This Agreement constitutes the complete and exclusive statement of the Agreement between the Licensor and the Licensee with respect to the subject matter of this Agreement and supersedes all proposals, representations, understandings and prior Agreements, whether oral or written, and all other communications between us relating to that subject matter.
    15.4 Any clause in this Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Agreement shall not be affected by that deletion.
    15.5 Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice that party's right to take subsequent action.
    15.6 The Licensor shall only provide the professional version of the Picture Recognition Software to business and the standard or home version of the software to consumers.
    15.7 Our geographical address is located in the UK, Britain, Wales, our E-mail is provide on this web-site and shall be available at the bottom of this page.
    15.8 This Agreement is personal to you the Licensee and the Licensee may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without the Licensor's prior written consent. Should you have any questions concerning this Agreement you may contact GPRSG via e-mail below.

    16 Cancellation

    16.1 Unless the Licensee informed the Licensor via E-mail before purchasing the Software or other Materials that the software shall not be provided before the fourteen day cancellation period is at an end. The legal right of the Licensee if consumer in relation to the fourteen day period is void ; and
    16.2 by agreeing to these terms the consumer agrees that they have given express consent and the consumer has acknowledged that the right to cancel the contract under law or regulation will be lost; and
    16.3 the Licensor shall have the right even if the legal right of the consumer is lost due to having the software supplied within the fourteen day cancellation period; and
    16.4 the consumer agrees to forgo this express consent or acknowledgement required under any act or regulation; and
    16.5 the Licensor agrees to forgo giving any consent and acknowledgement under any act or regulation under this Agreement.
    16.5 The Licensor at his own discretion shall retain the right to allow the consumer to cancel this agreement within fourteen days.

     

     

     





Any Questions please E-Mail: GPRSG SOFTWARE