| Software Download Fair Licence
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
The Materials and Software shall be interchangeable
The Software and Materials shall be interchangeable
The Corporate Licensee or Licensee shall mean someone who
purchased software or materials ............................... 'Corporate Licensee'
This Document only is the
In this Agreement, unless the context requires
(a) words importing the singular number shall
include the plural and vice versa.
(b) words importing any
particular gender shall include all other genders.
to persons shall include bodies of persons, whether corporate or
(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
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.
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
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
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
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.
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
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
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
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
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
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.
Pictures shall not be considered any other device or machinery or any
other physical object human or otherwise.
7 No other warranties
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
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
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.
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.
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
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.
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
and that we only provide such information in support of our Software or Material.
14 E-Mail Confidentiality
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
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.
15.1 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
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
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
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.
16.1 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 ;
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
16.4 the consumer agrees to forgo this express consent
or acknowledgement required under any act or regulation; and
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.