Ascertia Limited (“Ascertia”) is willing to license this software (the Software) and documentation (together the Product) in this installation package to you as an individual or as an authorised representative of the company or legal entity that will be using the Software only on condition that you accept all of the terms of this license agreement.
BY INSTALLING AND USING THIS ASCERTIA SOFTWARE, YOU AGREE FOR YOU OR YOUR ENTERPRISE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE ASCERTIA SOFTWARE.
Licensee and Ascertia may hereinafter be referred to as individually, a “Party”, or, together, the “Parties.”
Evaluation Copy. If you acquired the license for the Software on an evaluation basis, you may use the Software without charge for thirty (30) days from the day that you install the Software. You must pay the license fee and register your copy to continue to use the Software after the thirty (30) day evaluation period. To pay the license fee and register your copy, you should contact an authorised sales agent, use the e-shop on https://www.ascertia.com or email sales@ascertia.com. Registered Copy. Once the Licensee has paid the appropriate License Fee Ascertia grants to the Licensee a non-exclusive, non-transferable perpetual (unless earlier terminated by the Parties) License to Use (as hereinafter defined) the Software Product in conjunction with number of systems for which a license has been purchased and subject to the terms and conditions contained herein. A Right to Use License terminates at a mutually agreed date in the future.
The License entitles the Licensee to:
The License shall not be deemed to extend to any material other than the Software Product.
For the purpose of this License “Use” shall mean and include:
The License shall not be deemed to extend to any material other than the Software Product.
The Licensee shall run the Software on equipment that complies in all reasonable respects with the System Requirements as specified in the Product documentation. In the event that the system does not at any time so comply, unless previously agreed with Ascertia, Ascertia shall not be liable to maintain or rectify any matters relating to the Software until compliance is achieved.
The Licensee undertakes:
Ascertia and the Licensee acknowledge that software in general is not error-free and agree that existence of such errors shall not constitute a breach of this License. A warranty period of 90 days is provided with the software. If during this period the Licensee discovers a material error in the software it shall notify Ascertia promptly taking all reasonable measures to supply information necessary for Ascertia to reproduce the error, and Ascertia shall use reasonable endeavours to remedy the error or supply a work-around solution
Support and maintenance services and access to upgraded versions of the licensed software are available. If such services have been selected and paid for then priority support services will be provided. If during the support and maintenance period the Licensee discovers a material error in the software it shall notify Ascertia promptly taking all reasonable measures to supply information necessary for Ascertia to reproduce the error, and Ascertia shall use reasonable endeavours to remedy the error, supply a work-around solution or issue a software patch or a new version at its sole discretion.
Ascertia undertakes that it shall use all reasonable endeavours at all times to ensure that the Product does not infringe any third party current patent, trade mark, industrial design, copyright or other proprietary right.
In the event that remedies under clauses 7.4 i. – iii. Above do not conform to the functionality of the Software as set out in the Product documentation and any enhancement specifications that apply, the Licensee may terminate the agreement forthwith and the remedy set forth in clause 7.4 iv. shall then apply.
This License or the Product shall not be assigned or otherwise transferred either in whole or in part without the written consent of Ascertia, such consent not to be unreasonably withheld or delayed.
Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed or deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of this License nor prejudice that party’s rights to take subsequent action.
In the event that any of these terms and conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent such term condition or provision shall be severed from the remaining terms conditions and provisions which shall continue to the fullest extent permitted by law.
Notwithstanding anything else in this License neither Party shall be liable for any delay or failure in performing its obligations hereunder if such delay is caused by an act of God, fire, war (whether declared or not) or governmental decree or regulation. The performance of obligations so delayed shall be suspended for the duration of the circumstances giving rise to the delay and such party shall be granted an extension of time equal to the period of delay for performance of their obligations. Any costs arising from such delay or failure shall be borne by the Party incurring the same. If the delay or failure continues for more than 60 days either Party may by giving written notice to the other terminate the agreement in which event the Licensee shall reimburse Ascertia for actual costs incurred in respect of any work undertaken by it prior to the commencement of the failure or delay.
This License Agreement shall be governed by the courts of and construed in accordance with the laws of England and Wales.
Should you have any questions concerning this license, or if you desire to contact Ascertia for any reason, please contact Ascertia by electronic mail at: support@ascertia.com or sales@ascertia.com