Liberator Free Edition Terms and Conditions

This are the terms and conditions of Liberator Free Edition. You can download a pdf version here

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SOFTWARE LICENCE AGREEMENT FOR LIBERATOR FREE EDITION

Please read this Agreement in full before downloading or installing the Software. Downloading and/or installing any part of the Software or documentation, directly or via a third party, indicates your acceptance of this Agreement. If you do not accept the whole of this Agreement, do not download the Software or, if you have already downloaded it, destroy it immediately.

DEFINITIONS

"Documentation" means all documentation in any format related to the Software, including manuals, explanatory notes and materials useful for installation and functionality. "Licence Key" means the licence key computer file supplied by us to enable you to use the Software on a particular computer. "Non-Commercial Use" means use not primarily directed towards commercial advantage or monetary compensation, and excludes, without limitation, any use involving trading or the distribution of financial information. "Software" means all programs included in the Caplin Liberator Free Edition, together with any Licence Keys that we may provide to you from time to time. "You" means the individual downloading the Software, or, if the Software is downloaded in the course of employment, the company for which that individual works. "We" and "us" means Caplin Systems Ltd.

LICENCE AND PERMITTED USE

We hereby grant you a limited, non-transferable, non-exclusive licence to use the Documentation and the Software, in machine-readable object code form, for Non-Commercial Use only. You may use the Software within a commercial business for internal evaluation, demonstration and "proof of concept" prototyping, but in no other way. You may not use the Software to communicate with any customers of your business, or allow them access to it. If you use the Software in a way that allows public or external access to it via a web page, you will prominently display the "Powered by Liberator" Logo in its original size on that web page and in all externally available materials related to the service or product. If on a webpage, the logo shall be a hyperlinked to the freeliberator.com website. In order to use the Software you must download and install a valid Licence Key for the computer on which you intend to use the Software. You may not attempt to use the Software without a valid Licence Key. We may at any time discontinue the provision of Licence Keys at any time at our sole discretion.

INTELLECTUAL PROPERTY

The Software and Documentation are our property or that of our licensors and are protected by copyright and other laws. We are the sole and exclusive owner of the Caplin Systems and Liberator trademarks and logos, and you will not remove them, modify them, or use them separately from the Software. You will immediately inform us of any claim or action that the operation possession or use of the Software or Documentation by you infringes the patent, copyright, registered design or trademark rights of any third party and will cooperate with us in the defence of any claim or action made against us or you in this regard. We will not indemnify you or hold you harmless against any damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action about infringement of patent, copyright, registered design or trademark rights of any third party.

GENERAL RESTRICTIONS

You will not: (a) provide access to the Software or Documentation to anyone other than employees, contractors or consultants who are under written contract with you binding them to terms at least as protective of us as those in this Agreement; (b) sublicense, transfer, assign, distribute to any third party, pledge, lease, rent, or commercially share the Software or any of your rights under this Agreement (and if you are a company a change of control is deemed to be an assignment); (c) use the Software for purposes of providing a service bureau, including, without limitation, providing third-party hosting, white labelling, third-party application integration or application service provider services, or any similar service; (d) use the Software in any activity where failure of the Software might result in death or serious bodily injury; (e) create derivative works based on the Software; or (f) directly or indirectly, in whole or in part, modify, translate, reverse engineer, decrypt, decompile, disassemble, make error corrections to, create derivative works based on, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software.

NO SUPPORT

We will not provide any maintenance or support for the Software. You have no right to receive any upgrades, patches, enhancements, bug fixes, new versions or new releases of the Software.

AUDIT

You grant us and our independent auditors the right to audit your compliance with this Agreement.

COPIES

You will not make copies of the Software or Documentation (other than a reasonable number of copies solely for the purposes of backup and use). You may not copy or transfer to a third party any Software or documentation except as expressly authorized in this Agreement. You shall include all copyright, trademark and other notices and legends on all copies of Software and Documentation.

DISCLAIMER OF WARRANTY

The Software and Documentation are provided "as is". All express or implied conditions, representations and warranties including, without limitation, any implied warranty of merchantability, of fitness for a particular purpose, of non-infringement, of satisfactory quality or arising from a course of dealing, usage, or trade practice, are hereby excluded by us and our licensors to the fullest extent allowed by applicable law. No warranty is made regarding the performance, functionality or accuracy of the software or that the software will operate without errors, problems or interruptions, or that errors or bugs in the software will be corrected, or that the software will meet any particular requirements or produce any particular results.

LIMITATION OF LIABILITY

In no event will we or our licensors be liable for any lost data, lost revenue, lost profits, damage to reputation, business interruption, or any other indirect, incidental, consequential, special, punitive, exemplary or any other type of damages arising out of this agreement, the use of or the inability to use the Software and Documentation, even if we have been advised of the possibility of such damages.

CONFIDENTIALITY

The Software and Documentation are our confidential and proprietary information. You agree to take adequate steps to protect them from unauthorized disclosure or use. You agree that you will not disclose the Documentation or the Software, in source code or object code form, to any third party, except as otherwise provided in this Agreement. You will not without our permission publish or make known to any third party the results of any tests, benchmarks or other quantitative or qualitative investigations that you carry out on the Software.

TERMINATION

This Agreement is effective until terminated by either party giving the other three days' written notice. This Agreement will terminate immediately and automatically without notice if you breach any provision in this Agreement. Upon termination you will immediately destroy the Software and Documentation and, at our request, promptly certify in writing that you have done so.

GENERAL

This Agreement shall be governed by and construed in accordance with the laws of England and shall be subject to exclusive jurisdiction of the English courts, as if performed wholly within England, without regard to conflict of laws rules and principles. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If any part of it is found to be void or unenforceable, the remaining provisions shall remain in full force and effect. The relationship between the parties established by this Agreement is that of independent contractors, and not principal/agent, employer/employee, partners or joint venturers.