Cintel International Ltd. | diTTo User Guide |
“CINTEL INTERNATIONAL LIMITED SOFTWARE/FIRMWARE LIC ENCE”
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING AND RETURNING TO CINTEL. BY SIGNING THIS DOCUMENT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS SOFTWARE/FIRMWARE LICENCE.
This Software, Firmware and associated printed material is licensed to you (“the Licensee”) by Cintel International Limited of Watton Road, Ware, Hertfordshire SG12 OAE (“Cintel”) for use with the Cintel Equipment for which the Software and Firmware is designed (“the Equipment”). Copyright and all other rights in the information contained within the disk(s) and supplied by Cintel shall at all times remain in the ownership of the supplier.
1.CINTEL’S LICENCE
This Software/Firmware Licence is granted by Cintel or by Cintel acting as an agent for the owner of the software and is subject to the following: Cintel hereby agree;
(a)to license the Licensee to use one copy of the Software/Firmware for use with the Equipment.
(b)providing the Licensee returns a signed copy of this document;
(i)to supply free updates if applicable to the Software/Firmware for a period of six months commencing from the date of receipt by the Licensee of the Software/Firmware.
(ii)to replace the Software/Firmware at the Licensee’s expense should it become lost or damaged.
(iii)to provide timed or demo licenses where deemed appropriate.
2.PERMITTED USE
(a)The Licensee shall promptly on receipt, where the Software/Firmware is not preloaded in the Equipment, load the Software/Firmware in its entirety including any copyright notices and statement of ownership onto the Equipment.
(b)The Licensee shall store the master Software/Firmware disk(s) in secure storage in the envelope or within the equipment as appropriate.
(c)The Software/Firmware may be used only on and in relation to the Equipment in the ordinary course of the Licensee’s business.
3.RESTRICTIONS ON THE LICENSEE
(a)The Licensee save as required for its own internal use or as permitted by law shall not itself nor permit or facilitate its employees, agents or any third party to copy, publicly display, transmit or make any adaptation or modification of the Software/Firmware.
The Licensee shall not remove or permit to be removed any copyright notice on the Software/Firmware nor any statement of ownership which may be affixed thereto.
The licence is personal to the Licensee who shall not transfer it or grant any sub licences without Cintel’s written consent which shall not be unreasonably withheld where the proposed transfer is in respect of the sale of Equipment to a bona fide user and the purchaser has consented to accept these licence terms and provided the Licensee retains no copies of the Software/Firmware including any printed materials. A transfer fee may be required.
(d)The Licensee shall not be permitted to transfer the licence to any USA or other government agency unless such transfer is in accordance with the procedures (which are available on request) contained in any third party licence the Licensor holds in respect of third party Software/Firmware contained in the Equipment.
4.ACCESS
The Licensee shall permit Cintel’s representatives to have access at all reasonable times to the Software/Firmware and any records relating to its use.
5.WARRANTIES
Cintel warrants that when loaded with the Software/Firmware the Equipment will substantially operate in accordance with Cintel’s written specification.
6.LIMITATION OF LIABILITY
(a)AS THERE IS NO SPECIFIED VALUE FOR THIS LICENCE, AND THIS LICENCE IS UNRELATED TO A PARTICULAR USE TO WHICH THE LICENSEE INTENDS TO APPLY THE SOFTWARE/FIRMWARE, CINTEL MAKES NO WARRANTIES IN RELATION TO THE PERFORMANCE OF THE SOFTWARE/FIRMWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
(b)Cintel or its employees shall not be liable for any consequential incidental or indirect damages arising out of the use or inability to use the Software/Firmware or accompanying written materials.
(c)Cintel’s liability for actual damages for any cause whatsoever will be limited to the value of the media on which the Software/Firmware is
supplied.
(d)Warranty claims made pursuant to Clause 5 shall be invalid unless received in writing by Cintel prior to six months from the date of the invoice for the Equipment.
7.APPLICABLE LAW
This Licence shall be interpreted in accordance with the laws of England and the Licensee hereby submits to the exclusive jurisdiction of the English Courts.
Product Serial Number | ______________________ | Software Version | ______________________ |
Licensee Name | ______________________ | Licensee Position Title | ______________________ |
Licensee Signature* | ______________________ | For Cintel International | ______________________ |
Date | ______________________ |
|
|
*Only the initial
Issue 3 | 34 |