End User License Agreement
END USER LICENCE AGREEMENT
(1) Pressac Communications Limited, registered in England and Wales with no. 05623170, with registered address at 145 Glaisdale Drive West, Bilborough, Nottingham, NG8 4GY (“Pressac”); and
(2) The end-user (“You”).
1. EFFECT OF THIS DOCUMENT
1.1. This End-User License Agreement (“EULA”) is a legal agreement between You and Pressac in respect of the Pressac Software (as defined below). The EULA authorises You to use the Pressac Software under the terms and conditions set forth below. Read this EULA carefully before installing or using the Pressac Software, or installing or using any hardware on which the Pressac Software is installed. By installing, copying, or otherwise using the Pressac Software You acknowledge that You:
1.1.1. have read and understood this EULA, together with any third party licenses (including any open source software licences) set forth in the “additional terms addendum” below or made available for your review as specified in clause 6.
1.1.2. agree to be bound by all the terms and conditions of this EULA, together with such additional terms; and
1.1.3. confirm that You have the authority to bind your organisation to the terms of this EULA.
2. LICENCE OF PRESSAC SOFTWARE
2.1. As used in this EULA the Term “Pressac Software” shall mean:
2.1.1. the software provided by Pressac for use as firmware for licensed use in or with all Pressac hardware products as updated from time to time; and
2.1.2. any related documentation for the Pressac Software.
2.2. Subject to your compliance with the terms of this EULA, Pressac hereby grants You a limited, non-exclusive, non-transferable licence to use the Pressac Software in object code form.
3. LICENCE RESTRICTIONS
3.1. Pressac hardware shall be provided with the relevant Pressac Software already installed onto it. You are not entitled to make copies of or install the Pressac Software or any upgrade or update thereto on any other hardware.
3.2. Where the Pressac Software includes any related documentation provided in electronic form, You may make back-up copies of this electronic documentation. You must reproduce and include all copyright notices on any permitted copies You make.
3.3. You may sublicense, assign or transfer the entirety of this EULA or the Pressac Software without express written consent from Pressac, provided that you include a copy of this EULA, and all other copyright notices, as part of the assignment and no charge is levied for the assignment.
3.4. Save to the extent permitted by applicable law, You may not reverse engineer, decompile, decode or disassemble the Pressac Software, nor may You instruct a third party to do so on your behalf.
3.5. Neither You, nor any third party instructed by You may modify or create a derivative work from the Pressac Software.
3.6. This EULA does not grant You any rights whatsoever in relation to the trademarks or service marks of Pressac or its affiliates.
4. RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
4.1. The Pressac Software and all rights, without limitation, including all copyrights, patents, trademarks, trade secrets, publicity rights, and other proprietary rights therein, are protected by international treaty provisions and all applicable national laws. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of Pressac, their licensors or affiliates. Except as expressly set out in this EULA, You do not possess, and Pressac does not grant to You, any express or implied rights in or to any such intellectual property rights and all such rights are retained by Pressac, its licensors or affiliates.
5. MISUSE OF PRESSAC SOFTWARE
5.1. Misuse of the Pressac Software, or any data it generates, is strictly prohibited. You are solely responsible for any misuse of the Pressac Software which is licensed to You and for any liability or damage related in any way to your use of the Pressac Software in violation of this EULA.
6. ADDITIONAL TERMS
6.1. This EULA shall apply to any updates, releases, revisions, enhancements, or supplements to the original Pressac Software provided by Pressac, unless Pressac provides other terms along with the Update. The Pressac Software may contain certain components such as open source software components or third party components which Pressac has obtained a licence to use (each a “Component”).
6.2. Each Component may have a separate end user license agreement (a “Third Party License”). The terms of any Third Party License (if any) that apply to the Pressac Software can be found at the following link www.pressac.com/tposlicense. The terms of such Third Party Licenses are herein incorporated by reference to this EULA. In the event of any inconsistencies between this EULA and any Third Party License, the terms of this EULA shall prevail.
7.1. This EULA is effective from the first date You install, copy or otherwise use the Pressac Software. Without prejudice to Pressac’s rights, the EULA shall terminate automatically and immediately without notice if You fail to comply with any provision or condition of this EULA. You may terminate this license at any time by disabling or destroying the hardware device on which the Pressac Software is installed, and all related documentation provided to You by Pressac.
8.1. The Pressac Software is provided as is, and Pressac makes no warranty as to its fitness for any particular purpose, whether You make such purpose known to Pressac or not.
8.2. Pressac does not warrant that your use of the Pressac Software will be uninterrupted or error free.
8.3. Any further rights and remedies than those as per this Clause 8 (in particular Your right to claim damages) based on a defect or a claim that the Pressac Software is not of merchantable quality shall be excluded. This exclusion shall not apply in the event of gross negligence, unlawful intent or insofar as applicable law provides otherwise.
9. LIMITATION OF LIABILITY
9.1. Nothing in this EULA shall exclude either party’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be limited or excluded by law.
9.2. Pressac’s total liability to You under this EULA shall be limited to £1,000.
9.3. Pressac shall not be held liable in any circumstances for any loss of business or business opportunity, loss or corruption of data, loss of profits, loss of contracts, loss of anticipated savings or loss of goodwill, whether such losses are direct, indirect or consequential.
10. SUPPORT SERVICES
10.1. This EULA does not oblige Pressac to provide You with any technical support services or to debug the Pressac Software unless separately agreed in writing between You and Pressac, or between You and the relevant reseller of Pressac Software.
11. USE OF DATA
11.1. Pressac shall be free to use any feedback and/or technical data including audit data received from You resulting from your access to and use of the Pressac Software for its own commercial purposes, including (without limitation) development, manufacture, marketing, product ordering, and maintenance or support of products and services. No such technical or audit data shall be capable of identifying any individual.
12.1. If either party is delayed or prevented from complying with its obligations under this EULA by an event which is outside of its reasonable control, then such party shall not be in breach thereof, nor liable for any failure or delay in performance of any of its obligations.
12.2. No variation of this EULA shall be valid unless it is in writing and signed by or on behalf of each of the parties.
12.3. This EULA shall constitute the entire agreement and understanding between the parties in respect of its subject matter and supersedes, cancel and nullify any previous agreements, statements and all other prior or contemporaneous communications between the parties or given by or on behalf of the parties and relating to its subject matter.
12.4. A person who is not a party to this EULA shall have no right to enforce any of its terms, including under the Contracts (Rights of Third Parties) Act 1999.
12.5. Nothing in this EULA is intended to create or shall be deemed to constitute a partnership, a joint venture or legal relationship of any kind between the parties.
12.6. This EULA and any dispute or non-contractual obligation arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the courts of England.