EPM Maestro Application Terms and Conditions
1 Licence
You are permitted to:
(1) load the Software into and use it on computers under your control and which meet the specifications referred to in the Software Licence;
(2) install Software on computers within your organisation and transfer the Software from one computer to another;
(3) use the Software on a computer network provided that you do not exceed the concurrent connections to server software specified in section G of the Software Licence.
(4) You are not permitted:
(a) to load the Software on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution (such use requiring a separate licence), other than as licensed;
(b) except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation or use, reproduce or deal in the Software or any part thereof in any way.
2 Term
This Agreement is effective until you terminate it by destroying the Software and its documentation together with all copies. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control. The media on which such copies resided will after destruction of the copies residing on them revert to you.
3 Ownership
You must erase the Software on termination of this Agreement. Sovereign Systems Limited ("The Owner") shall at all times retain ownership of the Software as originally obtained by you and all subsequent copies of the Software.
4 Warranties
The Owner warrants that the Software will perform substantially in accordance with its accompanying documentation (provided that the Software is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Software in all material respects. If the Owner is notified of significant errors during the Warranty Period it will correct any such demonstrable errors in the Software or its documentation within a reasonable time or (at its option) provide or authorise a refund (against return of the Software and its documentation).
The above provisions represent your sole remedies for any breach of the Owner's warranties, which are given only to the Licensee specified in the Software Licence.
The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
The Owner does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected. In no event will the Owner be liable to you for any indirect or special loss or damage of any kind (except personal injury or death resulting from the Owner's negligence or breach of this Agreement), nor for any form of lost profits or consequential loss arising from your use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise. The Owner shall also not be liable for any failure by the Software to provide any functions not specified in its associated documentation. In respect of any other claim, in no event shall the Owner's liability exceed the amount paid by you for the Software.
5 Waiver of remedies
No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
6 Third parties
The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement.
7 Law
(1) This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
(2) The parties hereby irrevocably submit to the jurisdiction of English Courts for the determination of disputes arising from or connected to this Agreement.
Other Terms and Conditions are contained within the Software License Agreement.