End User Software Licence Agreement
PLEASE READ THIS SOFTWARE LICENCE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING SOFTWARE PROVIDED TO YOU BY WORLD TIME SOLUTIONS LIMITED. BY DOWNLOADING, INSTALLING OR USING HARDWARE IN WHICH THE SOFTWARE IS EMBEDDED, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL OR USE THE PRODUCT.
1. The parties.
The parties to this agreement are World Time Solutions Limited and the person or organisation that originally purchased the applicable licence(s) for use of the software (the customer).
2. The software.
In this agreement "software" means the program modules and features of the World Time Solutions Limited supplied software, updates, upgrades and any other additions to the original software for which the customer has paid the applicable license fee to World Time Solutions Limited. "Embedded Software" means Software which World Time Solutions Limited has embedded in the World Time Solutions Limited equipment.
3. The Licence.
World Time Solutions Limited products may contain both proprietary World Time Solutions Limited software and open source software. Open source software is supplied under the relevant licence agreement applicable to that software. For further information, copies of software licences and details of how to obtain open source software source files, please visit www.worldtimesolutions.com. The proprietary software is owned and copyrighted by World Time Solutions Limited. Your license confers no title or ownership in the software and is not a sale of any rights in the software. World Time Solutions Limited grants the customer the following rights provided that the customer complies with all the terms and conditions of this agreement.
- a) Embedded software may only be used when operating the associated device, whilst solely embedded in the hardware and in the configurations as sold or subsequently upgraded by World Time Solutions Limited.
- b) For PC software where a licence fee is payable, the customer is granted a non-exclusive right to install and use ONE (1) copy of the supplied PC software on ONE (1) computer for which a licence is purchased from World Time Solutions Limited unless stated otherwise.
- c) The customer is granted the right to install PC interface software that is supplied free of charge with World Time Solutions Limited equipment on an unlimited number of computers when being used WITH the supplied equipment. The customer may allow an unlimited amount of users to access or otherwise utilise the services or functionality of the installed free of charge software.
4. Restrictions of Use.
The customer shall not:
- a) Modify, translate, reverse engineer or attempt to reconstruct, identify or discover any source code or algorithm, decompile, disassemble, create derivative works based on, or copy any World Time Solutions Limited software product.
- b) Share, rent, transfer, sell or distribute the software to any other person without prior written consent from World Time Solutions Limited.
- c) Remove, alter, obscure, interfere with any proprietary notices, labels, trade marks, names or marks on or contained within the product.
- d) Modify, incorporate into or with other software, or create a derivative work of any part of the software or product.
- f) Use this product for life critical medical, military, or other similar mission critical applications.
- g) Use the software for any purpose that is unlawful.
5. Termination of Agreement.
This software license is effective until terminated and is expressly for use on the equipment to which it was originally assigned. The licence will be null and void in the event of transfer to another party. Upon termination the customer must uninstall the software, and either destroy it and its associated documentation or return it to World Time Solutions Limited.
6. Additional Software.
This licence applies to updates, upgrades and any other additions to the original software unless World Time Solutions Limited provides other terms along with the additional software.
7. Changes to the Agreement.
World Time Solutions Limited reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any terms and conditions of this agreement when World Time Solutions Limited upgrades or develops new software. World Time Solutions Limited will post notification of any such changes to this Licence Agreement on their website and will post the revised version of this licence agreement at www.worldtimesolutions.com/software_licence. If future changes to this agreement are unacceptable to the customer or cause the customer to no longer be in compliance with this licence agreement, the licence may be terminated in accordance with section 5 of this agreement.
8. Limitation of Liability.
WORLD TIME SOLUTIONS LIMITED SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THIS SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DISRUPTION OF SERVICE, LOST PROFITS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES AND LOSSES.
9. Applicable Law.
This license agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom. If this licence agreement has been translated into a language which is not English and a dispute arises as to the meaning or translation of any term of this licence agreement, the interpretation of the English version shall prevail. Any disputes arising out of this licence agreement shall be resolved in accordance with the law of the United Kingdom.
Version 1.1 - effective date February 2012