You are granted a non-exclusive, non-transferable licence to use the copy of the MindGenius software (‘the Software’) on the following terms and conditions:-
1. All rights in the Software remain the property of MindGenius Limited or its licensor and you acquire no title or interest in the Software other than the right to use it as detailed in this licence. You continue to be responsible for virus checking the Software. Support will continue to be provided by email by contacting our help desk at [email protected].
2. For MindGenius Business you may licence the Software on 2 (two) Personal Computers (PC). E.g. Business PC & Home PC or Business PC & Laptop PC. The Software can only be run on one PC system at any time. For MindGenius Education, you may licence the Software on 1 (one) PC. Should you require to transfer the licenced Software to additional PCs you shall require our express permission to do so, which permission shall not be unreasonably withheld.
3. You can treat the Software as an archival copy and make a back-up copy for regular use or vice-versa provided that copies are labelled as per the master disk. Otherwise the Software and all related materials are confidential information which you must not disclose (other than by way of a general description which does not disclose technical details), copy or reproduce in any manner or loan or in any way dispose of for profit or incentive or otherwise without our express written permission.
4. You must not alter, remove, obscure, conceal or otherwise interfere with any markings on or within the Software or the packing which refer to us and must not interfere with any other copyright notices.
5. You shall not decompile, disassemble or reverse engineer the Software in any manner and shall not interfere with any security devices, encryption, pass-words, embedded licence data or any other devices in or supplied with the Software unless permitted to do so by law. In the case of decompilation, however, you must abide by the following procedure. At first instance you should contact us to request the information required in order to achieve interoperability of the Software with your other hardware or software (the ‘Permitted Objective’). If we do not make this information readily available, you shall be entitled to decompile the Software only if it is essential to do so in order to achieve the Permitted Objective and only insofar as we have not made the information readily available.
6. Whilst we have used reasonable skill and care in designing the Software, it is supplied to you ‘as is’ and except insofar as the same cannot be excluded by law, no warranty is given by us (a) in relation to the Software or the uses to which it may be put or its fitness or suitability for any particular purpose or under any special conditions and/or (b) that the use of the Software and/or any other materials by you will not infringe any third party, copyright or other intellectual property rights.
7. We shall not be liable to you in respect of any costs, claims, losses, liabilities, damages and expenses incurred directly or indirectly in respect of the Software, the manual and/or any other materials (including but not limited to any consequential loss or loss of goodwill or revenue or anticipated savings or production) or any loss arising as a result of the Software ceasing to operate or containing any virus except insofar as such liability cannot be excluded by law. For the avoidance of doubt, we do not attempt to restrict or exclude liability for death or personal injury arising out of our negligence.
8. For the avoidance of doubt, we will be entitled to terminate this licence with immediate effect if you breach the terms of this licence at any time. Upon termination of this licence, you shall stop using the Software immediately and will destroy all copies of the Software in your possession and/or return, at our option, all copies to us.
9. In consideration of the grant of this licence, you shall be due to pay us a licence fee in the amount specified on our web site as at the date you accept these licence terms. Further details of our prices are also available in our sales and marketing materials. Payment shall be made either:
(a) by credit card by completing the on-line payment section of our Web site.
(b) by payment of an invoice issued by us without deductions of any kind within 14 days of the date of said invoice failing which we shall be entitled to charge interest at a rate of 5% p/a above the base lending rate of Royal Bank of Scotland plc from time to time on any sum outstanding from the date said sum became due until the date of payment. If you fail to pay any sum due to us on the due date, we shall be entitled without prejudice to any other rights or remedies which we may have to suspend without any liability to you the licence granted herein until such time as such sum is paid.
10. You shall not be entitled to assign your rights or obligations under this licence without our prior written consent. We shall be entitled to assign our rights and obligations hereunder as we deem appropriate. This licence shall be governed by the law of Scotland and you hereby submit to the non-exclusive jurisdiction of the Scottish courts. If any provision of this Licence is found to be invalid or unenforceable pursuant to any judicial decree or otherwise, the remainder of this licence shall remain valid and enforceable to its terms.