Please read the terms and conditions of this license agreement (the License
)
before installing the Tensor software (the Software
). By installing the
Software you accept and agree to the terms of this License. This License
constitutes the entire agreement concerning the Software between you
(the Named User
, i.e. the person assigned to the license at purchase) and
Tensor plc (the Licensor
) and supersedes any prior proposal or
representation. The term Software
includes, and these terms and conditions
also apply to, any updates modifications, upgrades to the Software that you
may receive from time to time.
The Licensor owns the copyright in the Software contained within this package and all other copies, which you are authorised by this agreement to make. This Licence is personal to you as the purchaser of the Software and the Licence granted herein is for your benefit only.
As purchaser of the authorised copy of the Software, you, the Named User, may, subject to the following conditions :
The enclosed documentation (the Documentation
) may not be copied. You
agree that you will not sublicense, assign, transfer, pledge, lease, rent
or share your rights under this License except with prior written
permission from the Licensor. You agree that you will not modify, adapt,
disassemble, decompile, reverse engineer, translate or otherwise attempt
to discover the source code of the Software. The Licensor retains full
copyright in all files included in any package downloaded. Each product
will have its own individual license agreement, which must be accepted
before installation.
You acknowledge and agree that the Software and Documentation (the
Licensed Products
) are proprietary products of the Licensor under
international copyright law and disclosed to you by the Licensor in
confidence. You shall take all reasonable steps to safeguard the
Licensed Products. The Licensor owns and will retain all copyright,
trademark, trade secret and other proprietary rights in and to the
Licensed Products. This License conveys to you only a non-exclusive
and limited right of use, revocable in accordance with the terms and
conditions of this License. In the event that you fail to comply with
any terms and/or conditions hereof, this License shall terminate
automatically and the Licensor shall be entitled to all remedies in
accordance with applicable law.
The Licensor warrants that for your benefit alone, for thirty (30)
days from the day of delivery to you (the Warranty Period
) the
Software media, under normal use in a compatible execution
environment, will be free from defects in material and workmanship.
Any replacement program will be warranted for thirty (30) days from
the date of receipt by you. In no event may you bring any claim,
action or proceeding arising out of the warranty set forth in this
Clause 4, more than six (6) months after the date on which the
breach of warranty occurred.
Except for the above express limited warranty, the Licensor disclaims any and all other warranties, express or implied, including any implied warranties of merchantability or fitness for particular purpose. The Licensor does not warrant that the Software, its use, operation or your ability to use the Software will be uninterrupted or error-free or that all Software errors will be corrected. The warranty set forth above shall not apply to any defect or problems caused by any defect in any hardware or software used in combination with the Software, or use of the Software in execution environments not specified in the Documentation. The Licensor does not warrant that the Software or service will meet your requirements or that the operation of the Software will be uninterrupted or error free. The Licensor's limited warranty is void if a breach of the warranty has resulted from :
You agree that if, during the Warranty Period, a defect in the Software media appears, your exclusive remedy will be, in the Licensor's sole option, to replace the media, to credit the amounts paid by you to the Licensor, if any, and terminate this License. This remedy is subject to the return of all copies of the Licensed Products.
In no event shall the Licensor be liable for any damages to you or any other party whether arising out of contract or from tort including loss of data, profits or business or other special, incidental, exemplary or consequential damages, even if the Licensor has been advised of the possibility of such loss or damages. The Licensor's cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This section shall survive termination of this License.
In the event that any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or the Licensor from any relevant competent authority, the Licensor shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or at our discretion such provision may be severed from this agreement and the remaining provisions of this agreement shall remain in full force and effect.
This agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this licence agreement.