CONTACTMAKER DATABASES LIMITED
TERMS AND CONDITIONS FOR PROVIDING THE "CONTACTfile" SOFTWARE TO CLIENTS
In the following terms and conditions:
"The Company" means ContactMaker Databases Limited.
"Licensed Program" means the software program for "CONTACTfile" and its derivatives
"Licensed Program Materials" means the Licensed Program together with its supporting documentation.
1. The Company will provide the Licensed Program for a limited trial period free of charge only via the Company website. If the
Licensee requires modification to the Licensed Program, this will be carried out at an additional hourly charge
2. Further modification of the Licensed Program will be carried out under the Terms and Conditions for bespoke software development, copy available upon request
3. The Licensee will be responsible for installing the program, but the Company will do this on request at a charge to be agreed at the time of request
4. The Company will not be responsible for any fault arising from the following, and may, in its absolute discretion, refuse to provide technical Support to diagnose and rectify any fault arising therefrom:
4.1. the improper use, operation or neglect of either the Licensed Program materials or the equipment upon which they may be used
4.2. the modification of the Licensed Program or its merger (in whole or in part) with any other software
4.3. the use of the Licensed Program on incorrect or inappropriate equipment
4.4. the failure by the Licensee to implement recommendations in respect of or solutions to faults previously advised by the Company
4.5. any repair, adjustment, alteration or modification of the Licensed Program by any person other than the Company without the company's prior written consent
4.6. any breach by the Licensee of any of its obligations under any maintenance agreement in respect of existing computer equipment
4.7. the use of the Licensed Program for a purpose for which it was not designed.
5. The Program materials contain confidential information of the Company and all copyright trade marks and other intellectual property rights in the Licensed Program Materials are the exclusive property of the Company
6. The Licensee shall be entitled to make backup copies of the Licensed Program. Any such copies shall in all respects be subject to the terms and conditions of this agreement and shall be deemed to form part of the Licensed Program.
7. The Company shall not be liable to the Licensee in respect of any loss of profits, goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the Licensee as a result of action brought by a third party) even if such loss was reasonably foreseeable or the Company had been advised of the possibility of the Licensee incurring the same.
8. Risk in the Program materials will pass to the Licensee on the date they are actually delivered. If subsequently the Licensed Program Materials are (in whole or in part) destroyed, damaged, or lost the company will upon request replace the same subject to the Licensee paying its then prevailing charges.
9. The Licensee shall not be entitled to assign or otherwise transfer this agreement nor any of its rights or obligations hereunder nor sub-licence the use (in whole or in part) of the Licensed Program Material without the prior written consent of the Company.