THIS IS YOUR LICENCE AGREEMENT PLEASE READ IT AS YOU WILL BE BOUND BY ITS TERMS.
ACKNOWLEDGMENT:
By using FTGATE you acknowledge that you have read this licence agreement, understand it, and agree to be bound by its' terms and conditions. You also agree that the licence agreement is the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the limited warranty.
SOFTWARE LICENCE AGREEMENT:
SUBJECT OF AGREEMENT:
FLOOSIETEK hereby grants to the CUSTOMER in consideration of licence fees paid by the CUSTOMER, a non-assignable, non-transferable, non-exclusive licence to use FTGate on a single computer (for the single mailbox version) or on a single network server accessed by multiple computers (for the multi-user version) on the Terms and Conditions attached. Copyright and other intellectual property rights in FTGate shall at all times remain vested in FLOOSIETEK and the CUSTOMER's rights in FTGate shall be limited to those of a user licensed under the terms of this Agreement, such use to be limited to the CUSTOMER's internal business purposes only.
TERMS AND CONDITIONS:
(1) LIMITED WARRENTY
This software and accompanying written materials (including instructions for use) are provided "as is" without warranty of any kind. Further, FLOOSIETEK does not warrant, guarantee, or make any representations regarding the use, or the results of use, of the software or written materials in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the software is assumed by the CUSTOMER. If the software or written materials are defective the CUSTOMER, and not FLOOSIETEK or its dealers, distributors, agents, or employees, assumes the entire cost of all necessary servicing, repair, or correction.
The above is the only warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, that is made by FLOOSIETEK, on this FLOOSIETEK product. No oral or written information or advice given by FLOOSIETEK, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and the CUSTOMER may not rely on any such information or advice.
Neither FLOOSIETEK nor anyone else who has been involved in the creation, production or delivery of this product shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use such product even if FLOOSIETEK has been advised of the possibility of such damages.
(2) COPYING OF PROPRIETARY INFORMATION
The CUSTOMER agrees not to de-compile, reverse-engineer, reproduce, copy or duplicate any part or all of FTGate and to prevent its agents, employees, and representatives from de-compiling, reverse-engineering, copying or duplicating any part of or all of FTGate.
Should any portion of FTGate be de-compiled, reverse-engineered, copied or duplicated , the CUSTOMER shall immediately notify FLOOSIETEK of the
circumstances surrounding such event and shall assist FLOOSIETEK in enforcing its rights against any parties who are in violation of this Agreement.
Permitted exceptions to the above are for normal distribution purposes of the FTGate software, or for normal back up or archival purposes.
(3) TERMINATION
FLOOSIETEK may terminate this Agreement upon thirty days written notice if the CUSTOMER fails to comply with any of the terms and conditions of this Agreement. In the event of termination, the CUSTOMER shall immediately cease use of FTGate and at its own expense, remove from its computers all copies (including on-line, back-up and archival) of FTGate and destroy them.
(4) NON-TRANSFERABLE LICENCE
The CUSTOMER acknowledges that FTGate is the sole property of FLOOSIETEK and agrees not to assign, sub-licence or otherwise transfer FTGate in any manner without prior written consent of FLOOSIETEK
(5) BINDING AGREEMENT
Upon acceptance of this Agreement by both parties, this Agreement shall constitute the entire Agreement between the parties and shall supersede all other oral or written agreements or communications between the parties. FLOOSIETEK shall not be bound by additional provisions or provisions at variance herewith that may appear in the CUSTOMER's acknowledgement, purchase order, or in any other communication between the CUSTOMER and FLOOSIETEK.
(6) MODIFICATION/WAIVER
This Agreement may not be modified except by a written addendum signed by duly authorised representatives of both parties. No term or provision shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.
(7) ASSIGNMENT
The CUSTOMER shall not assign, sublicense, or otherwise transfer to any other party all or any part of this Agreement, any interest herein or any rights hereunder.
(8) NOTICES
All notices and other communications provided for or permitted under this Agreement shall be sufficient if contained in writing delivered by hand or registered certified mail or by facsimile addressed to the parties as set forth in this Agreement. Notification of critical errors concerning the FTGate Software should be communicated in writing to FLOOSIETEK by the other party. All such notices or communications shall be deemed received 2 working days after being sent. FLOOSIETEK reserves the right to communicate amendments to this agreement or all notices and other communications provided for or permitted under this Agreement by email to the other party.
(9) SURVIVAL
The CUSTOMER's obligations under paragraph (2) shall survive the termination of this Agreement.
(10) SEVERABILITY
If any provision of this Agreement shall be held void or unenforceable or contrary to English Law, such provision shall be deemed to have been excluded from this Agreement ab initio and shall not affect any other provision of this Agreement, the remainder of which shall be construed as if the excluded provision had never formed part of it.
(11) GOVERNING LAW
This agreement will be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
