Shrinkwrap licence

Terms And Conditions Of Licence

Before opening this package please read carefully the enclosed Licence. By inserting the CHASM disk into your computer indicates you accept the terms of the Licence. If you do not accept such terms you should within 14 days of purchase return the Software with its documentation unused and with this label intact to your supplier together with proof of purchase for a full refund.

1. LICENCE
1.1 The Licensor whose name is set out in the Schedule to this Licence ("the Licensor") hereby grants you a non-exclusive licence to use the software ("the Software") stored on the media enclosed in this software package and the accompanying documentation on the following terms.
1.2 The copyright and all other rights in the Software and the accompanying documentation remains with the Licensor.

2. ACCEPTANCE
You are deemed to accept the terms of this Licence by inserting the disk into your computer. If you do not wish to accept these terms, you should within 14 days of purchase return the software package, with its documentation, unused and with the seal on the software package storage media intact, to your supplier together with proof of purchase for a full refund.

3. SCOPE OF LICENCE
3.1 This Licence permits you to:
3.1.1 use the Software on a single computer which is under your personal control;
3.1.2 transfer the Software to someone else, provided that you assign all of your rights and obligations under this Licence to such other person, you erase all copies of the Software under your control and stored on any medium (including the hard disk copy and any back up copy), and the other person agrees to the terms of this Licence;
3.1.3 make one copy of the Software for back-up purposes only, which copy must reproduce and include the Licensor's copyright notice.
3.2 You shall not:
3.2.1 use or copy the Software other than as permitted by this Licence;
3.2.2 use the Software on any computer, system or network which permits electronic access to the Software by more than one user at a time;
3.2.3 modify, adapt, merge, translate, decompile, disassemble, or reverse engineer the Software, except only to the extent that the applicable law provides that such cannot be prohibited.
3.2.4 use, sell, assign, rent, sub-license, loan, mortgage, charge or otherwise deal in any way in the Software or its accompanying documentation or any interest in them or under this Licence except as expressly provided in this Licence.

4. TERM
4.1 Unless terminated under clause 4.2 this Licence, shall last for as long as you continue to use the Software.
4.2 This Licence shall terminate automatically if you fail to abide by any of its terms.
4.3 Upon termination of this Licence you shall destroy the Software and its accompanying documentation and shall erase all copies of the Software under your control and stored on any medium.

5. WARRANTIES AND REMEDIES
5.1 The Licensor warrants that the storage media on which the Software is supplied will be free from defects in materials and workmanship under normal use for a period of ninety (90) days after the date of original purchase. If a defect in any disk occurs during such period you may return it with proof of purchase to the Licensor who will replace it free of charge.

5.2 The Warranty set out in clause 5.1 is your sole warranty and is in place of all warranties conditions or other terms expressed or implied by statute or otherwise, all of which are hereby excluded to the fullest extent permitted by law. Clauses 5.1 also sets out your sole remedies for any breach of the Licensor's warranties. In no event shall the Licensor's liability exceed the amount you paid for the Software.
5.3 In particular the Licensor does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that all errors in the Software can be corrected. You load and use the Software at your own risk and in no event will the Licensor be liable to you for any loss or damage of any kind (except personal injury or death resulting from the Licensor's negligence) including lost profits or any indirect incidental or other consequential loss arising from the use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise, except as expressly provided in this Licence.
5.4. The Licensor accepts no responsibility for the accuracy of the results obtained from the use of the Software. In using the Software you are expected to make final evaluation in the context of your own problems.
5.5 Save as otherwise provided in this Licence you acknowledge and warrant that you are not in reliance on any statements warranties or representations which may have been made by the Licensor or your supplier or by anyone acting or purporting to act on behalf of any of them. All representations statements express or implied statutory or otherwise in respect of the software are expressly excluded.

6. LAW
This Licence, which constitutes the entire agreement between you and the Licensor relating to the software, is governed by English law.

SCHEDULE
If you have any questions concerning this Agreement, please contact:

Malcolm Anderson
Bristol Innovations Software Sales Limited
Phone: +44 (0) 117 929 7871
Fax: +44 (0) 117 928 7878
Email: CHASM-env@bristol.ac.uk

Registered Office: Third Floor
St. Bartholomews
Lewins Mead
Bristol BSl 2NH
UK