FIELDNOTES - End-User Licence Agreement.
PLEASE READ THE TERMS AND CONDITIONS SET OUT BELOW CAREFULLY. To continue installing or using the software you must agree to accept the following Agreement.
By downloading, installing, copying, accessing or otherwise continuing to use the Software Product, You agree to be bound by the terms and conditions of this Agreement.
If You do not agree to the terms of this Agreement, then Green Man Software is unwilling to license the Software Product to You. Do not install, access or use the Software Product. Instead You must promptly delete all electronic copies of the software and return any media and documentation within thirty (30) days of purchase, in good condition and with proof of payment, to the place of purchase for a full refund.
This Software Product is protected by copyright laws and international copyright treaties. Do not copy or use this software illegally!
The following words, phrases, or terms used in this Agreement shall have the following meanings:
(a) "Device" means any computer, workstation, terminal, or other digital electronic device.
(b) "Software" means the actual copy of all or any portion of GMS's proprietary database software technology, computer software code, components, dynamic link libraries (DLLs), and programs delivered on any media, inclusive of backups, software updates or merged copies permitted herein or subsequently supplied under this Agreement.
(c) "Data" means all GMS and third party supplier(s) digital data set(s) supplied under this Agreement including, but not limited to, digital database and library resources, tabular data compilations, vector data coordinates, raster images, or associated tabular attributes in GMS software compatible format(s).
(d) "Documentation" means all of the printed and digital materials supplied under this Agreement including, but not limited to, user documentation, training documentation and technical information / briefings.
(e) "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognised in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
(f) "Registered Version" means a copy of the Software Product which has been registered with GMS.
(g) "Evaluation Version" means a functional version of the Software Product designed to allow use for a limited trial period without a Registration Key before purchasing.
(h) "Licence Manager" means the nondestructive licence management software program, comprised of a confidential software keycode or hardware key, which controls the distribution of the licenced Software to end user(s).
The Software Product may be obtained as try-before-you-buy software under the Shareware Evaluation terms of this Agreement. These terms permit a limited shareware trial period, which allows you and others to try the Software Product before you buy it. The length of the trial period is set forth during the activation process. There is no fee for downloading or otherwise obtaining the Software Product for the purpose of shareware evaluation; however, copies obtained this way do not include a Registration Key.
You may use the Software Product for the trial period without registering it. During the trial period, the Software Product will remind you that it is unregistered each time you use it. At the end of the trial period You must purchase a Registration Key if you want to continue using the Software. Alternatively, if you decide for any reason that you do not want to purchase a Registration Key, you must stop using the Software Product and remove it from your computer.
To use the Software Product beyond the trial period You must register the Software and purchase a Licence Key, either from the GMS website using the software’s ‘Licence details’ panel or directly from GMS at the address given below. Upon confirmation of payment, you will receive a Licence Key by email or post. You must enter this Licence Key into the software's ‘Licence renewal’ panel to register your copy of the Software Product for the relevant term. Registration also provides You with access to updated versions of the Software Product, related resources and various other benefits.
The Registered Version of the Software Product is licensed on a subscription basis. Your rights under this Agreement are limited to the subscription period for which You have paid GMS the appropriate sum. At the end of the subscription period You will have the opportunity to extend Your subscription if You wish to continue using the Software Product. If you allow your subscription to expire your licence to use the Software Product may be suspended and most features of the Software will cease working. However You may reactivate the Software at a later date by renewing your subscription. The GMS website (http://www.greenmansoftware.co.uk/) lists the various types of licence available together with respective subscription costs.
SOFTWARE PRODUCT LICENCE
1. RESERVATION OF TITLE, OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The Software Product is commercial computer software developed exclusively at private expense, and in all respects is proprietary data owned by Green Man Software Ltd, its licensors and suppliers. This Agreement is not for the sale or transfer of ownership of the Software Product or any other intellectual property, in whole or in part. Regardless of the media on which it is distributed, the Software Product is licensed, not sold.
The Software Product is protected by UK copyright laws aswell as international international laws, treaties, and conventions regarding intellectual property or proprietary rights. Green Man Software Ltd and its suppliers retain all right, title and interest in and to the Software Product and all Intellectual Property Rights therein including, but not limited to, images, photographs, animations, video, audio, text and other content incorporated into the Software Product, the accompanying printed materials and related "online" resources. Green Man Software Ltd reserves all rights not expressly granted herein to all copies of the Software, Data, and Documentation licensed under this Agreement. From the date of receipt, You agree to use reasonable effort to protect the Software Product from unauthorised use, reproduction, distribution, or publication.
If this Software Product contains documentation that is provided only in electronic form, You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.
This software product contains Ordnance Survey data © Crown copyright and database right 2013 (OS OpenData licence).
2. GRANT OF LICENCE
This section of the Agreement describes Your general rights to install and use the Software Product. Your Licence rights are subject to all other terms and conditions of this Agreement.
Green Man Software Ltd grants You the following limited non-exclusive evaluation Licence for the duration of the trial period:
(a) You may install one (1) copy of the Software Product (including any prior version of the same Software Product) on a single Device and use in accordance with the terms and conditions described herein.
In consideration of Your payment of the applicable fee(s), Green Man Software Ltd grants You the following limited non-exclusive temporary Licence for the duration of the subscription period:
(a) You may install one (1) copy of the Software Product (including any prior version of the same Software Product) on a single Device and use in accordance with the terms and conditions described herein and the licensed configuration.
(c) You may download revisions and upgrades to the Software Product as and when GMS publishes such via its website or through other online services. Such revisions or upgrades may be requested on alternative media; however GMS may, at its discretion, charge a fee for alternative means of delivery.
You are required to have one (1) valid licence for each Device on which the Software Product is used. Virtual Machines are considered to be a separate Device in this context. A licence for the Software Product may not be shared or used concurrently on different Devices unless expressly permitted by this Agreement.
The Software Product is licensed to You on a temporary (subscription) basis which requires renewal at fixed intervals. After the temporary Licence Period has expired Your rights under this Agreement shall be suspended. You will need to purchase a further subscription to continue to use the Software Product.
SCOPE OF USE (ALL VERSIONS)
- make one (1) copy of the Software Product for archival purposes during the term of this Agreement, provided that the copy You make contains all proprietary notices relating to the Software Product. Additionally You may make routine backups of the Software Product;
- customise the Software using any macro or scripting language, but only to the extent that such customisation is described in the Documentation;
- use, copy, or prepare derivative works of the associated digital Data only in accordance with the conditions of ownership and intellectual property rights herein. Derivative works containing portion(s) of the digital Data shall continue to be subject to the terms and conditions of this Agreement, and must be accompanied by the following copyright attribution notice acknowledging the proprietary rights of GMS: "Portions of this data include intellectual property of Green Man Software and are used under licence. Copyright (c) <year> Green Man Software Ltd. All rights reserved.", and;
- use, copy, or prepare derivative works of the Documentation supplied in digital format, and thereafter reproduce, display, and redistribute the customised documentation only for Your own internal use. The portion(s) of the Documentation merged with other software and printed or digital documentation shall continue to be subject to the terms and conditions of this Agreement and shall provide the following copyright attribution notice acknowledging the proprietary rights of GMS: "Portions of this document include intellectual property of Green Man Software and are used under licence. Copyright (c) <year> Green Man Software Ltd. All rights reserved.";
Uses Not Permitted.
You shall not and shall not allow anyone else to:
- use the Software Product except under the terms provided herein;
- make unauthorised copies of the Software Product or circumvent any copy protection technology included in the Software Product;
- supply, distribute or otherwise disclose Your registration details, Licence Key or other confidential Licensing information to any third party;
- make any attempt to circumvent the technological measure(s) (e.g., Licence Manager, etc.) that control access to or use of the Software Product;
- sell; rent; lease; sublicense; lend; loan; assign; share (over a network or otherwise); or act as a service bureau or Application Service Provider (ASP) that allows third party access to the Software Product except as provided herein;
- adapt, modify, merge, disable or otherwise impair the functionality of the Software, in whole or in part, except through implementation of the uninstall instructions provided;
- reverse engineer, decompile, disassemble or translate the Software Product (except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction) or create derivative works based on proprietary information contained in the Software Product;
- remove or obscure any proprietary notices or labels (including but not limited to patent, copyright or trademark notices) contained in or affixed to the Software Product, or;
- misuse or abuse the related "online" resources in such a way that could harm them or impair anyone else's use of them.
Green Man Software grants You a non-exclusive limited licence to reproduce and distribute the Evaluation Version of the Software Product in unmodified form to third parties by electronic means, providing that:
- the Software Product is distributed in entirety with all associated documentation;
- the trademarks and labels of GMS are displayed prominently on all notices, packaging and associated materials;
- You make no claim on software derivation other than included in this Agreement;
- the Vendors licensing terms (this Agreement) is included in unmodified form in accompanying materials;
- You obtain written permission from GMS prior to publishing the Software Product in any form (eg. books, magazines, ezines), and;
- You agree to indemnify, hold harmless and defend GMS and its suppliers from and against any damages, costs, liabilities, settlement amounts and/or expenses (including lawyers’ fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of the Software Product.
You are specifically prohibited from charging or requesting donations for any such copies however made, and from distributing the Software Product in whole or in part with other products (commercial or otherwise) without prior written permission.
Before distributing the Software Product, please ensure that You have the latest version of the Software Product and You have read the notices relating to distribution at the vendors website: http://www.fieldnotes.co.uk/notices/REDISTRIBUTION.htm.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Separation of Component Parts.
The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Device unless expressly permitted by this Agreement.
The Software Product may contain multiple copies and/or versions of this Agreement (for example in the software and in the User Documentation). In this case You are only licenced to use one (1) copy of the Software Product. The provisions of any copy or version of the Agreement within the Software Product supersede printed copies of the Agreement distributed with the Software Product.
The Software Product may be provided with certain "Samples" intended to demonstrate use of the Software Product or provide a base starting point for use of the Software Product. Samples include scripts, macros, clip libraries, syntax definition files, tabular data compilations or similar items. If Samples are provided, they are considered part of the Software Product for purposes of this Agreement. However, You may use and create derivative works from Samples, provided that You do so in conjunction with Your use of the Software Product, and that You maintain any copyright notices that may be incorporated within the Samples.
Use of Support Services is governed by the GMS policies and programs described in the electronic and "online" documentation and other provided materials. Any supplemental software code provided to You as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this Agreement. You acknowledge and agree that GMS may use technical information You provide as part of the Support Services for its own business purposes, including for product support and development. GMS will not utilise such technical information in a form that personally identifies You.
Upgrades and Updates.
If this Software Product is labelled as an Upgrade or Update or is distributed or used as such then it may only be used as a supplement to an existing Registered Version of the Software Product. If You are installing the Software Product as an upgrade, update, patch or enhancement of a prior release of the same Software Product which was installed on the same Device, Your rights under the prior licence Agreement for the Software Product are terminated and all of Your use of the Software Product (including its prior versions) are solely under the terms of this Agreement.
Reassign to another device.
You may reassign the licence to a different device any number of times, but not more than one time every 90 days. If you retire the licensed device due to hardware failure you may reassign the licence sooner.
To use the Software Product with an 'Academic' type licence, You must qualify as an "Educational User". In most cases an "Educational User" is defined as an employee of a recognised educational establishment. If you are unsure whether You qualify as an Educational User please examine the criteria set out in the Documentation and associated "online" resources, or contact GMS at the address given below.
4. TERM AND TERMINATION
The licence granted to You by this Agreement shall commence upon the acceptance of this Agreement and shall remain effective until terminated as set forth herein. You may terminate this Agreement at any time by destroying all copies of the Software Product. Your rights under this Agreement will terminate automatically if You fail to comply with any of the terms and conditions set out herein. No notice will be required from GMS to effect such termination. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
Within ten working days of the termination of this Agreement for any reason, You agree to uninstall, remove, and destroy all Software, Data, and Documentation, and any whole or partial copies, modifications, or merged portions in any form. Relevant procedures for uninstalling the Software Product are described in the accompanying documentation.
Your Licence to use the Software Product may be automatically suspended if You fail to make payment of the subscription fee which becomes due under this agreement or fees dues under any other contract with GMS. In such an event Your rights under this Agreement cease automatically without notice from GMS.
Upon the expiration of the Evaluation Term (if any), Your rights under this Agreement terminate automatically without notice. Evaluation Versions of the Software Product may include software code intended to disable functionality after the expiration of the Evaluation Term. You may take no actions to circumvent the operation of such disabling code, and You accept all risks that might arise from such disabling code.
If You converted an Evaluation Version installation of the Software Product to a non-Evaluation Version of the Software Product by authorised use of the conversion mechanism provided with the Software Product (resulting in a "Full-licence Version"), the relevant licences granted under this Agreement commence upon the installation of the Software Product and are effective henceforth unless terminated per the terms of this Agreement.
5. SOFTWARE TRANSFER
You may permanently transfer all of Your rights under this Agreement (except if Your rights are in an Evaluation Version), provided that: (i) You transfer the entire Software Product (including all component parts, the media and printed materials, any prior versions, upgrades, and this Agreement); (ii) the recipient agrees to be subject to the terms of this Agreement, and; (iii) You uninstall, remove, and destroy any whole or partial copies of the Software, Data, or Documentation. Such a transfer may not be by way of consignment or any other indirect method. Upon the occurrence of such a transfer, Your rights under this Agreement terminate immediately.
6. LIMITED WARRANTIES AND DISCLAIMERS
GMS warrants that for a period of ninety (90) days from the later of the date of delivery of the Software Product or keycode issuance to You (i) the media upon which the Software Product is provided will be free from defects in materials and workmanship under normal use and service, and (ii) if properly installed and operated on a computer for which it is designed, the unmodified Software will perform substantially in accordance with the accompanying materials. This warranty is limited to the original Licencee only and is not transferrable. The Limited Warranty is rendered void if the defect has resulted from accident, abuse or mis-application.
EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 6 ABOVE, GMS DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, ACCURACY OF INFORMATION, LACK OF VIRUSES, SYSTEM INTEGRATION, NON-INFRINGEMENT AND PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES. GMS DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET YOUR NEEDS, OR THAT YOUR OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. FURTHERMORE GMS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OBTAINED BY USING THE SOFTWARE, DATA, OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE PRODUCT.
ANY RESELLER, DISTRIBUTOR OR DEALER (INCLUDING AUTHORISED RESELLERS) FROM WHOM YOU MAY HAVE PURCHASED A LICENCE FOR THE SOFTWARE PRODUCT IS EXPRESSLY NOT APPOINTED OR AUTHORISED BY GMS AS OUR SERVANT OR AGENT. NO SUCH PERSON HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO ENTER INTO ANY CONTRACT OR PROVIDE ANY ADDITIONAL WARRANTY OR GUARANTEE ON BEHALF OF GMS, OR OTHERWISE BIND GMS IN ANY WAY WHATSOEVER.
The entire liability of GMS and Your exclusive remedy for breach of the limited warranties set forth in this section shall be limited at GMS's sole discretion to: (i) replacement of defective media; (ii) repair, correction, or a workaround for the Software Product; or (iii) return of any licence fees paid by You for the Software Product that do not meet GMS's Limited Warranty provided that You uninstall, remove, and destroy all copies of the Software, Data, or Documentation and provide GMS with a declaration to such effect. Defective media must be returned to GMS at Your own expense with a copy of Your original receipt. Replacement Software shall be warranted for the remainder of the original warranty period or 30 days, whichever is longer. YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, IF THE SOFTWARE PRODUCT DOES NOT MEET GMS' LIMITED WARRANTY, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. GMS will use reasonable commercial efforts to repair, replace advise or, for individual customers, refund in accordance with limited warranties set forth in this section within 30 days of being so notified.
Evaluation software is provided without warranty of any kind. The entire risk as to the quality and performance of the Software is borne by You. Should the Software prove defective, You and not GMS assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement.
YOU THE LICENCEE EXPRESSLY ACKNOWLEDGE AND AGREE THAT EVALUATION SOFTWARE IS DELIVERED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, ACCURACY OF INFORMATION, LACK OF VIRUSES, SYSTEM INTEGRATION, AND NON-INFRINGEMENT.
If Your licence is for an Evaluation version of the Software Product, Your exclusive remedy for any breach of this Agreement shall be to terminate Your rights under this Agreement.
Updates and Supplements.
Any supplements or updates to the Software Product, including without limitation, any (if any) service packs or hot fixes provided to You after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
Data included under this Agreement have been obtained from sources believed to be reliable, but may contain nonconformities, defects, errors, or omissions. GMS is not inviting reliance on these Data. You should always verify actual data that You use.
GMS DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY INFORMATION, DATA, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE SOFTWARE PRODUCT, THAT THE DATA WILL MEET YOUR EXPECTATIONS OR NEEDS, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED.
7. LIMITATION OF LIABILITY
Applicability of Disclaimers and Limitations.
Because computer software is inherently complex and may not be completely free of errors, it is Your responsibility to verify Your work and to make backup copies, and GMS will not be responsible for Your failure to do so. The parties agree that GMS has set its prices and entered into this Agreement in reliance upon the disclaimers and limitations set forth herein, and that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and form an essential basis of the bargain between the parties. You, the Licencee, agree that the limitations of liability and disclaimers set forth in this Agreement will apply regardless of whether You have accepted the Software Product or any other product or service delivered by GMS.
Disclaimer of Liability.
IN NO EVENT SHALL GREEN MAN SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: COSTS OF BUSINESS INTERRUPTION; FAILURE TO MEET ANY DUTY; PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; LOSS OF CONFIDENTIAL OR OTHER INFORMATION; LOSS OF ANY GOODWILL; LOSS OF PRIVACY; COMPUTER FAILURE OR MALFUNCTION) ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT, DATA, OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT GMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
GREEN MAN SOFTWARE SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SOFTWARE PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
General Limitation of Liability.
GREEN MAN SOFTWARE’S AND ITS SUPPLIERS’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS LICENCE, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT (IF ANY) PAID BY YOU FOR THE SOFTWARE PRODUCT PURSUANT TO THIS AGREEMENT.
8. DATA INDEMNITY
All title and intellectual property rights in and to the content that is not contained in the Software Product but which may be accessed through use of the Software Product is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no rights to use such content.
The Software Product is designed to assist You in combining and reproducing certain materials in which You either own the copyright or have obtained permission to copy from the copyright owner (including, but not limited to, photographs, images, spatial datasets and maps). Unless You own the copyright or have permission to reproduce all such materials wholly or in part, You may be violating copyright law and subject to payment of damages and other remedies if You reproduce such materials or incorporate them in derivative works. If You are uncertain about your rights, You should contact Your legal advisor.
The Software Product is designed to assist You in collating and publishing spatial data-sets, which may include components (including, but not limited to, species, biotypes and sites) with protected or restricted status. You must ensure that by making available or publishing data You do not violate any relevant environmental or other restrictions. If You are uncertain about your rights, You should contact a specialist advisor.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GMS, ITS LICENSORS AND SUPPLIERS AGAINST ANY CLAIM OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSSES, DAMAGES, FINES, JUDGMENTS AND REASONABLE EXPENSES (INCLUDING SOLICITORS FEES AND COSTS) ARISING FROM USE OF THE SOFTWARE PRODUCT.
Data Protection Act.
The Software Product is designed to allow You to store certain personal information which may be relevant to the Data Protection Act. If You collect or process personal data using the Software Product, You must ensure that You take adequate steps to meet the requirements of the Data Protection Act.
You assume full responsibility for using GMS products in a legal and responsible manner.
9. GENERAL PROVISIONS
The failure or delay of either party to enforce any provision of this Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
If any part of the Software Product becomes the subject of a claim for infringement GMS reserves the right to suspend Your rights to use the affected part until a determination of the claim is made. Such a suspension of rights will be effective immediately upon GMS’s posting of an email notice to such effect to the Licencee and/or displaying notice to such effect in the Software Product online resources. Upon a final determination being made, GMS may at its sole discretion lift the suspension of rights or supply an update to the Software Product incorporating such modifications as it deems necessary to the affected part.
Survival of Terms.
The provisions of articles 5, 6, 7, 8 shall survive the expiration, cancellation or termination of this Agreement for any reason.
GMS reserves the right to modify, adapt or improve the Software Product and may, but is not required to, provide You with updates from time to time. You acknowledge that at Your request or consent optional features of the Software may download, install, and execute applets, applications, software extensions, and updated versions of the Software from GMS which may require You to accept updated terms and conditions for installation. If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of this Agreement.
Third Party Works.
GMS's licensors and suppliers are intended third party beneficiaries of this Licence and have the express right to rely upon and directly enforce its terms.
The Software Product contains features and functionality that allows You to protect sensitive information on Your computer. You will be required to provide a password (and optionally a challenge question) in order to encrypt and protect such information. You acknowledge that the level of encryption used by the Software Product should protect Your information from the average computer user; however the encryption may be broken by sophisticated users, certain software programs and government entities. In the event that You lose or cannot remember the password and the answer to the challenge question, or if Your hard drive develops bad sectors or fails, You will not be able to recover the information You have encrypted. GMS accepts no responsibility for information lost or made unavailable through use of encryption features in the Software Product.
High Risk Activities.
The Software Product is not fault-tolerant and is not intended for use in hazardous environments.
GMS reserves the right to amend any of the terms of this Agreement by (i) providing written notice to You of such amendments; and/or (ii) displaying such amendments or an amended copy of this Agreement on the FieldNotes website (http://www.fieldnotes.co.uk/notices/) at least 14 days prior to the effective date of the change. Please review the Agreement regularly to ensure that You are familiar with any amendments and that they are acceptable to You. Without limiting the methods by which You may accept such amended terms, You acknowledge and agree that Your ongoing use of the Software Product after You are made aware of any amended terms to this Agreement will constitute Your acceptance of such changes.
If You do not agree to any amendments made by GMS to the terms of this Agreement, then You must uninstall the Software from Your computer and cease any further use of the Software. In such circumstances, You may also contact GMS to determine if You are eligible for a refund or partial refund of any purchase price in respect of the Software (subject to any conditions which GMS may place in respect of paying such a refund).
You are required to register a valid email or contact address with GMS for the term of the Agreement. GMS will use the contact details to advise You of updates or changes to the Software Product, this Agreement and other related information.
10. INTEGRATION AND AMENDMENTS.
This Agreement constitutes the entire and exclusive agreement between You and GMS relating to the subject matter set forth herein, and supersedes all prior or contemporaneous communications, proposals, agreements, understandings, and arrangements (whether written or oral) and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to the subject matter of this Agreement.
If for any reason any provision of this Agreement is held to be unenforceable or invalid under applicable law, then the validity of the remainder of the terms will not be affected, and (i) without further action by the parties hereto, such provision shall be reformed only to the extent necessary to make the intent of the language valid and enforceable; or (ii) if necessary this Agreement will remain in effect with the provision omitted.
No modification of this Agreement will be binding, unless in writing and signed by an authorised representative of each party. Any rights not expressly granted in this Agreement are reserved.
Headings and grouping in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
11. APPLICABLE LAW.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY DOWNLOADING, INSTALLING, COPYING ONTO YOUR HARD DRIVE, ACCESSING OR OTHERWISE USING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement is governed by the laws of the United Kingdom. Your statutory rights are not affected.
12. GENERAL NOTES
If you have any questions concerning these terms and conditions, or if you would like to contact GMS for any other reason, please visit our website or contact us at the address below.
Green Man Software Ltd.
Phone: +44 (1993) 842061
Fax +44 (1993) 842061
Company No: 3919947
Registered Office: 11 Lime Tree Mews, 2 Lime Walk, Headington, OXFORD. OX3 7DZ
Green Man Software Ltd respects your privacy.
EULA version: 1.0
Effective date: 4th October 2012.
Copyright (c) 2010 Green Man Software Ltd. All rights reserved.