ASHGEM SOFTWARE - all rights reserved.

LICENCE AGREEMENT

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE PURCHASING OR USING ANY SOFTWARE FROM ASHGEM SOFTWARE.

BY DOWNLOADING SOFTWARE, OR OPENING A SOFTWARE PACKAGE ORIGINATING FROM ASHGEM SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND ASHGEM SOFTWARE. THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND ASHGEM SOFTWARE. 

IF YOU DO NOT AGREE TO ITS TERMS DO NOT INSTALL OR OPERATE ANY SOFTWARE FROM ASHGEM SOFTWARE. PROMTLY DESTROY THE UNUSED SOFTWARE, OR RETURN THE PACKAGE AND THE OTHER ITEMS (INCLUDING WRITTEN MATERIALS, BINDERS OR OTHER CONTAINERS. AND HARDWARE. IF ANY) THAT ARE PART OF THIS PRODUCT TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.  IF DOWNLOADED FROM THE INTERNET, CONTACT ASHGEM SOFTWARE WITH PROOF OF PURCHASE. ONCE LEGAL OWNERSHIP HAS BEEN ASCERTAINED THE REFUND WILL BE MADE WHEN PROOF OF SOFTWARE DESTRUCTION CAN BE VERIFIED. 

1. GRANT OF LICENCE

In consideration of payment of the licence fee, which is a part of the price you paid for this product, ASHGEM SOFTWARE, as licensor, grants to you, the licensee a non-exclusive non-transferable right to use and display this copy of the Ashgem Software program (Software) concerned and accompanying written materials if applicable (hereinafter together called the "Software") on a single computer (i.e. with a single CPU) at a single location and NOT a server. You are granted no rights other than as expressly granted under this Agreement. 

2. OWNERSHIP OF SOFTWARE AND MEDIA

ASHGEM SOFTWARE retains title and ownership of all Ashgem Software programs regardless of the form of media in or on which the original and other copies may exist. 
A licence is not a sale of the original Software or any copy. This also applies to any additional media. 'Media' refers to photos, images, sounds and documentation supplied by ASHGEM SOFTWARE for use with this product.

3. RESTRICTIONS

3.1. As licensee, you may physically transfer the Software from one computer to another provided that the Software is used on only one Computer at a time(a). You may not electronically transfer the Software from one computer to another over a network(b). You may not distribute copies of the Software or accompanying written materials to others(c). You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software. You may not modify, adapt, translate or create derivative works based on the written materials without the prior written consent of ASHGEM SOFTWARE.

3.2. This Software is licensed only to you the licensee, and may not be transferred to anyone without the prior written consent of ASHGEM SOFTWARE. Any authorised transferee of the Software shall be bound by the terms and conditions of this Agreement. In no event may you transfer, assign, rent lease, sell or otherwise dispose of the Software on a temporary or permanent basis except as expressly provided herein.

4. TERMINATION 

This Agreement is effective until terminated. This Agreement will terminate automatically without notice from ASHGEM SOFTWARE if you fail to comply with any of its provisions. Upon termination you shall destroy the written materials and all copies of the Software including modified copies if any. 

5. WARRANTY AND LIABILITY

5.l ASHGEM SOFTWARE warrants to the original licensee that: 

5.1.1. the disk(s) or download file on which the Software is recorded are free from defects in materials and workmanship under normal use and service for a period of 30 days from the date of delivery as evidenced by a copy of the receipt; and

5.1.2. the hardware (if any) accompanying the Software is free from defects in materials and workmanship under normal use and service for a period of 30 days from the date of delivery as evidenced by a copy of the receipt. 

5.2 ASHGEM SOFTWARE's entire liability and your exclusive remedy as to the supplied disks, software or hardware shall be at ASHGEM SOFTWARE's option which shall either be the return of the purchase price or the replacement of the disk, software, or hardware, that does not meet ASHGEM SOFTWARE's limited warranty pursuant to sub-clause 5.1 above and which, is returned to ASHGEM SOFTWARE with a copy of the receipt. If failure of the disk, software, or hardware, has resulted from accident, abuse, or of misapplication, ASHGEM SOFTWARE shall have no responsibility to replace the disk, software, or hardware, or refund the purchase price. Any replacement disk, software, or hardware, will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

5.3 Save as expressly provided as sub-clauses 5.1 and 5.2 above ASHGEM SOFTWARE does not make to the licensee or to any third party any representation warranty or condition as to merchantability or fitness for a particular purpose of the Software (whether commercial or otherwise), and any other representations, conditions and warranties express or implied (whether by common law, statute collaterally or otherwise) are hereby expressly excluded.

5.4 ASHGEM SOFTWARE shall not under any circumstances, be liable to the licensee or to any third party for any consequential, incidental, indirect or special damage, even If ASHGEM SOFTWARE has been informed of the likelihood of such damage occurring. Including loss of business profits, business interuption, loss of business information and the likearising out of or in connection with the delivery, use or performance of the software. In no circumstances shall ASHGEM SOFTWARE liability howsoever arising hereunder exceed the purchase price paid for the product conferred.

5.5 No dealer, distributor, agent or employee of ASHGEM SOFTWARE is authorised in any way to vary or Increase the scope of this agreement, and you may not rely on any information or advice whether oral or in writing to such effect.

5.6 This Agreement does not affect or prejudice the right of a consumer, being a person acquiring the Software otherwise than in the course of business.

6. UPDATE POLICY
ASHGEM SOFTWARE may create from time to time updated versions of the Software. As its option, ASHGEM SOFTWARE will make such updates available to the Licensee and transferees who have paid any relevant update fee and registered their purchase with ASHGEM SOFTWARE.

7. INTELLECTUAL PROPERTY RIGHTS
Copyright and all other rights of whatever nature is and to the Software shall be and remain with ASHGEM SOFTWARE or its licenser. Unauthorised copying of the Software or any part of it including Software that has been modified, merged, or included with other software is expressly forbidden. You are liable to be held legally responsible for any copyright infringement and/or breach of contract that is caused or encouraged by your failure to abide by the terms of this Agreement. Subject to these restrictions, and if the Software is not copy-protected, you may take one (1) copy of the Software solely for back-up purposes. You must also reproduce and include the copyright notice on the back-up copy.

COMPLETE AGREEMENT AND VARIATION
8.1 This Agreement supersedes and cancels all previous agreements and working arrangements whether oral or written express or implied between the parties in respect of the licensing of the Software.

8.2 Any variation of any of the terms and conditions of this Agreement shall not be effective unless in writing signed by both parties (one of which a Director, or Chief Executive Officer on behalf of ASHGEM SOFTWARE).

9. HEADINGS
Clause and sub-clause headings are inserted is this Agreement for ease of reference only and accordingly neither the headings nor the layout form part of this Agreement for the purposes of interpretation or construction.

10. GOVERNING LAW AND JURISDICTION
The construction validity and performance of this Agreement shall be governed in all respects by English Law and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts in the event of legal proceedings arising from any dispute over any term or the whole of this Agreement which is not otherwise resolved.

11. ACKNOWLEDGEMENT
You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions.

ASHGEM SOFTWARE  
Ashgem House, 13 Four Oaks Rd. Tedburn St. Mary. Exeter. Devon. 01647-61426 (UK). 
Email :- contact@ashgemsoftware.co.uk     Web :- www.ashgemsoftware.co.uk