Terms & Conditions
IT IS IMPORTANT THAT YOU CAREFULLY READ THIS NOTICE BEFORE OPENING THIS PACKAGE. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (the "AGREEMENT")WHICH CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN THE LICENSOR, CMRGroup.com Limited (HEREAFTER "CMR"), AND THE LICENSEE, (HEREAFTER "YOU")
The Risk Evaluation software (hereafter Risk-E) is a jointly owned asset of CMR, and Computable Functions Limited (CFL). This Agreement applies only to Risk-E; it does not apply to other products or services of either CMR or CFL.
1 THIS AGREEMENT
1.1 In this Agreement the phrase "Software" means Risk-E and all associated media, printed materials, "online" or electronic documentation and bundled software.
1.2 The Software is licensed, not sold, to You for use only under the terms of this Agreement. CMR, CFL and their licensors reserve any rights not expressly granted to You. Your rights of ownership are limited to the media on which the Software is recorded or fixed.
1.3 By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement You must not use the Software and must immediately delete any and all copies of the Software in Your possession.
2 GRANT OF LICENSE
2.1 CMR hereby grants to You the following non-exclusive rights in respect of the Software subject to Your fulfillment of the relevant criteria. The rights granted to You are personal and non-transferable.
2.2 Single User License. You may use the Software on a single computer for Your personal, educational or business use PROVIDED THAT You have obtained from CMR a Single User License file. Under this Single User License You may also install the Software on a second computer, for example a home computer or laptop, provided that You are the sole user of both computers and that you do not allow concurrent use of the Software by more than one individual.
3 YOUR OTHER RIGHTS AND OBLIGATIONS
3.1 Save as expressly set out in this Agreement, You may not copy, reproduce, publish, rent out, lease, modify, create derivative works from the Software nor may You remove any proprietary notice, labels, or marks on the Software. Unless permitted by law, You may not modify, adapt, reverse engineer, decompile, disassemble, create derivative works based on, or copy the Software.
3.2 You undertake not to export the Software or any part thereof to any country, person, entity or end user subject to any export restrictions applicable to You.
4 RESERVATION OF RIGHTS
Save as expressly set out in this Agreement You may not copy, reproduce, publish, transmit, rent out, lease, modify, publicly display or publicly perform the Software nor may You remove any proprietary notice, labels, or marks on the Software. Unless permitted by law, You may not modify, adapt, reverse engineer, decompile, disassemble, create derivative works based on, or copy the Software.
5 INTELLECTUAL PROPERTY RIGHTS
The Software is protected by copyright and other intellectual property laws and international treaties. Title to, ownership of, and all rights and interests in and to each and every part of the Software, (including all copyrights, trade marks, patent rights or any other intellectual property rights of whatever nature), and all copies thereof shall remain at all times vested in CMR, CFL or its licensors.
6 LIMITATION ON AND EXCLUSION OF DAMAGES
6.1 YOU CAN RECOVER FROM CMR. AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to anything related to the Software, services, content (including code) on third party Internet sites, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the Software does not fully compensate You for any losses; or CMR. knew or should have known about the possibility of the damages.
6.2 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. They also may not apply to You because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
7 LIMITED WARRANTY
7.1 LIMITED WARRANTY. If you follow the instructions, the Software will perform substantially as described in the CMR. materials that you receive in or with the Software.
7.2 TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR 90 DAYS AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THOSE 90 DAYS, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to You. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
7.3 EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by Your acts (or failures to act), the acts of others, or events beyond CMR's reasonable control.
7.4 REMEDY FOR BREACH OF WARRANTY. CMR. WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF CMR. CANNOT REPAIR OR REPLACE IT, CMR. WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF CMR. CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO CMR. WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
7.5 CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
7.6 WARRANTY PROCEDURES. You need proof of purchase for warranty service. For warranty service or information about how to obtain a refund for the Software please write to:
CMRGroup.com Ltd.
Bridge House
74 Broad Street ,
Teddington,
Middlesex
TW11 8QT
United Kingdom
Tel +44 20 8274 5000
Fax: +44 20 8274 5020
Email: info@risk-e.net
7.7 NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM CMR. CMR GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, CMR EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If Your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, Your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by Your local laws.
7.8 LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
8 TERMINATION
8.1 In the event that You fail to comply strictly with the terms and conditions of this Agreement, this Agreement shall terminate forthwith without prejudice to any other remedies which CMR. may have.
8.2 In the event that You wish to terminate this Agreement, You may do so at any time by ceasing to use the Software.
8.3 You hereby agree that, in the event of termination of this Agreement for any reason, You will forthwith destroy or irretrievably delete all copies of the Software, including modified copies, in Your possession or control.
9 UPDATE POLICY
CMR may from time to time create updated versions of the Software and may, at its option, make such updates available to You.
10 GENERAL TERMS
10.1 Irrespective of the country in which the Software was acquired the construction, validity and performance of this Agreement shall be governed in all respects by English law and You agree to submit to the exclusive jurisdiction of the English courts.
10.2 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
10.3 No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
10.4 This Agreement constitutes the entire agreement between You and CMR with respect to this transaction. Any changes to this agreement must be made in writing, signed by an authorized representative of CMR.
CMRGroup.com Ltd.
Bridge House
74 Broad Street ,
Teddington,
Middlesex
TW11 8QT
United Kingdom
Tel +44 20 8274 5000
Fax: +44 20 8274 5020
Email: info@risk-e.net