Software License Agreement
Evolution - The Sales Letter Processor ('the Software') is a copyrighted work of authorship and is also protected under applicable database laws. iCode Software retains ownership of the Software and any copies of it, regardless of the form in which the copies may exist. This licence is not a sale of the original Software or any copies.
By installing and using the Software on your server, you agree to the following terms and conditions. Such agreement is either on your own behalf or on behalf of any corporate entity which employs you or which you represent ('Corporate Licensee'). In this Agreement, 'you' includes both the reader and any Corporate Licensee and 'iCode Software' means iCode Software Limited:
* the Software licence grants you the right to run one instance (a single installation) of the Software on one machine for each licence purchased. Each licence may power one instance of the Software on one machine. For each installed instance of the Software, a separate licence is required. Modifications to the software or database to circumvent the one-license-one-board rule are prohibited.
* The Software is licensed only to you. You may not rent, lease, sublicence, sell, assign, pledge, transfer or otherwise dispose of the Software in any form, on a temporary or permanent basis, without the prior written consent of iCode Software.
* The licence is effective until terminated (Owner Licence).
* You undertake to;
o ensure that, prior to use of the Software by your employees or agents, all such parties are notified of the terms of this Agreement; and
o hold all data (including object and source codes), software listings and all other information relating to the Software confidential and not at any time, during the period of the licence or after its expiry, disclose the same whether directly or indirectly to any third party without iCode Software's consent.
* iCode Software may, in its discretion, allow you to transfer your license to another party, providing the license:
o has not already been transferred in the previous 12 months; and
o was purchased more than 3 months in the past.
* All Software copyright notices within must remain unchanged (and visible).
* The Software may not be used for anything that would represent or is associated with an Intellectual Property violation, including, but not limited to, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.
* If any of the terms of this Agreement are violated, iCode Software reserves the right to revoke the licence at any time.
* Refunds will be given at the discretion of iCode Software.
Disclaimer of Warranty
The software and the accompanying files are sold "As Is" and without warranties as to performance of merchantability or any other warrantied whether expressed or implied.
iCode Software cannot be held responsible and accepts no liability for any failure in transmission by you and where for whatever reason your transmission is corrupted fails to arrive or arrives after an undue delay or is received in an unintelligible form.
You must assume the entire risk of using the program. ANY LIABILITY OF iCode Software WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
Except in respect of personal injury or death caused directly by the negligence of iCode Software, in no event will iCode Software be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Software, even if iCode Software has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.
Terms in this Agreement excluding or limiting liability in relation to breach of the terms implied by the "Supply of Goods (Implied Terms) Act 1973 or the Sale of Goods Act 1979 do not apply when this Agreement is made with a consumer.
This licence gives you specific legal rights and the you may have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void of unenforceable, such part shall be deemed to be deleted from this agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to business, academic or government use) are not affected.
From time to time, iCode Software may inspect your registration integrity. This will be done without collecting any information whatsoever about your computer or your users. The only information verified will be your licence number and the machine on which the software is run. Should iCode Software discover discrepancies in the software usage, be aware that you may lose your licence and may face legal actions for Software Piracy. Your information will not be shared with 3rd parties. Occasionally, it is necessary to record your IP address for security and performance monitoring.
Please be aware that we subcontract our anti-piracy measures to Legal Research Associates. They may contact you to clarify your license legality, and will use an email address @yourdomain.com , @yourdomain2.com or @yourdomain3.com .
This Agreement constitutes the complete statement of the agreement between you and iCode Software, and supercedes all representations, understandings or prior agreements between you and iCode Software.
iCode Software reserves the right to modify these terms at any time.
This Agreement is governed by the laws of India.