Before installing and thereby unsealing this Product, please read carefully and accept the terms and conditions of the licence below. Then choose the I Agree button at the bottom of the page. We also recommend that you print a copy of this licence for your records.
Do not install this Product if you do not agree to the terms and conditions of the licence.
RELEVANT INFORMATION
1. LICENCE
1.1 Crownwood Software Ltd (registered number 03592253 / VAT No. 711126780) of 35 Garswood, Crown Wood, Bracknell, Berkshire, RG12 0TY, email sales@dotnetmagic.com (“Crownwood”) hereby grants you a non-exclusive, non-transferable licence to download and use the software program called DotNetMagic Version 5.4.0 (the “Product”) and the accompanying documentation (the “Documentation”) on the following terms.
1.2 The copyright and all other rights in the Product and the Documentation remain with Crownwood.
2. ACCEPTANCE
You are deemed to have accepted the terms and conditions of this licence by downloading the Product.
3. SCOPE OF LICENCE
3.1 Subject to payment of the applicable fee this licence permits you to either:
3.1.1 load the Product into and use it on 1 (one) computer under your control for your own internal business purposes in respect of which the fee payable is $ (US) 399, plus sales taxes (“Single Developer Licence”); or
3.1.2 load the Product into and use it on up to 4 (four) computers which are under your control for your own internal business purposes in respect of which the fee payable is $ (US) 799 plus sales taxes (“Four Developer Licence”); or
3.1.3 load the Product into and use it on up to 8 (eight) computers which are under your control for your own internal business purposes in respect of which the fee payable is $ (US) 1299 plus sales taxes (“Eight Developer Licence”); or
3.1.4 load the Product into and use it on an unlimited number of networked computers provided that all uses of the Product takes place at the location stated in the user registration page (“the Location”) and for your own internal business purposes only, in respect of which the fee payable is $ (US) 1999 plus sales taxes (“Site Licence”).
3.1.5 load the Product into and use it on an unlimited number of networked computers at an unlimited number of locations for your own internal business purposes only, in respect of which the fee payable is $ (US) 2999 plus sales taxes (“Enterprise Licence”).
3.2 You are also entitled to:
3.2.1 make copies of the Product for back-up purposes only, which copies must reproduce and include Crownwood's copyright notice.
3.2.2 transfer the Product from one computer to another provided the Product is only used on the total number of computers authorised.
3.2.3 use and distribute the 'assembly' built using the library of codes installed and accessible within the Product to link with and support other applications you are developing provided you do not under any circumstances distribute the source code to the Product or the Documentation.
3.3 You shall not:
3.3.1 use or copy the Product other than as permitted by this licence;
3.3.2 permit any third party to use the Product or the Documentation nor use the same on behalf of or for the benefit of any third party in any way whatever except as otherwise provided in this licence;
3.3.3 modify, adapt, merge, translate, decompile, disassemble, or reverse engineer the Product, except as permitted by law; or
3.3.4 sell, assign, rent, sub-license, loan, mortgage, charge or otherwise deal in any way in the Product or Documentation or any interest in them except as expressly provided in this licence; or
3.3.5 permit the whole or any part of the Product to be combined with or incorporated in any other computer programs that are substantially similar to or compete with the Product.
4. DURATION OF LICENCE
Your licence shall commence on receipt of the appropriate fee, and shall continue thereafter until terminated in accordance with Clause 8 or as otherwise provided herein, whichever is earlier.
5. FEE
5.1 The payment you make to Crownwood to license you to download this Product varies depending on whether you requested a Single Developer Licence, Three Developer Licence, or a Site Licence.
5.2 Payment of the relevant license fee will also entitle you to support to the extent set out in the Support section in Clause 9.
5.3 Fees payable under this agreement are stated on the website exclusive of value added tax or such other applicable local taxes except with regards to the UK where prices inclusive of value added taxes will also be quoted. Payments made by you will include local taxes payable which will vary depending upon where you live.
6. WARRANTIES AND REMEDIES
6.1 Crownwood warrants that for a period of 90 days from the date that the Product is downloaded, it will provide the facilities and functions set out in the Documentation when properly used and further, that the Documentation will provide adequate instruction to enable you to make proper use of such facilities and functions.
6.2 The said warranty shall be subject to you complying with your obligations hereunder and to there having been made no alterations to the Product by any person other than Crownwood. When notifying a defect or error you shall (so far as you are able) provide Crownwood with a documented example of such defect or error.
6. 3 Crownwood shall have no liability or obligations under the said warranty other than to remedy breaches thereof by the provision of materials and services via email or the internet within a reasonable time and without charge to you. If Crownwood shall fail to comply with such obligations its liability for such failure shall be limited to refunding the licence fee paid. The foregoing states the entire liability of Crownwood, whether in contract or tort, for defects and errors in the Product and the Documentation.
6.4 You acknowledge that the Product has not been prepared to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions described in the Documentation meet your requirements. Crownwood shall not be liable for any failure of the Product to provide any facility or function not specified in the Documentation.
6.5 Crownwood does not warrant that the operation of the Product will be uninterrupted or error free or that all errors will be remedied.
6.6 Except as expressly provided in this licence, no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance or fitness for purpose of the Product or the Documentation is given or assumed by Crownwood and all such warranties, conditions, undertakings and terms are hereby excluded to the fullest extent permitted by law.
7. LIABILITY
7.1 Except in respect of injury to or death of any person caused by negligence (for which no limit applies) Crownwood’s liability to you under this agreement in respect of each event or series of connected events shall not exceed one and a half times the fee paid for the licence or US $ 1,200 whichever is the greater.
7.2 Notwithstanding anything else contained in this licence, Crownwood shall not be liable to you for loss of profits or contracts or indirect or consequential loss or damage whether arising from negligence, breach of contract or howsoever caused.
7.3 Crownwood shall not be liable to you for any loss arising out of your failure to keep full and up‑to‑date security copies of the computer programs and data you use.
8. TERMINATION
8.1 Either party may terminate this licence forthwith on giving notice in writing to the other if:
8.1.1 the other commits any material breach of any term of this licence and (in the case of a breach capable of being remedied) shall have failed, within 30 days after the receipt of a request in writing from the other so to do, to remedy such breach;
8.1.2 the other shall have a receiver or administrative receiver appointed (or the equivalent in any jurisdiction) of it or over any part of its undertaking or assets or shall pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect or if the other shall enter into any voluntary arrangement with its creditors or shall become subject to an administration order or shall cease to carry on business or becomes unable to pay their debts as they fall due.
8.2 Forthwith upon the termination of this licence, you shall return to Crownwood the Product, the Documentation and all copies of the whole or any part thereof or, if requested by Crownwood, shall destroy the same and certify in writing to Crownwood that they have been destroyed. For the avoidance of doubt, where you have purchased a copy of the Product on a CD you may retain the CD provided the Product is erased.
8.3 Any termination of this licence (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
9. SUPPORT
Crownwood's technical support staff will endeavour to answer by email any queries you may have about the Product (please note that only registered email addresses will be responded to). For email support please send an email giving an example of the problem and a clear explanation of your query to the email address given in the Documentation. Crownwood shall use its reasonable endeavours to answer email support queries raised, but does not guarantee that your queries or problems will be fixed or solved.
The Product may be subject to minor improvements and enhancement from time to time. You may download improvements and enhancements from Crownwood’s web site as they become available. You will also have access to any bug fixes that Crownwood makes available on its website. Once Crownwood issues a major new version of the Product old version will no longer be supported. Crownwood will notify you when this occurs and afford you the opportunity to upgrade to the major new version subject to payment of applicable license fees.
10. CONSUMERS
If you deal as a consumer as defined in the Unfair Contract Terms Act 1977, your statutory rights remain unaffected.
11. SEVERANCE
If any term or provision of this licence should be held to be illegal or unenforceable in whole or in part, under any enactment of law such term or provision or part shall to that extent be deemed not to form part of this licence but the validity and enforceability of the remainder of this licence shall not be affected.
12. LAW
This licence constitutes the entire agreement between you and Crownwood relating to the Product and the Documentation and is governed by and construed in accordance with the laws of England. The courts of England shall have exclusive jurisdiction.