LICENCE AGREEMENT WARNING SAFETY GURU AND THEIR ASSOCIATES OWN THE COPYRIGHT IN THIS SOFTWARE ('THE SOFTWARE') AND IT'S ASSOCIATED DOCUMENTATION. BY OPENING THIS PACKAGE YOU (AN INDIVIDUAL OR LEGAL ENTITY) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WHICH WILL GOVERN YOUR USE OF THE SOFTWARE.
1. Licence In consideration of your agreement to the terms of this Agreement, we grant you a non-exclusive right to use the Software in accordance with the terms of this Agreement. This licence is personal to you as the user of the Software and is for your benefit only.
2. Permitted use As user of a copy of the Software, you may, subject to the terms of this Agreement, use the Software online.
3. Restrictions on use You may not nor cause suffer or permit others to:
3.1 sub-Licence, assign, rent, lease or transfer the licence or the Software or make or distribute copies of the Software except as permitted by this Agreement;
3.2 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Software;
3.3 make copies of the Software, in whole or part, except for back-up or archival purposes as permitted in this Agreement;
3.4 use any back-up copy of the Software for any purpose other than to replace the original copy in the event that it is destroyed or becomes defective;
3.5 copy the written materials (except as provided by this Agreement) accompanying the Software;
3.6 adapt, modify, delete or translate the written material accompanying the Software in any way for any purposes whatsoever;
3.7 vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software.
4. Undertakings You undertake to ensure that, prior to use of the Software by your employees or agents, all such parties will be notified of this licence and the terms of this Agreement.
5. Title We shall at all times retain ownership of the Software.
6. Disclaimer and exclusion of liability We do not warrant that this Software will meet your requirements or that its operation will be uninterrupted or error free. We exclude and expressly disclaim all express and implied warranties or conditions not stated in this Agreement and, save as is set out in clause 7, you agree that we shall have no liability to you for any loss that you may suffer or allege as a result of the use of the Software (including without limitation, damages, costs, claims, loss of profits, loss or corruption of data, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This Agreement does not affect your statutory rights.
7. Liability
7.1 The software is free and you use it entirely at your own risk.
7.2 In no event will we be liable to you for any indirect or consequential damages, or loss of profit, even if we have been advised of the possibility of such damages. In particular (but without limitation), we accept no liability for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.
7.3 Nothing in this Agreement limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence.
7.4. You acknowledge and agree that the limitations contained in this Agreement are reasonable in the light of all the circumstances.
8. User support You acknowledge and agree that your free licence to use the Software in the terms of this Agreement does not entitle you to our support in the loading, interpretation or use of the Software.
9. This is software which you can populate yourself. Like any tool where the user can put in their own content, the user is entirely responsible for the output. However, we have populated the tool with some indicative content merely for your guidance, but it is in no way recommended.
10. Severability In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
11. Entire agreement You have read and understand this Agreement and agree that it constitutes the complete and exclusive statement of the Agreement between us with respect to the subject matter of this Agreement.
12. Assignment This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without our prior written consent.
13. Waiver Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this licence nor prejudice that party's right to take subsequent action.
14. Law and disputes This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.