License for the use of the Crystal Clear Hire software ('License agreement')
Please read the terms and conditions of this License carefully, as
they contain important information about your rights and obligations. You can
print out this license by clicking on the print button below:
1 Introduction
1.1 Please read this License Agreement carefully before unsealing the Crystal
Clear Hire software and applicable documentation (the 'Software') provided by
Crystal Clear Designs Limited ('Crystal Clear Designs', 'our', 'we' or 'us')
(Company number: 04946005 and VAT number: 824 7754 06). In particular, we draw
your attention to clause 9 (Liability). By installing this Software you agree
to be legally bound by this License Agreement.
1.2 If you do not wish to be bound by this License agreement then you may not
unseal or use the Software.
2 Trial Software License
2.1 The trial version of the Software is available for 30 days. After 30 days,
the temporary license will expire and you will not be able to access the
Software. You will then need to purchase a permanent license agreement, which
will allow you to continue using the Software.
2.2 This license agreement also forms the terms and conditions of the temporary
license.
3 License
3.1 Upon payment, Crystal Clear Designs grants you a non-exclusive,
non-transferable license to use the Software, on the terms and conditions of
this License Agreement.
3.2 The license key received to unlock the trial version of the Software must be
kept confidential and must not be given or revealed to anyone.
3.3 We are under no obligation to provide you with any updates to, or new
versions of, the Software ('Upgrades'). However, if we do, your use of the
Upgrade will be subject to the License Agreement currently in force from the
time of unsealing and downloading the upgrade.
In relation to the Software:
(a) you may:
(i) load the Software into the permanent memory of a single computer which is
controlled by you;
(ii) copy the Software for backup purposes only ('Backup Copies'), as long as
you retain any copyright notices included with the Software in any Backup
Copies;
(iii) use an evaluation copy of the Software for the period specified after
installation. Upon reaching the end of the evaluation period, the Software must
be purchased in order to continue its use
(b) you may not:
(i) make or distribute copies of the Software other than in the course of normal
operation or in accordance with sub-clause 3.3(a) above;
(ii) copy the software from one computer to another without erasing the Software
from the permanent memory of the first computer;
(iii) sub-license, rent, lease, transfer or attempt to assign this License
Agreement of the Software to any other person;
(iv) translate, modify, adapt, reverse engineer, disassemble, decompile or
create derivative works based on the Software (whether for purposes of error
correction or otherwise), except where a right to do so is conferred by
applicable law and cannot be excluded;
(v) use any Backup Copies for any reason other than to replace the original copy
in the event that it becomes defective or destroyed;
(vi) use the Software in any manner, or transfer or export the Software or any
copies into any country, other than in compliance with applicable laws; and
(vii) allow any other person to use the Software other than in accordance with
the terms and conditions of this License Agreement. We may terminate this
License Agreement at any time if you are found in breach of any of these terms.
If you are notified of termination, you must destroy all of your copies of the
Software immediately.
4 Payment
4.1 Details of our prices for the Software and the procedures for payment are
displayed within the Crystal Clear Design web site. The price of the Software
is the price in force at the date and time of your order. We may change the
price of the Software before you place an order. We try to ensure that our
prices displayed on our web site are accurate but the price on your order will
need to be validated by us as part of the acceptance procedure (see sub-clause
4.2 below). We will inform you if the Software's correct price is higher than
stated in your order and you may cancel the order and decide whether or not to
order the Software at the correct price. The prices are exclusive of applicable
taxes.
4.2 Crystal Clear Designs is entitled to refuse any order placed by you. If your
order is accepted, we will confirm acceptance to you by e-mail and details of
how to unseal the Software will be made available to you. You will have no
right to cancel the contract once we have confirmed acceptance of your order,
as this will constitute performance of our services.
4.3 You undertake that all details you provide to us for the purpose of
obtaining a license of the Software will be correct, that the credit or debit
card, or any electronic cash, which you use is your own and that there are
sufficient funds or credit facilities to cover the cost of the Software. We
reserve the right to obtain validation of your credit or debit card details
before agreeing to license you the Software.
5 Warranties
5.1 We warrant that:
(a) we have the right to license the Software to you; and
(b) for a period of 90 days from you unsealing and downloading the Software, it
will materially conform to the electronic documentation provided with it.
However, we do not warrant that the Software will be error or virus free.
5.2 At our option, we may grant you a refund or provide you with replacement
Software in the following circumstances:
If the Software downloaded is not what you ordered; or
If the Software does not comply with the warranty in sub-clause 5.1 and you
notify us of the details of any non-compliance as soon as possible. No other
refunds will be available in relation to the Software.
5.3 If you claim a refund from Crystal Clear Designs under sub-clause 5.2:
(a) you must destroy all of your copies of the Software; and
(b) the License Agreement will be terminated as of the date of your notification
to us of your claim for a refund.
6.1 Crystal Clear Designs makes no representations and gives no warranties,
express or implied that making the Software available in any particular
jurisdiction outside the UK is permitted under any applicable non-UK laws or
regulations. Accordingly, if making the Software or any part available in your
jurisdiction or to you (by reason of nationality, residence or otherwise) is
prohibited, the Software is not offered for sale to you. You accept that if you
are a resident outside the UK, you must satisfy yourself that you are lawfully
able to purchase the Software. Crystal Clear Designs accepts no liability, to
the extent permitted by applicable laws, for any costs, losses or damages
resulting from or related to the purchase or attempted purchase of the Software
by persons in jurisdictions outside the UK or who are nominees of or trustees
for citizens, residents or nationals of other countries.
7 Copyright and monitoring
The Software is protected by international copyright laws and other intellectual
property rights. The owner of these rights is Crystal Clear Designs, its
affiliates or other third party licensors. All product and company names and
logos contained within the Software are the trademarks, service marks or
trading names of their respective owners, including us.
8 Liability
8.1 All warranties offered in relation to the Software are set out in clause 5.1
of this Licence Agreement. We exclude all other warranties, express or implied
terms, conditions, representations or endorsements whatsoever with regard to
the Software.
8.2 We accept no liability for any indirect or consequential loss or damage, or
for any loss of data, profit, revenue or business (whether direct or indirect)
in each case, however caused, even if foreseeable. In circumstances where you
suffer loss or damage arising out of or in connection with the viewing, use or
performance this Software, we accept no liability for this loss or damage
(except where we have been negligent) whether due to inaccuracy, error,
omission or any other cause and whether on the part of Crystal Clear Designs or
our servants, agents or any other person or entity.
8.3 If we are liable to you for any reason, our liability will be limited to the
amount paid by you for the Software concerned. This limit does not apply to any
liability we may have for death or personal injury resulting from our
negligence or for our fraudulent misrepresentation.
8.4 You are responsible for ensuring that your computer system meets all
relevant technical specifications necessary to use the Software. You also
understand that we cannot and do not guarantee or warrant that the Software
will be free from infections, viruses and/or other code that has contaminating
or destructive purposes. You are responsible for implementing sufficient
procedures and virus checks (including anti-virus and other security checks) to
satisfy your particular requirements for the accuracy of data input and output.
The limitations and exclusions in this clause do not affect your non-excludable
statutory rights and only apply to the extent permitted by applicable law.
9 General
9.1 We may assign, transfer, novate or subcontract any or all of our rights and
obligations under this Licence Agreement at any time.
9.2 We may alter this Licence Agreement from time to time and post the new
version on our web-site, following which all use of our Software will be
governed by that version.
9.3 This Licence Agreement together with the privacy policy, any order form and
payment method instructions, if any, are the whole agreement between you and
Crystal Clear Designs. You acknowledge that you have not entered into this
agreement in reliance upon any statement, warranty or representation made by
Crystal Clear Designs or any other person and you irrevocably and
unconditionally waive any rights to claim damages and/or to riscind this
Licence Agreement by reason of any misrepresentation (other than fraudulent
misrepresentation) that is not contained in the terms and conditions, privacy
policy, order form and payment method instructions.
9.4 If any provision or term of this Licence Agreement shall become or be
declared illegal, invalid or unenforceable for any reason whatsoever, such term
or provision shall be divisible from the other terms and conditions and shall
be deemed to be deleted from them.
9.5 This Licence Agreement and your use of the Software is governed by English
law and you submit to the exclusive jurisdiction of the English courts.
9.6 Except in respect of a payment obligation, neither you nor Crystal Clear
Designs will be held liable to the other for any failure to perform any
obligation due to causes beyond your or Crystal Clear Design's respective
reasonable control.
9.7 Failure or delay by either party enforcing an obligation or exercising a
right under this Licence Agreement does not constitute a waiver of that
obligation or right.
9.8 This Licence Agreement does not confer any rights on any person or party
(other than you and/or us) pursuant to the Contracts (Rights of Third Parties)
Act 1999.
10 Notes
10.1 All notices shall be given:
to us via e-mail at info@crystal-clear-designs.com; or
to you at either the e-mail or postal address you provide during any
ordering process.
10.2 Notice will be deemed received when an e-mail is received in full (or else
on the next business day if it is received on a weekend or a public holiday in
the place of receipt) or 3 days after the date of posting.
11 Replacement
This Licence Agreement replaces all other terms and conditions previously
applicable to the licensing of the Software.
