LICENCE For Customer Use of Wildfire
Software
IMPORTANT NOTICE -- READ CAREFULLY: This LICENCE For
Customer Use of WILDFIRE Software ("LICENCE") is the agreement
which governs use of the software of WILDFIRE INFORMATION SYSTEMS
LIMITED and its subsidiaries ("WILDFIRE") , including computer
software and associated printed materials ("SOFTWARE"). By,
installing, copying, or otherwise using the SOFTWARE, you agree to
be bound by the terms of this LICENCE. If you do not agree to the
terms of this LICENCE, do not install the SOFTWARE.
The SOFTWARE is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties.
The SOFTWARE is not sold, and instead is only LICENCED for use,
strictly in accordance with this document. This LICENCE sets forth
the terms and conditions of the SOFTWARE LICENCE.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that uses
the SOFTWARE.
2. GRANT OF LICENCE
2.1 Multiple-Users LICENCE Grant: WILDFIRE and its suppliers
grant to the Customer a nonexclusive and non-transferable LICENCE
to use the WILDFIRE SOFTWARE installed in a single location on a
hard disk or other storage device of up to the number of computers
owned or leased by Customer for which Customer has paid a LICENCE
fee ("Permitted Number of Computers"); or if the Software is
configured for network use, installed on a single file server for
use on a single local area network for either (but not both) of the
following purposes: (a) permanent installation onto a hard disk or
other storage device of up to the Permitted Number of Computers; or
(b) use of the Software over such network, provided the number of
computers connected to the server does not exceed the Permitted
Number of Computers.
2.2 The Customer may only use the programs contained in the
Software (i) for which Customer has paid a LICENCE fee (or in the
case of an evaluation copy, those programs Customer is authorized
to evaluate).
2.3 The Customer grants to WILDFIRE, or its independent
accountants the right to examine its books, records and accounts
during Customer's normal business hours to verify compliance with
the above provisions. In the event such audit discloses that the
Permitted Number of Computers is exceeded, Customer shall promptly
pay to WILDFIRE the appropriate LICENCEe fee for the additional
computers or users. At WILDFIRE'S option, WILDFIRE may terminate
this LICENCE for failure to pay the required LICENCE fee.
2.4 Customer may make one (1) archival copy of the Software
provided Customer affixes to such copy all copyright,
confidentiality, and proprietary notices that appear on the
original.
2.5 Limitations.
2.5.1 No Reverse Engineering. Customer may not reverse engineer,
decompile, or disassemble the SOFTWARE, nor attempt in any other
manner to obtain the source code.
2.5.2 No Separation of Components. The SOFTWARE is LICENCED as a
single product. Its component parts may not be separated for use on
more than one computer, nor otherwise used separately from the
other parts.
2.5.3 No Rental. Customer may not rent or lease the SOFTWARE to
someone else.
3. TERMINATION
This LICENCE will automatically terminate if Customer fails to
comply with any of the terms and conditions hereof. In such event,
Customer must destroy all copies of the SOFTWARE and all of its
component parts.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but
not limited to all images, photographs, animations, video, audio,
music, text, and other information incorporated into the SOFTWARE),
the accompanying printed materials, and any copies of the SOFTWARE,
are owned by WILDFIRE, or its suppliers. The SOFTWARE is protected
by copyright laws and international treaty provisions. Accordingly,
Customer is required to treat the SOFTWARE like any other
copyrighted material, except as otherwise allowed pursuant to this
LICENCE and that it may make one copy of the SOFTWARE solely for
backup or archive purposes.
5. APPLICABLE LAW
This LICENCE shall be deemed to have been made in, and shall be
construed pursuant to, the laws of the United Kingdom.
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SOFTWARE IS PROVIDED "AS IS" AND WILDFIRE AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES, EITHERWHETHER EXPRESS OR,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR
PURPOSE. , TITLE, AND NON-INFRINGEMENT. Without limiting the
foregoing, you are solely responsible for determining and verifying
that the SOFTWARE that you obtain and install is the appropriate
for your requirements and compatible with your computer
hardware.
6.2 No Liability for Consequential Damages. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILDFIRE OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
EVEN IF WILDFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
7. MISCELLANEOUS
If any provision of this LICENCE is inconsistent with, or cannot
be fully enforced under, the law, such provision will be construed
as limited to the extent necessary to be consistent with and fully
enforceable under the law. This LICENCE is the final, complete and
exclusive agreement between the parties relating to the subject
matter hereof, and supersedes all prior or contemporaneous
understandings and agreements relating to such subject matter,
whether oral or written. This LICENCE may only be modified in
writing signed by an authorized officer of WILDFIRE. Customer
agrees that it will not ship, transfer or export the SOFTWARE into
any country, in any manner, prohibited by export laws, restrictions
or regulations.