Crystal Mapping License Agreement

By Clicking on the download button, you or whatsoever or whomsoever you represent (“LICENSEE”) consents unconditionally to be bound by the terms of this licence agreement (“AGREEMENT”). LICENCE GRANT: Subject to the terms of this Agreement, Crystal Mapping Limited (“Licensor”) hereby grants Licensee a limited, non-transferable, nonexclusive license to use the software that Licensee is about to download (“Software”) only for its personal use. Licensee may download, install and use the Software only on a single computer that is entirely operated and accessed by Licensee.

1. LICENCE RESTRICTIONS. Except as expressly and unambiguously permitted by this Agreement, Licensee shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, de-compile or otherwise attempt to discover the source code or organization of the Software (ii) copy (except for backup copies), modify, or distribute the Software; (iii) rent, lease, or use the Software for bureau service purposes, or otherwise use the Software on behalf of any third party. Licensee shall maintain and not remove or obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software. As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in Licensor and its suppliers or licensors. Licensee understands that Licensor may modify or discontinue offering the Software at any time. The Software is protected by the copyright laws of England and international copyright treaties. This Agreement does not give Licensee any rights not expressly granted herein.
2. INTELLECTUAL PROPERTY; As a condition to Licensee’s use of the Software, Licensee warrants, represents, and covenants that Licensee will not use the Software: (i) to violate any applicable law, statute, or regulation;(ii) to infringe the intellectual property rights or proprietary rights of any third party; (iii) to disseminate or access information or materials in any form or format that is harmful, threatening, abusive, defamatory, obscene or otherwise objectionable under any applicable laws; or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
3. SUPPORT AND UPGRADES. This Agreement does not entitle Licensee to any support, upgrades, patches, work-arounds, enhancements, or fixes for the Software (collectively, “Support”) unless Licensee makes separate arrangements for Support and pays any associated fees.
4. FEES. At the end of any free trial period that may be associated with this download the Licensee shall pay Licensor any license fees for the Software as may be payable should Licensee request to continue using the software. If the software is paid for prior to download the fees paid by the Licensee are those fees noted on the website at the time of download.
5. INDEMNITY. Licensee agrees that Licensor shall have no liability whatsoever for any use Licensee makes of the Software. Licensee shall indemnify and hold harmless Licensor from any third party claims, damages, liabilities, costs and fees (including reasonable legal fees) arising from Licensee’s use of the Software as well as from Licensee’s failure to comply with any term of this Agreement.
6. WARRANTY DISCLAIMER. Licensor Provides the software “as is” and without any warranty of any kind. Licensor also hereby disclaims all express or implied warranties, including without limitation warranties on merchantability, fitness for purpose, performance and accuracy.
7. LIMITATION OF LIABILITY. Under no circumstances shall Licensor or its suppliers, resellers or partners be liable to Licensee or any other person or organisation for any indirect, special, incidental or consequential damages of any character arising out of the use of Licensee’s use of the software..
8. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth by the free trial period or by the Terms and Conditions for paid for software. Licensor may terminate this Agreement immediately if Licensee violates any provision of this Agreement. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives and other storage media all copies of the Software. Licensor shall have the right to inspect and audit Licensee’s facilities to confirm the foregoing.
9. MISCELLANEOUS. This Agreement represents the complete agreement concerning this licence between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Licensor to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Licensor’s rights with respect to such breach or any subsequent breaches. Licensor expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under the Laws of England. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be England. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.