CoL8 License Agreement Page

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CoL8 License Agreement

CoL8 Software Licence Agreement, Disclaimer, and Limitation of Liability

This Software Licence Agreement, Disclaimer, and Limitation of Liability (together called "Agreement") is a legal agreement between you (a Company, an individual or a single entity) and Quasar Software Developments Ltd (“QSD”).

In this Agreement, the term "CoL8" means all QSD software, files, instruction files, associated CD-ROM media (“Media”), printed materials, and electronic documentation (“Program Documentation”) that may be used in connection with the software accompanying this Agreement. The term “Data” shall mean such data as shall be provided by QSD to the Licensee as requested by the Licensee, to be charged at the rates provided in QSD’s price lists from time to time;

By installing or using CoL8, you acknowledge that you have read this Agreement and agree to be bound by its terms. If you do not agree to the terms of this Agreement, do not install or use CoL8.

Licence for Individual Use

This copy of CoL8 is licenced to you (“Licensee”) for your individual use only on a single computer compatible with the operation of CoL8 (“Designated Equipment”). You may make one additional copy of the Software Product, for archive purposes only.

QSD reserves all rights not specifically granted in this Agreement.

1 Payment of Licence and Support Fee and related Charges

If fees, then validly due, for license or renewal of CoL8 are not paid in full to QSD then CoL8 will no longer be validly licensed, this license agreement will be terminated in accordance with clause 9 of this Agreement and CoL8 will attempt to stop functioning. In the event that CoL8 does not stop functioning you must remove CoL8 from your computer by deleting all electronic files related to CoL8.

2 Technical Support

Where fees have been validly paid to QSD for Technical Support, QSD shall provide Technical Support in respect of CoL8 as more particularly set out below:

2.1 Technical Support (“Technical Support”) shall comprise of the following services

a) Advice by email to support@CoL8.com, and/or by telephone where available, on the use of CoL8;

b) Information and advice by email to support@CoL8.com, and/or by telephone where available on forthcoming modifications or improvements (together “Point Releases”) to CoL8;

c) The creation and dispatch to the Licensee from time to time of Point Releases to CoL8 or the Program Documentation and Media.

2.2 Other Technical Support Matters

Any releases which are developed, which are not incorporated in Point Releases, may be licensed by the Licensee at the then current price quoted by QSD whereupon such releases shall be incorporated into this Licence Agreement;

In the event, a Licensee shall require Technical Support at its premises, the Licensee shall pay the then current charges of QSD for the provision of such Technical Support;

QSD reserves the right to serve an end of life notice on the Licensee indicating any particular Release shall no longer be supported by QSD;

QSD shall use its reasonable endeavours to provide Technical Support as soon as reasonably practicable following receipt of notice of any fault or request for assistance.

2.3 Technical Support exclusions

Technical Support shall not include the diagnosis and rectification of any fault resulting from:

a) the improper use, operation or neglect of CoL8, the Program Documentation and Media, or the Designated Equipment;

b) the modification of CoL8 or merger (in whole or in part) with any other software;

c) the use of CoL8 on equipment other than the Designated Equipment;

d) the failure by the Licensee to implement recommendations in respect of or solutions to faults previously advised by QSD;

e) any repair, adjustment, alteration or modification of CoL8 by any person other than the Licensor without QSD’s prior approval;

f) any breach by the Licensee of any of its obligations under any maintenance agreement in respect of the Designated Equipment;

g) the Licensee's failure to install and use upon the Designated Equipment any modifications or amendments to CoL8 within 60 days of receipt of the same, or

h) use of CoL8 for a purpose for which they were not designed.

3 Warranties of Licensee

The Licensee warrants the following:

a) That the Designated Equipment is compatible with the operation of CoL8;

b) That where Data is licensed by QSD the Licensee shall only use such Data for the purpose of the operation of CoL8;

c) That the Licensee has obtained all necessary licenses as shall be necessary in order to operate such other software as shall be required in conjunction with CoL8.

4 Warranty of QSD

QSD warrants to the Licensee that it has the right to license the use of CoL8. Save as provided below, all other warranties are expressly excluded and any information given or statements made by QSD to the Licensee, whether before or after the date of the grant of the Licence and whether or not contained in the Program Documentation and Media shall be deemed to be expressions of the Licensor's expectations and not representations of fact.

5 Limitation of Liability

Where the Licensee has not contracted for the provision of Technical Support, QSD warrants that the Media on which CoL8 is distributed will be free from defects for a period of 30 days from the date of delivery to Licensee. In the event of breach of this warranty, QSD shall at its option, replace the defective Media returned to QSD within the warranty period, or refund any fees paid for the Media.

Where the Licensee has, or subsequently does, contract for the provision of Technical Support, and faults cannot be rectified, the Licensee is obliged to return CoL8 together with any Media to QSD for investigation during the Term and QSD shall at its option, replace CoL8 or refund the Licence Fee.

QSD does not warrant that CoL8 meets the Licensee’s requirements or that the operation thereof will be uninterrupted or error free.

QSD has relied upon assurances from the providers of the set-up programs contained within CoL8 and on the Media. No warranties with respect to the same are provided by QSD.

QSD shall not be liable to the Licensee for loss of profits, goodwill, loss of data or any type of special indirect or consequential loss arising out of the use or inability to use CoL8 even if such loss was reasonably foreseeable or QSD had been advised of the possibility of the Licensee incurring the same.

6 Copyright

CoL8 and the Program Documentation and Media and Data contain confidential information of QSD and all copyright trademarks and other intellectual property rights in CoL8 and the Program Documentation and Media and Data (subject to such third party rights in the Data) are the exclusive property of, and/or owned under exclusive license by, QSD (as the case may be).

The Licensee shall not:

a) Copy the whole or any part of CoL8 or the Program Documentation or Media with any other software or documentation;

b) Reverse engineer, decompile, disassemble, modify or otherwise manipulate, merge or in any other way interfere either in whole or in part with CoL8 or the Program Documentation or Media or combine them with any other software or retrieval system or documentation;

c) Make any attempt to discover the source code of CoL8, or create derivative works from CoL8;

d) assign, transfer, sell, rent, charge or otherwise deal in or encumber CoL8 or the Program Documentation or Media or Data nor use on behalf of or make available the same to any third party by any means whatsoever, including, but not limited to transmitting the same by electronic or mechanical means or otherwise;

e) Copy the whole or any part of or modify Data provided by QSD (where applicable) save for use of CoL8 or for the purpose of sufficient security requirements.

7 Confidentiality

No party may take or remove from the Licensee possession of CoL8, or the Program Documentation or the Media or the Data;

All such other steps as shall be necessary from time to time shall be taken by the Licensee to protect the confidential information and intellectual property owned and/or licensed by QSD in CoL8 and the Program Documentation and Media and Data.

The Licensee hereby grants QSD permission to use their name in user lists for the CoL8 product.

8 Assignment

The Licence shall not be assignable in whole or in part by the Licensee.

9 Termination

In the event of any breach by the Licensee of any of its obligations hereunder, which is incapable of remedy or is not rectified within 14 days of being brought to the Licensee's attention, the Licence shall thereupon terminate and the Licensee shall, at the Licensee's cost, immediately expunge or otherwise remove CoL8 from the Designated Equipment and return the Program Documentation and Media and Data to QSD and destroy any copies of Data (including any modifications thereto) forthwith.

10 Termination by Licensee

The Licensee may terminate the Licence any time after the date hereof by, at the Licensee's cost, immediately expunge or otherwise remove CoL8 from the Designated Equipment and return the Program Documentation and Media and the Data to QSD, and destroy any copies of Data (including any modifications thereto) forthwith, save that the Licence Fee (or any accrued charges for Technical Support, or such other accrued charges, as contemplated herein) shall not be refundable in whole or in part. Provided that, if the Licensee desires to access its data through the CoL8 and complies with Clause 11 below, it shall be permitted to maintain CoL8 on the Designated Equipment, subject to the terms hereof for so long as it does not breach these Conditions.

11 Renewal/Amendment

In the event the Licensee no longer requires the Administrative Toolkit, it may only continue to access its data through CoL8 by obtaining a release code from QSD. Upon payment of the price therefor, the release code shall be provided to the Licensee by QSD. The Licensee agrees that the terms hereof shall continue to apply for so long as the Licensee uses CoL8.

12 Access

The Licensee shall permit access to representatives of QSD to its sites and facilities and Designated Equipment to determine the proper use of CoL8 in accordance with these Conditions upon reasonable notice given by QSD to the Licensee (which for the avoidance of doubt, shall be not less than [7] days notice).

13 Jurisdiction

These Conditions and the Licence shall be governed by and construed in accordance with English law and the Licensor and the Licensee submit to the non-exclusive jurisdiction of the English Courts.