Jadwiz Racing Software Licensing Terms and Conditions
Copyright©Jadwiz Racing 2010
You are advised to revisit the following web page periodically as we reserve the
right to change these terms and conditions at any time and without notification:
http://www.jadwizracing.co.uk/horse-racing-help/horse-racing-software/horse-notes/horse-notes-software-terms.htm
SOFTWARE LICENSE AGREEMENT
You should carefully read the following Terms and Conditions before using Jadwiz
Analyse. Unless you have a different license agreement signed by Jadwiz Racing,
your use of our software indicates your acceptance of this license agreement.
Use of all software available from Jadwiz Racing, including Jadwiz Analyse,
(hereinafter 'SOFTWARE') is contingent on your agreement to the following terms:
The licence to use this software is for 12 months provided full payment has been
made. If the customer has elected to pay in stages then all payments must be
made otherwise the software user licence shall be deactivated and it will no
longer work. If the software user licence is deactivated due to non payment then
the customer accepts that they have paid for a user licence which is a shorter
time span than the normal 12 months.
CONDITIONS OF USE
You agree and continue to agree to use our software in a manner consistent with
all applicable laws and regulations and in accordance with the terms and
conditions set out in the policies and guidelines outlined below. Please Note:
that you will be referred to as 'customer' in this agreement.
LIMITATION OF LIABILITY
Use of all software including Jadwiz Analyse available from Jadwiz Racing
('SOFTWARE') is contingent on your agreement to the following Limitation of
Liability:
SOFTWARE is provided as is without warranty of any kind. To the maximum extent
permitted by applicable law, Jadwiz Racing its suppliers, its distributors, and
its affiliates, or others who may offer SOFTWARE, will not be liable for any
damages whatsoever, whether direct or indirect, special, incidental,
consequential, or punitive of any kind (including but not limited to damages
for: loss of profits, loss of confidential or other information, business
interruption, personal injury, loss of privacy, failure to meet any duty -
including of good faith or of reasonable care - negligence, and any other
pecuniary or other loss whatsoever) arising out of, or in any way related to the
use of, or inability to use our SOFTWARE or support services, or the provision
of or failure to provide support services, or otherwise under, or in connection
with SOFTWARE documentation, or any provision of these terms and conditions,
even if Jadwiz Racing or any supplier, distributor, or its affiliates has been
advised of the possibility of such damages.
The Limitations on, and Exclusions of liability for damages in this agreement
apply regardless of whether liability is based on breach of contract, tort
(including negligence), delict, strict liability, breach of warranties or
conditions, or any other legal theory. Jadwiz Racing furthermore disclaims all
warranties, including without limitation any implied warranties of
merchantability, fitness for a particular purpose, and on infringement.
The entire risk arising out of the use or performance of the SOFTWARE and
documentation remains with the recipient. To the maximum extent permitted by
applicable law, in no event shall Jadwiz Racing be liable for any consequential,
incidental, direct, indirect, special, punitive, or other damages whatsoever
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or other pecuniary loss) arising out
of this agreement or the use of or inability to use the product, even if Jadwiz
Racing has been advised of the possibility of such damages.
The SOFTWARE and the accompanying files are sold "as is" and without warranties
as to performance or merchantability or any other warranties whether expressed
or implied. Because of the various hardware and software environments into which
SOFTWARE may be put, no warranty of fitness for a particular purpose is offered.
Good data processing procedure dictates that any program be thoroughly tested
with non-critical data before relying on it. The user must assume the entire
risk of using the SOFTWARE. Any liability of the seller will be limited
exclusively to product replacement or refund of purchase price.
OWNERSHIP
You may not reverse engineer, decompile or disassemble the SOFTWARE. Jadwiz
Racing shall retain title and all ownership rights to the SOFTWARE.
COPYRIGHT
This SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
MAINTENANCE
Jadwiz Racing is not obligated to provide support, maintenance, or updates for
the SOFTWARE (either by email, phone, or otherwise). However, any maintenance or
updates provided by Jadwiz Racing shall be covered by this Agreement.
SOFTWARE USAGE AGREEMENT
One registered copy of SOFTWARE may either be used by a single person who uses
the software personally on up to 2 computers in a non-commercial setting (home),
or installed on a single workstation used non-simultaneously by multiple people,
but not both.
You may access the registered version of the SOFTWARE through a network,
provided that you have obtained individual licenses for the SOFTWARE covering
all workstations that will access the software through the network. For
instance, if 4 different workstations will access the SOFTWARE on the network,
each workstation must have its own SOFTWARE license, regardless of whether they
use the SOFTWARE at different times or concurrently.
This software makes use of files which contain the days racing, runners and list of names and you agree not to hold Jadwiz Racing responsible for any errors contained in these files. These files are provided to you as a free service.
RETURNS POLICY
The full version of the SOFTWARE is not freely distributed, and therefore cannot
be returned for a refund. In the event you encounter a problem with your
installation, contact our support department for assistance.
DISTRIBUTION
You are not allowed to distribute the trial or registered SOFTWARE and it's
serial number cannot be redistributed. The serial number is confidential and
cannot be shared.
The SOFTWARE is protected by copyright law and international treaties.
Unauthorized reproduction or distribution of the SOFTWARE, or any portion of it,
may result in severe civil and criminal penalties and will be prosecuted to the
maximum extent possible under the law.
GOVERNING LAW
This agreement shall be governed by the laws of the United Kingdom.
TRADEMARKS
All trademarks appearing on the service are trademarks of their respective
owners.
MODIFICATION
Jadwiz Racing reserves the right, at its discretion, to revise these Terms and
Conditions at any time and without prior notice, and such revision shall be
effective immediately upon the posting of the revised Terms and Conditions at:
http://www.jadwizracing.co.uk/horse-racing-help/horse-racing-software/horse-notes/horse-notes-software-terms.htm