END-USER LICENCE AGREEMENT FOR UNIVERSITY OF DUNDEE SOFTWARE
IMPORTANT-PLEASE READ CAREFULLY:
This End-User Licence Agreement is a legal agreement between you, (the “End-User”), and The University of Dundee, a registered Scottish charity, No: SC015096, having its principal office at 149 Nethergate, Dundee, DD1 4HN (“the University”) which governs your use of the software (“Software”) and any associated documentation, instructions or other materials provided with the software (“Associated Materials”).
The Software will be installed if you press the "Yes" button on this dialog box. By pressing "Yes", you agree to be legally bound by the Terms and Conditions of this End-User Licence which are noted below.
IF YOU DO NOT AGREE to the terms of this End-User Licence, press the “No” button on this dialog box. If you press the “No” button the University of Dundee cannot licence the Software to you and you may not, under any circumstances install or otherwise use the Software.
TERMS AND CONDITIONS OF END USER LICENSE
1. Ownership of Copyright
Copyright and all other proprietary rights in the Software, including any copies made for archival purposes, and in the Associated Materials shall remain at all times with the University of Dundee regardless of the form or media in which the Software or Associated Materials exist. This licence does not constitute a sale of the Software or Associated Materials or any copies thereof.
2. Licence
The University of Dundee grants the End-User a non-transferable, non-exclusive licence to 1) use and install one copy of the Software on one processing unit and 2) use one copy of any Associated Materials. The End-User may not network the Software or otherwise use it on more than one processing unit at a time. The University of Dundee further grants the End-User a licence to make one copy of the Software solely for archival purposes.
3. Restrictions on the use and transfer of the Software
The End-User may NOT:
- Rent or lease the Software.
- Transfer the Software and the licence granted hereunder to any third party.
- Reverse engineer, decompile, disassemble or use the Software to create any derivative software, unless such activity is expressly permitted by separate agreement with the University of Dundee.
4. Warranty Liability and Indemnity
The Software and Associated Materials are provided “as is” without any warranty of any kind. The University of Dundee does not warrant, guarantee or make any representations regarding the use, or the results of the use of the Software or the Associated Materials in terms of correctness, accuracy, reliability, fitness for purpose or otherwise. The University of Dundee shall not be liable for any defect in the Software or Associated Materials or for any loss, damages or injury whatsoever or howsoever caused arising directly or indirectly out of the use of the Software or Associated Materials (except to the extent that such liability may not be lawfully excluded). The End-User agrees to indemnify the University of Dundee in relation to any claim arising out of that End-User’s use of the Software and Associated Materials and for any breach of this End-User Licence Agreement.
5. Updates to the Software
The University of Dundee may from time to time, at its discretion, produce updated versions of the Software. At its sole discretion the University of Dundee may offer such updates to the End-User on terms to be agreed.
6. Acceptance
Within 30 days from the date of dispatch of the Software to the End-User, the End-User shall establish the efficacy of the Software for the End-User’s purpose. If within that period there is any material unfitness of the Software for such purpose the End-User may inform the University as to why the Software is unfit for the End-User’s purpose, cease to use the Software, remove all copies of the Software from the End-User’s processing units and receive a full refund of the purchase price of the Software. The End-User shall also, at the discretion of the University of Dundee, return or destroy all copies of any Associated Materials that accompanied the Software. If failure of lack of performance of the Software has been due to a) some act of abuse or misapplication by the End-User or b) the performance of the End-User’s processing unit; the University of Dundee shall have no responsibility to refund the purchase price. In the event that the University of Dundee refunds the purchase price, this Agreement shall be deemed terminated from the date of such refund and the End-User shall thereafter have no licence in respect of the Software or Associated Materials.
7. Governing Laws
This Agreement is shall be interpreted and applied in accordance with the Laws of Scotland and the parties submit to the non-exclusive jurisdiction of the Scottish Courts.
