END USER LICENCE AGREEMENT FOR EXACT, ALCHEMIST AND PAYMASTER
COMPUTER PROGRAMMES FROM TECHNISOFT
PLEASE READ CAREFULLY:
INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR
CLICKING ON THE "I AGREE" BUTTON ON THE TERMS AND CONDITIONS
SCREEN THAT IS DISPLAYED WHENEVER YOU USE TECHNISOFT'S WEB-UPDATE
PROGRAMME, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON
BEHALF OF AN ENTITY AS ITS AGENT AND/OR EMPLOYEE) AGREE TO ALL OF
THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT")
REGARDING YOUR USE OF THE SOFTWARE.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK
ON THE "NO" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE
USE THE SOFTWARE.
IS A CONTRACT BETWEEN YOU AND TECHNISOFT.
This License Agreement accompanies TECHNISOFT's Software and related
explanatory materials and extends to any upgrades, modified versions,
updates, additions, and copies of the Software licensed to You by
TECHNISOFT. This copy of the Software is licensed to You as the end
user or to your employer and/or principal or another third party authorized
to permit your use of the Software.
Software is protected by applicable national copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The Software is licensed, not sold. TECHNISOFT retains all
the rights, which are not expressly granted to You according to the
present Licence Agreement.
"Software" means software written by Technisoft including,
but not limited to software sold under the names of ALCHEMIST, EXACT
and PAYMASTER and including but not limited to object code, source
code, documentation and associated media and printed materials.
means an individual and/or a legal entity exercising rights under,
and complying with all of the terms of this License.
means CASTLEMERE CC Registration No:CK 91/18942/23 Trading as TECHNISOFT,
a company owning exclusive rights to the Software.
means a physical address or a mobile computer that accesses Technisoft's
software remotely on a regular basis. This mobile access could be,
for example, remote access as a network user if the software had been
set up in a "virtual machine" at one premise, and the regular
user was in another town. This user could be deemed by Technisoft,
at it's sole discretion, to be another premises, and licence fees
would be leveled appropriately.
Subject to the restrictions contained in Section 4, TECHNISOFT grants
to You a nonexclusive and non-transferable, license to use Software.
RIGHTS GRANTED BY THE PRESENT LICENSE
According to the present License Agreement You are entitled to:
i. install and use a limited number of copies of
the Software at a limited number of computers at one physical site
(premise); such limitations may be imposed by the installation of
an annually renewable licence file into the main database run by You
or your organisation.
The issuing of such an annual licence / licences is entirely at the
discretion of TECHNISOFT and may depend on the payment of a fee that
will be determined by TECHNISOFT from time to time.
ii. copy the Software for backup purposes.
iii. receive all updates and new versions of the
software modules that You are licensed to run but excluding any new
modules that TECHNISOFT may add to the programme range.
LIMITATIONS OF USE
You do not have the right to:
i. Reverse engineer, de-compile, or disassemble the
Software except for special cases and only to the extent when it is
directly allowed by the applicable law. At that, You shall first request
TECHNISOFT in writing to provide permission for such reverse engineering,
de-compiling or disassembly. You shall also supply TECHNISOFT with
the reasons for and the type of information that you require to obtain
by means of such reverse engineering, de-compiling, or disassembling
of the Software. TECHNISOFT has the right to refuse such requests
and to impose reasonable conditions such as a fee for complying with
Requests for information should be directed to the TECHNISOFT at the
address provided in the Software or such other address as may be made
available on TECHNISOFT.com from time to time;
ii. Modify, or create derivative works based upon
the Software in whole or in part;
iii. Remove any proprietary notices or labels on
the Software; or
iv. Resell, lease, rent or otherwise transfer rights
to the Software, as provided by this License unless specifically agreed
to in writing by TECHNISOFT.
v. Transfer the Software to any third persons if
it is forbidden by laws or international treaties, for example, in
countries on which corresponding international sanctions are imposed;
vi. Use of the Software does not grant You any other
person rights to use other products of TECHNISOFT, except for the
rights stipulated by the corresponding licenses to these products;
vii. While copying the Software and transferring it to third persons
You shall transfer distribution package/installation files in original
form without changing them in any manner.
NON PAYMENT OF ACCOUNTS, TECHNICAL SUPPORT AND ISSUE OF RENEWED LICENCES
Technical support and the issuing of new annual licences is dependant
upon all monies outstanding on any account that You may have with
TECHNISOFT being settled within the credit period allowed by TECHNISOFT
and the payment of an annual licence fee.
You furthermore agree that interest at a rate to be determined by
Technisoft may be levied and is payable on all accounts that are in
arrears of the terms allowed by Technisoft. These terms are normally
30 days from date of invoice, unless You have a written document from
Technisoft detailing other terms of payment.
If Technisoft needs to resort to legal or other means in order to
obtain payment of outstanding debt, You agree
that You will be liable for any expenses incurred by Technisoft in
the collection of the outstanding debt.
Technical support is limited to telephonic and Internet support via
broadband connection. Technisoft is not responsible for setting up
or maintaining networks that may be required for remote access to
your computers. The proper functioning of these networks is your responsibility.
Technisoft does not guarantee support over ordinary dial-up connections.
On-site support, traveling time and mileage may, at Technisoft's sole
discretion, be charged for.
Notwithstanding the fact that TECHNISOFT may be able to support software
and or equipment that is not produced by TECHNISOFT, support is limited
to support for software written specifically by TECHNISOFT.
Should TECHNISOFT from time to time agree to give support for third
party software, computer systems and networks, TECHNISOFT reserves
the right to charge for such support.
TECHNISOFT reserves the right to issue third party software that may
work in conjunction with TECHNISOFT software, but will not be held
responsible for the malfunctioning of such third party software or
for the maintenance and support thereof.
Reaction times of the support service and any resolution of problems
which may arise during the use, installation and/or removal of TECHNISOFT
Software are not guaranteed.
AMENDMENT AND TERMINATION OF THE LICENSE AGREEMENT.
This License Agreement is effective until terminated. TECHNISOFT has
the right to terminate at its sole discretion your License by 30 days
notice, without judicial intervention. Notice on termination may be
served by electronic means. If You are in breach of any of its terms
and conditions the termination is effective immediately. Upon any
such termination You must stop use of Software and return all full
and partial hard copies of the items in the Software immediately to
TECHNISOFT as well as destroy all electronic copies of the above items.
TECHNISOFT is entitled to change conditions of the distribution of
the Software at any time, for instance to establish a fee for use
and/or copying of the Software.
You have a right to terminate the present License Agreement in any
time by terminating the use of the Software and by destroying all
copies of it, which are at your disposal.
From time to time, TECHNISOFT may make available updates to the Software.
All updates to the Software are governed by this Agreement, unless
other license terms are provided with the update and may be installed
automatically, no confirmation by You is required.
DISCLAIMER OF WARRANTY:
YOU AGREE THAT TECHNISOFT HAS MADE NO EXPRESS WARRANTIES, ORAL OR
WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. TECHNISOFT
DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED,
OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE. TECHNISOFT SHALL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE
UNDER OR RELATED TO THIS AGREEMENT.
LIMITATION OF LIABILITY:
You assume the entire risk of using the program.
IN NO EVENT
SHALL TECHNISOFT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF THE USE OR MISUSE OF THE TECHNISOFT
SOFTWARE, EVEN IF TECHNISOFT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU AGREE TECHNISOFT SHALL NOT BE LIABLE TO YOU FOR
ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY
TO THE EXTENT PERMITTED BY LAW.
CHOICE OF LAW.
This License Agreement shall be governed by the laws in force in the
Republic of South Africa, excluding the application of its conflict
of law rules. This License Agreement shall not be governed by the
United Nations Convention on Contracts for the International Sale
of Goods, the application of which is expressly excluded. All disputes
arising from the present license agreement shall be considered by
the competent court in South Africa, provided that TECHNISOFT may
also initiate proceedings in the courts of the country, where the
You are domiciled and/or residing.
In the event of invalidity of any provision of this Agreement, the
parties agree that such invalidity shall not affect the validity of
the remaining portions of this Agreement.
You agree that You will not export or re-export the Software outside
of the jurisdiction in which You obtained it without the appropriate
You agree that this is the entire agreement between You and TECHNISOFT,
which supercedes any prior agreement, whether written or oral, and
all other communications between TECHNISOFT and You relating to the
subject matter of this Agreement.
All rights not expressly granted in this Agreement are reserved by
TECHNISOFT . All rights reserved. Protected by copyright and licenses
restricting use, copying, distribution and de-compilation.
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