JayBee – End-User License Agreement (EULA)
TIME IS LTD SOFTWARE LICENSE TERMS
PLEASE READ CAREFULLY BEFORE USING THE MATERIALS
a) PROPERTY OF TIME IS LTD
You may obtain a copy of this software product either by downloading it remotely from our server or by copying it from an authorised CD-Rom or other media (“Hard Media”). The Copyright, database rights and any other intellectual property rights in the programs and data which constitute this software product (“the Materials”), together with the Hard Media on which they were supplied to you, are and remain the property of Time is Ltd. You are licensed to use them only if you accept all the terms and conditions set out below.
These terms also apply to any Time Is Ltd
- Internet-based services, and
- support services
- programs that form part of the software
for this software product, unless other terms accompany those items. If so, those terms apply.
b) LICENCE ACCEPTANCE PROCEDURE
By clicking on the acceptance button which follow this Licence Agreement (Marked ‘I accept these terms and conditions’), or by signature of the hardcopy provided, you indicate acceptance of this licence agreements and the limited warranty and limitation of liability set out in this licence agreement. Such acceptance is either on your own behalf or on behalf of any corporate entity or charitable organisation which employs you or which you represent (“Corporate Licensee”). In this licence agreement “you” includes both the reader and any Corporate Licensee
c) LICENCE REJECTION PROCEDURE
If you do not accept these terms and conditions, you should click on the ‘I do NOT accept these terms and condition’ button. In the case of written agreement then do not sign the document.
In the unlikely event that you have already received the Materials before rejecting these terms and conditions or you wish to return the Materials within 7 days of receipt you should delete the Materials from your computer before promptly (within the aforesaid mentioned 7 day period) return to Time is Ltd
i) the Hard Media (if applicable)
j) any other items provided as part of the Materials; and
k) proof of purchase.
Where you have paid money to Time is Ltd in respect of the Materials and you either reject the terms and conditions or return the Materials in accordance with this provision, this sum shall be refunded within 30 days. The cost of postage and packaging (if applicable) shall be borne by you.
The Materials are licensed, not sold. Subject to these terms and conditions Time is Ltd grants the named purchaser, named in accordance with the activating procedure noted in condition 12, a limited non exclusive right to use the Materials in accordance with condition 2.
As purchaser of the Materials product, you may, subject to the conditions in condition 3:
2.1 Use and copy the Materials onto ONE computer either owned, leased or controlled by you or (in the case of a charitable organisation) your donees of a type which complies with the minimum system requirements noted in condition 10
2.2 make one copy of the Materials for backup and archival purposes provided that such copy is kept in the users possession and that its use is in accordance the licence terms.
2.3 transfer the Materials on a permanent basis only to another person PROVIDING ALWAYS that
2.3.1 all copies of the Materials are transferred to that person and the transferring person, corporate entity or charitable organisation destroys all and any copies not transferred; and
2.3.2 the person to whom the proposed transfer is set to occur agrees to the terms of the licence; and
2.3.3 that on a transfer the licence to the initial user shall automatically terminate.
For the avoidance of doubt the ability to transfer the Materials under condition 2.3 shall not extend to subsequent users.
3. Restrictions on use
You must comply with any technical limitations in the Materials that only allow you to use it in certain ways. You may not work around any technical limitations in the Materials. For example, Time Is Ltd has technically limited or disabled extensibility for the Materials, and so you may not extend the Materials by, among other things, loading or injecting into the Materials any non-Time Is Ltd add-ins, macros, or packages; modifying the Materials registry settings; or adding features or functionality equivalent to that found in other products
You also may not
3.1 reverse engineer, decompile or disassemble the Materials, except and only to the extent that applicable law expressly permits, despite this limitation;
3.2 make more copies of the Materials, in whole or part, except for purposes permitted in this licence;
3.3 use any backup copy of the Materials for any purpose other than to replace the original copy in the event that it is destroyed or becomes defective;
3.4 publish the Materials for others to copy;
3.5 rent, lease or lend the Materials;
3.6 sub licence or assign the Materials;
3.7 copy, modify, translate, adapt or delete any written materials (manuals etc) supplied with the Materials
3.8 transfer the Materials or this agreement to any third party except where such transfer is permitted under this agreement; or
3.9 use the Materials for commercial software hosting services.
You undertake to ensure that, prior to use of the Materials by your employees, agents or (in the case of a charitable organisation) donees, all such parties are notified of this licence and the terms of this agreement.
5. Limited Warranty
5.1 Subject to the limitations and exclusions of liability below, Time is Ltd warrants:
5.1.1 The medium on which the Materials is recorded will be free from defects in materials and workmanship under normal use. If the medium upon which the software is supplied fails to conform to this warranty then the customer/ user can either call for a replacement or seek their money back. This condition is limited to a period of30 days from the date of purchase
5.1.2 the Materials will materially conform to documentation that accompanies the same
5.2 Time Is Ltd shall not be liable under the above mentioned warranties if the Materials fail to operate in accordance with the said warranty as a result of any modification, variation or addition to the Materials not performed by Time is Ltd or caused by any abuse, corruption or incorrect use of the Materials, including use of the Materials with equipment or other software which is incompatible or which does not comply with the minimum requirements noted in condition 10.
6. Non Reliance & Disclaimer on all other warranties
6.1 The Materials have been developed as a disability aid and as such no reliance should be made on the same. We do not, therefore, warrant that the Materials will meet your requirements or that its operation will be uninterrupted or error free.
6.2 We exclude and expressly disclaim all express and implied warranties guarantees or conditions not stated in this licence (including without limitation, loss of profits, loss or corruption, business interruption or loss of contracts), so far as such exclusion or disclaimer is permitted under the applicable law. This agreement does not affect your statutory rights.
7. Limitation on liability
7.1 Time is Ltd’s total liability for any losses shall not exceed the amount originally paid for the Materials.
7.2 In the event of a breach of the limited warranty given in condition 5.1.1 Time is Ltd shall have the option, in their absolute discretion to replace the medium on which the Materials are supplied or refund you the price paid for the Materials providing always that you provide proof of purchase.
7.3 In no event will Time is Ltd be liable for any indirect or consequential damages, or loss of profit, even if we have been advised of the possibility of such damages. In particular, we accept no liability for any programs or data made or stored with the Materials nor for the costs of recovering or replacing such programs or data.
7.4 Nothing in this end user licence shall limit liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence
7.5 You acknowledge and agree that the limitations contained in this clause are reasonable in light of all the circumstances
8. Your statutory rights
This licence gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions noted herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions
9. Term & Termination
The licence is effective until terminated. You may terminate it at any time by destroying the Materials together will all copies in any form. It will also terminate upon condition set out elsewhere in this agreement or if you fail to comply with any term or condition of this agreement or if you voluntarily return the Materials to us. You agree upon such termination to destroy the Materials together will all copies in any form.
10. Minimum System Requirements
For optimal performance the Materials should only be installed on systems complying with the following minimum requirements:
· Windows XP Service Pack 2 or Vista Service Pack 1 or Windows System 7 (N.B. Limitations with 64 bit OS)
· PC processor
o Recommended 2 GHz
o Minimum 1.6 Ghz
o Recommended 2 Gb
o Minimum 1 Gb
· Free Disk Space
o Recommended 1Gb
o Minimum 200 Mb
· Screen Resolution
o Recommended 1024x 768
o Minimum 1024 x 600
Limitations with 64 bit OS.
- The CereProc voices provided will not operate under 64 bit Operating Systems
- With 64 bit Access installed JayBee can exhibit failure to run.
The system will run with the minimum specification but with a reduced speed.
11. Internet Based Services
Currently the only service available via the internet is the provision of the Handbook.
12.1 On purchasing the Materials, and in order to prevent unlicensed use, you will be required to activate the Materials using a unique product key notified to you following your purchase of the Materials in a manner prompted during installation.
12.2 Activation required under condition 12.1 can occur by Internet or telephone; Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the Materials.
12.3 The person, corporate entity or charitable organisation activating the Materials in accordance with condition 12.1 shall be the deemed “Purchaser” in respect of the grant of the licence under condition 1.
12.4 Until activation occurs in accordance with condition 12.1 the Materials will repeatedly remind you to do so.
Any condition in this agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this agreement shall not be deleted by such deletion and shall continue in full force and affect.
15. Entire Agreement
This agreement, and the terms Time is Ltd supplies to you from time to time in respect of additional supplements, updates, Internet-based services and support services represent the entire understanding and agreement between the parties in respect of the provision of the Materials.
This agreement is personal to you and save as permitted in the terms herein you may not assign, transfer, sub-contract or otherwise part with this agreement or any right or obligation under it without Time is Ltd’s prior written consent.
Failure or neglect by either party to exercise any of its rights or remedies under this agreement will not be construed as a waiver of that party’s rights nor in any way affect the validity of the whole or part of this licence nor prejudice that party’s right to take subsequent action.
18. Applicable Law
The agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales and that their courts shall have the exclusive jurisdiction over all disputes.