End User Licence Agreement



    Licence

  1. Under this End User Licence Agreement (the “Agreement”), KwelzInitiatives (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable Licence (the Licence”) to use the Crane and Rigging Companion (the “Software”).

  2. “Software” includes the executable Application and any related printed, electronic or online documentation and any other files that accompany the product.

  3. Title, copyright, intellectual property rights and distribution rights of the Software remain with the Vendor. Intellectual property rights include the look and feel of the Software. The Agreement constitutes a licence for the use only and is not in any way a transfer of ownership rights of the Software.

  4. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this agreement to any other person or legal entity. The Licensee may not make available the Software for the use by one or more third parties.

  5. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.

  6. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.

    7. Limitation of Liability

  7. The Software is provided by the Vendor and accepted by the Licensee”as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic damages suffered by the Licensee arising from the use of the Software, use of any information provided by the Software , or failure to use the Software.

  8. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.

  9. The Vendor does not warrant that the use of this Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined by the industry.

    10. Acceptance

  10. All terms, conditions, and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on installation of the Software.

    11. User Support

  11. No user support or maintenance is provided as part of this Agreement.

    12. Term

  12. The terms of this Agreement will being on Acceptance and is perpetual

    13. Termination

  13. This Agreement will be terminated and the Licence forfeited when the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.

    14. Miscellaneous

  14. This Agreement does not create or imply any relationship in agency or partnership between Vendor and Licensee.

  15. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

  16. If any term, covenant, condition or provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is the parties' intent that such provision be reduced in scope by court only to the extent deemed necessary by the court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

  17. This Agreement contains the entire agreement between parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

  18. This Agreement and the terms and conditions in this Agreement apply to and are binding upon the Vendor's successors and assigns.

  19. All notices to the Vendor under this Agreement are to be provided to :
    kwelzinitiatives@gmail.com