TECHNISOFT TERMS AND CONDITIONS
END
USER LICENSE AGREEMENT FOR PAYMASTER COMPUTER PROGRAMS
FROM TECHNISOFT
IMPORTANT-
PLEASE READ CAREFULLY
By installing the software (as defined below), 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, do not install, copy or otherwise use the
software.
THIS
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.
The
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
License Agreement.
1.
DEFINITIONS
"Software" means software written by Technisoft including,
but not linited 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.
"You"
means an individual and/or a legal entity exercising rights
under, and complying with all of the terms of, this License.
"TECHNISOFT"
means TECHNISOFT as a division of Castlemere CC, a company
owning exclusive rights to the Software.
2.
LICENSE
Subject to the restrictions contained in this Section 4,
TECHNISOFT grants to You a non-exclusive and
non-transferable, license to use Software. Such licence may
be renewable annually on payment of a licence fee that will
be determined, from time to time by TECHNISOFT.
3.
RIGHTS GRANTED BY THE PRESENT LICENSE
According to the present License Agreement You are entitled
to:
i. install and use unlimited number of
copies of the Software at an unlimited number of computers;
ii. copy the Software for personal use or
for transfer to the third persons provided that no fee is
charged.
4.
LIMITATIONS OF USE
You do not have the right to:
i. Reverse engineer, decompile, or
disassemble the Software except for the 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 You with the necessary information, which You
want to obtain as a result of reverse engineering,
decompiling, or disassembling the Software. TECHNISOFT has
the right to impose reasonable conditions such as a
reasonable fee for doing so. 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
http://www.technisoft-online.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;
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 the third persons You shall transfer
distribution package/installation files in original form
without changing them in any ways.
5.
TECHNICAL SUPPORT
Due to the fact that Software is supplied as Freeware,
reaction of the support service and any resolution of the
problems, which may arise during its use, installation and
removal are not guaranteed. However, technical support of
the Software may be provided under a separate contract
between You and TECHNISOFT.
6.
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 other then by terminating any use of the
Software and by destroying all copies of it, which are at
your disposal.
7.
UPDATES.
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.
8.
DISCLAIMER OF WARRANTY:
The Software is provided to You at no charge. 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 non-infringement 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.
9.
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 of the Technisoft
software, even if Technisoft has been advised of the
possibility of such damages. You agree that 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.
10.
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.
11.
MISCELLANEOUS:
Severability.
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.
Export.
You agree that You will not export or
re-export the Software outside of the jurisdiction in which
You obtained it without the appropriate government licenses.
Entire
Agreement.
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.
Reservation
of rights.
All rights not expressly granted in this Agreement are
reserved by TECHNISOFT.
(c)Copyright
2001-2015 TECHNISOFT . All rights reserved. Protected by
copyright and licenses restricting use, copying,
distribution and decompilation.