Software License Agreement
All Rights Reserved
Your Agreement to this License
You should carefully read the following terms and conditions before using, installing or distributing this software. Unless you have a different license agreement signed by Clarks Computer Systems Ltd.(“Clarks”) your use, distribution, or installation of Clarks software indicates your acceptance of this agreement (“License”).
If you do not agree to all of the terms and conditions of this License, then:
(a) do not copy, install, distribute or use any copy of Clarks software with which this License is included, and
(b) in addition, if you paid Clarks or an authorized Clarks reseller for a package consisting of one or more copies of Clarks software, you may return the complete package unused, within thirty (30) days after purchase, for a full refund of your payment.
The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of Clarks software. For purposes of this License, if you have a valid single-copy license, you have the right to use a single “Licensed Copy” of Clarks software; if you or your organization has a valid multi-user license, then you or your organization have/has the right to use up to a number of “Licensed Copies” of Clarks software equal to the number of copies indicated in the invoice issued by Clarks when granting the license.
Scope of License
Each Licensed Copy of Clarks software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. This is not a concurrent use license.
Each Licensed Copy may be accessed through a network, provided that you have purchased rights to use a Licensed Copy for each workstation that will access Clarks software through the network. For instance, if 8 different workstations will access Clarks software on the network, you must purchase rights to use 8 Licensed Copies of Clarks software, regardless of whether the 8 workstations will access Clarks software at different times or concurrently.
All rights of any kind in Clarks software which are not expressly granted in this License are entirely and exclusively reserved to and by Clarks. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, Clarks software, nor permit anyone else to do so. You may not make access to Clarks software available to others in connection
with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
Clarks Computer Systems Ltd reserves the right to change prices of accounts or services at any time, although all pricing is guaranteed for the period of any prepayment. Payment is due within 30 days of the date of invoice. Customers will automatically be charged again at the end of their period unless closure notification has already been given in writing 90 days prior to the date of renewal.
In situations where payment has not been made within the 30 days stipulated Clarks Computer Systems Ltd reserve the right to immediately suspend the facility and services to the client until the outstanding charge is processed successfully. In addition, Clarks Computer Systems Ltd reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
All invoices will be sent directly to customers via post or email shortly after the purchase has been made. At this point the customer’ will be expected to pay within 30 days of the date of invoice.
All payment is in UK sterling.
Cancellation and refunds
Clarks Computer Systems Ltd reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Clarks Computer Systems Ltd’ terms of service a refund will not be issued in the event of a cancellation.
Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by Clarks Computer Systems Ltd. In addition some accounts incur set-up fees, these charges are also non-refundable.
Customers are required to give written confirmation 90 days prior to the cancellation the services provided to them by Clarks Computer Systems Ltd or any of Clarks Computer Systems Ltd third party providers.
Warranty Disclaimers and Liability Limitations
Clarks software, and any and all accompanying software, files, data and materials, are distributed And provided “as is” and with no warranties of any Kind, whether express or implied. In particular, there is no warranty for virus scanning, Clarks software does not scan for viruses. You acknowledge that good data processing procedure dictates that any program, including Clarks software, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Clarks software covered by this License. This disclaimer of warranty constitutes an essential part of this license.
Any liability of Clarks will be limited exclusively to Refund of purchase price. In addition, in no event shall Clarks, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, or punitive damages whatsoever relating to the use of Clarks software, or to your relationship with Clarks.
In addition, in no event does Clarks authorize you or anyone else to use Clarks software in applications or systems where Clarks software’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use is entirely at your own risk, and you agree to hold Clarks harmless from any and all claims or Losses relating to such unauthorized use.
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of the United Kingdom. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the United Kingdom, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by Clarks herein. Any waiver by Clarks of any violation of this License by you shall not constitute, nor contribute to, a waiver by larks of any other or future violation of the same provision, or any other provision, of this License.