Software Licence Agreement
In the past, we had a Software Support Agreement. Software support and software updates are now provided free of charge, to anyone who has purchased a copy of the WaveMaker software.
The WaveMaker LAYOUT software, hereinafter called the "SOFTWARE" and WAVEFORM software option, hereinafter called the "OPTION", are each supplied subject to the terms of this Licence Agreement, hereinafter called the "AGREEMENT".
- On payment of the licence fee and on agreement by the LICENSEE to abide by the terms and conditions of this agreement, Barnard Microsystems Limited, hereinafter called BML, grants the LICENSEE the non-exclusive right to use the SOFTWARE and the OPTION, each on a single computer.
- BML retains the title to and ownership of the SOFTWARE and the OPTION, regardless of the form, or, media in, or, on which the original, or, other copies may exist. This AGREEMENT is not a sale of the original SOFTWARE, or, of the OPTION.
- The SOFTWARE and the OPTION may only be replicated for backing up purposes, or, to use the SOFTWARE, or, the OPTION on another computer. Only one copy of the SOFTWARE and only one copy of the OPTION may exist on a computer, at any one time.
- The User Handbooks supplied with the SOFTWARE and the OPTION are the subject of copyright and must not be copied in any way.
- The LICENSEE may not distribute copies of the SOFTWARE, or, the OPTION, or, accompanying written materials, to others.
- The LICENSEE may not modify, adapt, translate, reverse engineer, decompile, disassemble, or, create derivative works, based on the SOFTWARE, or, the OPTION.
- The SOFTWARE and the OPTION are licensed only to the LICENSEE and may not be transferred to anyone on a temporary, or, permanent basis, without the prior written consent of BML.
- This AGREEMENT will terminate automatically, with notice from BML, if the LICENSEE fails to comply with any of the provisions in this AGREEMENT. Upon termination, the LICENSEE must return all written materials and all copies of the SOFTWARE and the OPTION, including modified copies, if any, to BML.
- BML, either itself, or through its authorised Representative, undertakes to provide, free of charge, software support for the SOFTWARE and the OPTION and any SOFTWARE and OPTION updates.
- BML guarantees that, to the best of its knowledge, the SOFTWARE and the OPTION will perform as specified in the appropriate User Handbook, supplied with the SOFTWARE and the OPTION. In the event of the SOFTWARE, or, the OPTION not performing as specified, BML will correct the SOFTWARE and the OPTION, as soon as possible. BML does not guarantee, or, make any representations regarding the use of the SOFTWARE, or, the OPTION, or, written materials, in terms of correctness, accuracy, reliability, or, otherwise. The entire risk as to the performance of the software, is assumed by the LICENSEE.
This AGREEMENT shall be governed by and interpreted according to the laws of England and BML and the LICENSEE agree to submit to the exclusive jurisdiction of the English Courts.