LICENCE AGREEMENT FOR THE USE OF PROFORM PROFESSIONAL AND DATA EXPORT
The copyright in the Software and Data (as defined below) is owned by Proform Racing Limited ("the Owner").
You may not load the Software into any computer or copy it without the licence of the Owner. The Owner offers you a two computer licence on the terms of this Agreement.
The software will not allow research or work as a form book without a valid current on going subscription.
If you do not accept these terms then do not install Proform Professional.
In this Agreement:
"Data" means the information in Proform Professional.
"Software" means Proform Professional.
You are permitted to:
- Load the Software and use it only on a two computers, which are under your control;
- To use the Data on your internal computers for your own research purposes.
- To use the software with a valid subscription. The software will not allow research or work as a form book without a valid current on going subscription.
You are not permitted to:
(a) To use the Software or the Data on any computer or system which permits electronic access to it by more than one user;
(b) To rent, lease, sub-license, loan, copy (except as expressly provided in this Agreement), modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or the Data or its associated documentation;
(c) Except as expressly provided in this Agreement, to use, reproduce or deal in the Software or the Data in any way.
(d) To pass the information contained in the Data to a third party or to develop a competitive product or producer or use it for commercial gain in any format or way.
You shall be deemed to have accepted the terms of this Agreement by loading the Software into any Computer.
This licence is effective until you terminate it by destroying the Software and its documentation together with all copies. It will also terminate if you fail to abide by this Agreement. Upon termination you agree to destroy all copies of the Software and its documentation including any Software and Data stored on the hard disk of any computer under your control.
We will provide a refund in full only if the software can not be installed on your omputer and this refund will only apply after one of our technicians have attempted the installtion via live remote support. If you do not allow remote support then there will be no refunds.
The Owner warrants that the Software will perform substantially in accordance with its accompanying documentation and help files (provided it is used in accordance with the hardware/software configuration as specified), but does not warrant that the Software and Data will meet all your requirements, or that the operation of the Software will be uninterrupted or error-free.
The above represents your sole remedies for any breach of the Owner's warranties which are given only to the original subscriber.
Notwithstanding anything else contained in this Agreement the Owner shall not be liable to the Licensee or any third party for loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss or damage whatsoever and whether arising from the Licensee's use of or inability to use the Data or from errors or deficiencies in it or negligence breach of contract or howsoever.
The owner does not exclude liability for death or personal injury (caused by the Ownerís negligence) including lost profits or other consequential loss arising from your use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise except as expressly provided herein.
The Owner does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected. You shall load and use the Software at your own risk and in no event will the Owner be liable to you for any loss or damage of any kind including lost profits or other consequential loss arising from your use of, or ability to use the Software, or from errors or deficiencies in it whether caused by negligence or otherwise except as provided herein.
The Owner reserves the right to revise the operation and accompanying software and documentation and to make changes in the contract without obligation to notify you of the revisions or changes.
The express terms of this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statue, common law, custom, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
This agreement shall be governed by English law
Licence Agreement Proform Racing Limited, 1-3 St. Anne's Place, Halifax, West Yorkshire, HX1 5RB