This Licence Agreement is a legal agreement between you (being the company
or organisation on behalf of whom/which this Licence Agreement has been agreed
to by ticking the “I accept this licence” box on the
www.portfolioprobe.com website)
and Burns Statistics Limited (the “Owner”).
The copyright and other intellectual property rights in the Portfolio Probe
software (the “Software”) and its associated documentation belong to the Owner
and this Licence Agreement sets out the terms and provisions on which you are
entitled to use the Software.
In this Licence Agreement references to the “Demo Version” are to the demonstration
version of the software and references to “Academic Version” are to the version
of the Software made available for use in recognised academic institutions only
and described as the “Academic Version” on the www.portfolioprobe.com
website. References to the “Commercial Version” are to all versions of the Software
other than the Demo Version and the Academic Version.
Part 1 of this Licence Agreement applies where you take the “Demo Version”.
Where you have taken a licence of the Demo Version and you wish to take a licence
of the Commercial Version you should follow the procedures and pay the licence
fee at www.portfolioprobe.com “Demo or Buy” section.
Part 2 of this Licence Agreement applies to the Commercial Version (whether
or not you have taken a licence of the Demo Version).
Part 3 of this Licence Agreement applies to the Academic Version.
Part 1
Licence applicable to the Demo Version
References to “this Licence” in this Part 1 of this Licence Agreement refer
and apply to the Demo Version only and not to any other version of the Software.
References to clause numbers in this Part 1 of this Licence Agreement are
to numbered clauses in this Part 1.
1. Grant of the Licence
1.1 This Licence shall come into force upon your activating the Demo Version
by using the key provided by the Owner and will last for a period of 30 days
from date of such activation only (the “Demo Period”). You acknowledge and agree
that the Demo Version will, or may, automatically “time-out” (that is to say,
cease to operate) at the end of the Demo Period if you have not by that time
been granted a licence for, and received a further key in order to activate,
the Commercial Version in accordance with Part 2 of this Licence Agreement.
1.2 With effect from the date shown in clause 1.1, the Owner grants you a
non-exclusive, non-transferable limited licence to use the Demo Version and
its associated documentation during the Demo Period solely for the purposes
of evaluating the Software for potential use in your business and strictly in
accordance with the terms and provisions of this Licence.
1.3 No licence fee is payable for your use of the Demo Version during the
Demo Period.
2. What you are/are not permitted to do and your obligations
2.1 You are permitted:
2.1.1 subject to clauses 2.1.3 and 2.2 to install the Demo Version and use
it:
(a) on a single server; or
(b) on a single network of computers; or
(c) on any single computer;
under your control;
2.2 You are not permitted to:
2.2.1 make any copies of the Demo Version;
2.2.2 use or install the Demo Version on any computers or servers outside
your control;
2.2.3 use the Demo version for any purposes other than evaluating the Software
for the purposes of your own potential business use;
2.2.4 assign this Licence Agreement or transfer the Demo Version to any third
party;
2.2.5 rent, lease, sub-licence, loan, copy, modify, adapt, merge, or translate
the whole or any part of the Demo Version or its associated documentation or
reproduce or deal in the Demo Version or its associated documentation or any
part thereof in any way;
2.2.6 disassemble, decompile, reverse engineer or create derivative works
based on the whole, or any part, of the Demo Version nor attempt to do any such
things except to the extent that such actions cannot be prohibited by law in
which case the provisions of clause 2.3 shall apply;
2.2.7 use or install the Demo Version or the associated documentation other
than as is permitted pursuant to clauses 1.2 and 2.1.
2.3 To the extent that English law gives you the right to decompile or reverse
engineer the Demo Version in order to obtain information necessary to render
the Demo Version interoperable with other computer programs, the Owner hereby
undertakes to make that information readily available to you. The Owner shall
have the right to impose reasonable conditions such as a reasonable fee for
doing so. In order to ensure that you receive the appropriate information, you
must first give the Owner sufficient details of your objectives and the other
software concerned. Requests for the appropriate information should be made
to Burns Statistics Limited at support@portfolioprobe.com.
3. Ownership
The Owner shall at all times retain ownership of the Demo Version and of
all other intellectual property and like property rights subsisting in the Demo
version, the Software and all associated documentation. Save for the rights
expressly granted to you pursuant to this Licence, all rights in the Demo Version
and the Software are retained by and belong to the Owner.
4. Exclusions and limitations
4.1 This Licence sets out the full extent of the Owner’s obligations and
liabilities in respect of the supply of the Demo Version. In particular, but
without limitation, no representations, conditions, warranties or other terms
of any kind are given in respect of the Demo Version and in particular, and
without limitation, all warranties, conditions, undertakings, terms and obligations
implied by statute, common law, trade usage, course of dealing or otherwise
are hereby excluded to the fullest extent permitted by law.
4.2 The Owner does not warrant that the Demo Version will meet your requirements
or that the operation of the Demo Version will be uninterrupted or error-free
or that defects in the Software will be corrected. In particular, without limitation,
the Owner does not warrant or guarantee that any specific results will be generated
by the Demo Version and you should not rely on the Software to provide you with
any specific advice or returns.
4.3 The Owner accepts no liability and shall have no liability of any kind
to you for any loss, liability or damage, whether arising in tort (including,
without limitation, negligence),for breach of contract or otherwise relating
to the Demo Version and in particular, without limitation the Owner shall not
be liable to you for any of the following arising out of your use of or otherwise
relating to the Demo Version:
(a) loss of income;
(b) loss of business, profits or contracts;
(c) business interruption;
(d) loss of the use of money or anticipated savings;
(e) loss of information;
(f) loss of opportunity, goodwill or reputation;
(g) loss of, damage to or corruption of data; or
(h) any direct, indirect or consequential loss or damage of any kind.
However nothing in this Licence Agreement excludes or limits the Owner’s
liability for death or personal injury caused by the Owner’s negligence, or
for fraud or fraudulent misrepresentation.
4.4 This Licence represents the entire agreement between the Owner and you
in relation to the licensing and use of the Demo Version and supersedes any
prior agreement, understanding or arrangement between the Owner and you relating
to the same, whether oral or in writing.
4.5 You acknowledge that, in entering into this Licence, you have not relied
on any representation, undertaking or promise given by the Owner prior to entering
into this Licence except as expressly stated in this Licence.
5. No Support
The Owner has no obligation to make any support available in respect of the
Demo Version although the Owner may in its sole discretion decide to make support
available.
6. Waiver
6.1 No forbearance, delay or indulgence by either party in enforcing the
provisions of this Licence shall prejudice or restrict the rights of that party
nor shall any waiver of its rights operate as a waiver of any subsequent breach
and no right, power or remedy herein conferred upon or reserved for either party
is exclusive of any other right, power or remedy available to that party and
each such right, power or remedy shall be cumulative.
7. Third Parties
7.1 The parties confirm their intent not to confer
any rights on any third parties by virtue of this Licence
and accordingly the Contracts (Rights of Third Parties)
Act 1999 shall not apply to this Licence.
8. Construction
8.1 The headings in this Licence are included for convenience only and shall
not affect the interpretation or construction of this Licence.
9. Law And Jurisdiction
This Licence Agreement and any dispute or claim arising out of or in connection
with it, its subject matter and its formation (including non-contractual disputes
or claims) shall be governed by and construed in accordance with English law
and submitted to the non-exclusive jurisdiction of the English courts.
10. Queries/Contact
If you have any questions concerning this Licence, please write to
patrick@burns-stat.com or by
post at Burns Statistics, 4-b Jodrell Road, London, E3 2LA, United Kingdom.
Part 2 – Licence for Commercial Version
References to “this Licence” and the “Software” in this Part 2 of this Licence
Agreement refer and apply to the Commercial Version only and not to the Demo
Version or to the Academic Version.
References to clause numbers in this Part 2 of this Licence Agreement are
to numbered clauses in this Part 2.
1. Grant of Licence
1.1 The Owner reserves the right to reject any application for a licence
to use the Software in its sole discretion. If the Owner rejects your application
for such licence, it will notify you by email and the provisions of this Licence
will not come into effect. You will not be sent a key to activate the Software
should your application for a licence to use the Software be rejected.
1.2 This Licence will come into force upon your first activating the Software
with the key or keys provided to you by the Owner in accordance with clause
2.2 or clause 2.3 provided that you have applied to purchase a licence for,
and agreed to pay the licence fee referred to in clause 2.1, for the appropriate
number of concurrent users and that the Owner has accepted that application.
1.3 With effect from the date shown in clause 1.2, the Owner grants you a
non-exclusive, non-transferable limited licence
to use the Software strictly in accordance with the terms and provisions
of this Licence.
2. Licence fee and Activating the Software
2.1 The licence fee is calculated by reference to the number of concurrent
users and is set out at www.portfolioprobe.com in the Demo or Buy section. Payment
may be made by cheque forwarded to the address set out at the end of this Licence
or by bank transfer. Instructions for purchasing additional licences for additional
concurrent users are also shown at www.portfolioprobe.com.
2.2 After your application has been accepted by the Owner and the Owner has
received the appropriate licence fee, the Owner will issue you with a key or
keys that will allow you to activate and use the Software for as long as this
Licence remains in force.
2.3 The Owner may in its sole discretion (but is not obliged to) send you
a temporary key or keys which will allow you to activate the Software once the
Owner has accepted your application, but before it has received the appropriate
licence fee, in order to allow time for the licence fee to reach the Owner.
You acknowledge that the Software activated by any temporary key or keys may
automatically “time-out” (that is to say, cease to operate) at the end of a
certain period and that the Owner may terminate this Licence at any time before
it has received payment of the appropriate licence fee.
3. What you are/are not permitted to do and your obligations
3.1 You are permitted:
3.1.1 subject to clauses 3.1.3 and 3.2 to install the Software and use it:
(a) on a single server; or
(b) on a single network of computers; or
(c) on any single computer;
under your control;
3.1.2 to transfer the Software from one computer or network of computers
or server to another under your control;
3.1.3 to use the Software only as follows:
(a) if you have purchased a single user licence or the Software is for single
use on one computer only; or
(b) if you have purchased more than one copy of the Software for the number
of concurrent users for which you have purchased a licence and paid the applicable
licence fee;
3.1.4 to make up to such number of copies of the Software as are reasonably
required for back-up purposes only in support of the permitted use. All copies
must reproduce and include the Owner’s copyright notice and such copies and
the media on which they are stored shall be the property of the Owner and this
Licence shall apply to all such copies.
3.2 You are not permitted to:
3.2.1 use or install the Software on any computers or servers outside your
control;
3.2.2 use the Software for any purposes other than your own internal business
purposes;
3.2.3 assign this agreement or transfer the Software to any third party;
3.2.4 rent, lease, sub-licence, loan, copy, modify, adapt, merge, or translate
the whole or any part of the Software or its associated documentation or reproduce
or deal in the Software or any part thereof in any way;
3.2.5 disassemble, decompile, reverse engineer or create derivative works
based on the whole, or any part, of the Software nor attempt to do any such
things except to the extent that such actions cannot be prohibited by law in
which case the provisions of clause 3.3 shall apply;
3.2.6 use or install the Software other than as is permitted pursuant to
clause 3.1.
3.3 To the extent that English law gives you the right to decompile or reverse
engineer the Software in order to obtain information necessary to render the
Software interoperable with other computer programs, the Owner hereby undertakes
to make that information readily available to you. The Owner shall have the
right to impose reasonable conditions such as a reasonable fee for doing so.
In order to ensure that you receive the appropriate information, you must first
give the Owner sufficient details of your objectives and the other software
concerned. Requests for the appropriate information should be made to Burns
Statistics Limited at support@portfolioprobe.com.
3.4 You agree to keep all copies of the Software secure and to maintain accurate
and to keep up to date records of the number and locations of all copies of
the Software and the number of concurrent users of the Software at any time.
3.5 You must permit the Owner and its representatives, at all reasonable
times and on reasonable advance notice, to inspect and have access to any premises
at which the Software is being kept or used, to any equipment located there,
and to any records kept pursuant to this Licence or otherwise relating to the
Software, for the purpose of ensuring that you are complying with the terms
of this Licence.
4. Term
4.1 This Licence shall remain in force for an indefinite period unless and
until it is terminated in accordance with clause 2.3 or 4.2.
4.2 The Owner may terminate this Licence if you fail to abide by any of the
terms set out herein in particular, but not limited to, if you fail to meet
the payment obligation set out in clause 2.1 or if at any time the number of
concurrent users of the Software is greater than the number of concurrent users
for which you have purchased a licence and paid the licence fee.
4.3 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities permitted by this Licence; and
(c) you must immediately delete and destroy all copies of the Software then
in your possession, custody or control. You agree to confirm that to the Owner
upon request.
5. Ownership
5.1 The Owner shall at all times retain ownership of the Software and of
all other intellectual property and like proprietary rights subsisting in the
Software and the associated documentation. Save for the rights expressly granted
to you pursuant to this Licence, all rights in the Software and the associated
documentation are retained by and belong to the Owner.
6. Warranties, Limitations and Exclusions
6.1 The Owner’s warranties under this Licence are given and available only
to you and not to any other person, firm or entity.
6.2 The Owner warrants that the Software will perform substantially in accordance
with accompanying documentation available on the www.portfolioprobe.com website
at the date on which you agreed to the terms and provisions of this Licence
Agreement by ticking the “I accept this licence” box (provided that the Software
is properly used on the computer and with the operating system for which it
was designed) for a period of 90 days from the date on which you first activated
it in accordance with clause 1.2. If the Owner is notified of any such significant
failures during the Warranty Period, it will correct such significant failures
in the Software which have been notified to it within a reasonable time or (at
its option) provide or authorise a refund (against return of the Software and
all copies of it).
6.3 The above represent your sole remedies for any breach of the Owner’s
warranties.
6.4 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. In particular, without limitation,
the Owner does not warrant or guarantee any specific results will be generated
by the Software and you should not rely on the Software to provide you with
any specific advice or returns.
6.5 Subject to clause 6.6, the Owner accepts no liability and shall have
no liability of any kind to you for any of the following arising from your use
of the Software or otherwise relating to the Software and whether arising in
tort (including, without limitation, negligence), for breach of contract or
otherwise:
(a) loss of income;
(b) loss of business, profits or contracts;
(c) business interruption;
(d) loss of the use of money or anticipated savings;
(e) loss of information;
(f) loss of opportunity, goodwill or reputation;
(g) loss of, damage to or corruption of data;
(h) any indirect loss or damage of any kind; or
(i) any consequential loss or damage of any kind.
Subject to clause 6.6, the Owner’s maximum aggregate liability to you in
connection with this Licence whether arising in tort (including, without limitation,
negligence) or for breach of contract or otherwise shall not exceed the licence
fee paid by you for the Software.
6.6 Nothing in this Licence Agreement excludes or limits the Owner’s liability
for death or personal injury caused by the Owner’s negligence, or for fraud
or fraudulent misrepresentation.
6.7 This Licence sets out the full extent of the Owner’s obligations and
liabilities in respect of the supply of the Software. In particular, but without
limitation, the express terms of this Licence are in lieu of all warranties,
conditions, undertakings, terms and obligations implied by statute, common law,
trade usage, course of dealing or otherwise all of which are hereby excluded
to the fullest extent permitted by law.
6.8 This Licence represents the entire agreement between the Owner and you
in relation to the licensing of the Software and supersedes any prior agreement,
understanding or arrangement between the Owner and you, whether oral or in writing.
6.9 You acknowledge that, in entering into this Licence, you have not relied
on any representation, undertaking or promise given by the Owner prior to entering
into this Licence except as expressly stated in this Licence.
7. Support
7.1 The Owner’s technical support staff will endeavour to answer by email
any queries you may have regarding the use of the Software during the Warranty
Period and may at its discretion (but shall not be obliged to) do so after the
Warranty Period has come to an end.
8. Waiver
8.1 No forbearance, delay or indulgence by either party in enforcing the
provisions of this Licence shall prejudice or restrict the rights of that party
nor shall any waiver of its rights operate as a waiver of any subsequent breach
and no right, power or remedy herein conferred upon or reserved for either party
is exclusive of any other right, power or remedy available to that party and
each such right, power or remedy shall be cumulative.
9. Third Parties
9.1 The parties confirm their intent not to confer any rights on any third
parties by virtue of this Licence and accordingly the Contracts (Rights of Third
Parties)
Act 1999 shall not apply to this Licence.
10. Construction
10.1 The headings in this Licence are included for convenience only and shall
not affect the interpretation or construction of this Licence.
11. Law And Jurisdiction
11.1 This Licence Agreement and any dispute or claim arising out of or in
This Licence Agreement, its subject matter and its formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with English
law and submitted to the non-exclusive jurisdiction of the English courts.
12. Queries/Contact
If you have any questions concerning this Licence, please write to
Patrick@burns-stat.com or by post
at Burns Statistics, 4-b Jodrell Road, London, E3 2LA, United Kingdom.
Part 3 – Licence for Academic Version
This Licence Agreement is a legal agreement between you (being the academic
institution on behalf of which this Licence Agreement has been agreed to by
ticking the “I accept this licence” box on the www.portfolioprobe.com website)
and Burns Statistics Limited (the “Owner”).
The copyright and other intellectual property rights in the Portfolio Probe
software (the “Software”) and its associated documentation belong to the Owner
and this Licence Agreement sets out the terms and provisions on which you are
entitled to use the Software.
In this Licence Agreement references the “Academic Version” are to the version
of the Software made available for non –commercial use in finance or economics
departments of recognised universities and established business schools only
and described as the “Academic Version” on the www.portfolioprobe.com website.
This Licence Agreement applies to the Academic Version only. It does not
apply to any other version of the Software, including the “Demo Version” or
the “Commercial Version” as described on the www.portfolioprobe.com website,
for which a separate licence will be needed.
Licence applicable to the Academic Version
References are to clause numbers in this Licence Agreement.
1. Grant of the Licence
1.1 The Owner reserves the right to reject any application for a licence
to use the Academic Version in its sole discretion. If the Owner rejects your
application for such licence, it will notify you by email and the provisions
of this Licence will not come into effect. You will not be sent a key to activate
the Software should your application for a licence to use the Software be rejected.
1.2 By agreeing to this Licence you warrant and confirm that you are a recognised
university or established business school of equivalent standing.
1.3 This Licence shall come into force upon your activating the Academic
Version by using the key provided by the Owner and will last for such a period
as is specified by the Owner when providing you with the key (the “ Applicable
Period”) or until earlier terminated. The Owner may in its sole discretion,
but is not obliged to, send you further keys allowing you to continue to use
the Academic Version for further Applicable Periods unless you request the Owner
not to by email or letter to the address shown in section 11.
1.4 You acknowledge and agree that the Academic Version will, or may, automatically
“time-out” (that is to say, cease to operate) at the end of each Applicable
Period.
1.5 With effect from the date shown in clause 1.3, the Owner grants you a
non-exclusive, non-transferable limited licence to use the Academic Version
and its associated documentation strictly in accordance with the terms and provisions
of this Licence.
1.3 No licence fee is payable for your use of the Academic Version as permitted
by this Licence.
2. What you are/are not permitted to do and your obligations
2.1 You are permitted to :
(a) use the Academic Version within your finance or economics department
(“Applicable Department”) only
(b) use the Academic Version for the purposes of conducting academic research
within the Applicable Department only (the “Permitted Purpose”)
(c) install the Academic Version only on servers or other equipment under
your control or under the control of Authorised Users. For the purposes of this
Licence Agreement “Authorised Users” are students registered for courses in
the Applicable Department and faculty staff in the Applicable Department
(c) permit Authorised Users to use or access the Academic Version for the
Permitted Purpose only provided that you cease to allow such use and access
immediately any such student ceases to be registered as a student on a course
in the Applicable Department or any such member of staff ceases to be employed
in the Applicable Department.
2.2 You are not permitted to:
2.2.1 use or install the Academic Version on any computers or servers outside
your control or that of your Authorised Users;
2.2.2 use the Academic Version for any purposes other than the Permitted
Purpose and, without limitation, you must not use the Academic Version to manage
money or for any commercial purpose;
2.2.3 allow anyone other than Authorised Users to use or have access to the
Academic Version;
2.2.4 assign this Licence Agreement or transfer the Academic Version to any
third party or use the Academic Version outside the Applicable Department;
2.2.5 rent, lease, sub-licence, loan, copy, modify, adapt, merge, or translate
the whole or any part of the Academic Version or its associated documentation
or reproduce or deal in the Academic Version or its associated documentation
or any part thereof in any way;
2.2.6 disassemble, decompile, reverse engineer or create derivative works
based on the whole, or any part, of the Demo Version nor attempt to do any such
things except to the extent that such actions cannot be prohibited by law in
which case the provisions of clause 2.3 shall apply;
2.2.7 use or install the Academic Version or the associated documentation
other than as is expressly permitted pursuant to this Licence.
2.3 To the extent that English law gives you the right to decompile or reverse
engineer the Academic Version in order to obtain information necessary to render
the Academic Version interoperable with other computer programs, the Owner hereby
undertakes to make that information readily available to you. The Owner shall
have the right to impose reasonable conditions such as a reasonable fee for
doing so. In order to ensure that you receive the appropriate information, you
must first give the Owner sufficient details of your objectives and the other
software concerned. Requests for the appropriate information should be made
to Burns Statistics Limited at support@portfolioprobe.com.
2.4 You agree to procure that each Authorised User complies with the provisions
of this Licence as if he or she had been named in it in place of you and you
shall be responsible for any breach of this Licence by any Authorised User.
2.5 You must permit the Owner and its representatives, at all reasonable
times and on reasonable advance notice, to inspect and have access to any premises
at which the Academic Version is being kept or used, to any equipment located
there, and to any records kept pursuant to this Licence or otherwise relating
to the Academic Version, for the purpose of ensuring that you are complying
with the terms of this Licence.
3. Ownership
The Owner shall at all times retain ownership of the Academic Version and
of all other intellectual property and like property rights subsisting in the
Academic Version, the Software and all associated documentation. Save for the
rights expressly granted to you pursuant to this Licence, all rights in the
Academic Version and the Software are retained by and belong to the Owner.
4. Term
4.1 This Licence shall remain in force for each consecutive Applicable Period
until otherwise terminated in accordance with any other provision in it.
4.2 The Owner may terminate this Licence if you fail to abide by any of the
terms set out herein.
4.3 The Owner may terminate this Licence at any time by not supplying you
with a further key to activate the Academic Version at the end of any Applicable
Period
4.4 You may terminate this Licence by notifying the Owner that you do not
require a further key pursuant to clause 1.3.
4.3 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities permitted by this Licence; and
(c) you must immediately delete and destroy all copies of the Academic Version
then in your possession, custody or control. You agree to confirm that to the
Owner upon request.
5. Exclusions and limitations
5.1 This Licence sets out the full extent of the Owner’s obligations and
liabilities in respect of the supply of the Academic Version. In particular,
but without limitation, no representations, conditions, warranties or other
terms of any kind are given in respect of the Academic Version and in particular,
and without limitation, all warranties, conditions, undertakings, terms and
obligations implied by statute, common law, trade usage, course of dealing or
otherwise are hereby excluded to the fullest extent permitted by law.
5.2 The Owner does not warrant that the Academic Version will meet your requirements
or that the operation of the Academic Version will be uninterrupted or error-free
or that defects in the Software will be corrected. In particular, without limitation,
the Owner does not warrant or guarantee that any specific results will be generated
by the Academic Version and you should not rely on the Academic Version to provide
you with any specific advice or returns.
5.3 The Owner accepts no liability and shall have no liability of any kind
to you for any loss, liability or damage, whether arising in tort including,
without limitation, negligence, for breach of contract or otherwise relating
to the Academic Version and, in particular, without limitation the Owner shall
not be liable to you for any of the following arising out of your use of or
otherwise relating to the Academic Version:
(a) loss of income;
(b) loss of business, profits or contracts;
(c) business interruption;
(d) loss of the use of money or anticipated savings;
(e) loss of information;
(f) loss of opportunity, goodwill or reputation;
(g) loss of, damage to or corruption of data; or
(h) any direct, indirect or consequential loss or damage of any kind.
However nothing in this Licence Agreement excludes or limits the Owner’s
liability for death or personal injury caused by the Owner’s negligence, or
for fraud or fraudulent misrepresentation.
5.4 This Licence represents the entire agreement between the Owner and you
in relation to the licensing and use of the Academic Version and supersedes
any prior agreement, understanding or arrangement between the Owner and you
relating to the same, whether oral or in writing.
5.5 You acknowledge that, in entering into this Licence, you have not relied
on any representation, undertaking or promise given by the Owner prior to entering
into this Licence except as expressly stated in this Licence.
6. No Support
The Owner has no obligation to make any support available in respect of the
Academic Version although the Owner may in its sole discretion decide to make
support available.
7. Waiver
7.1 No forbearance, delay or indulgence by either party in enforcing the
provisions of this Licence shall prejudice or restrict the rights of that party
nor shall any waiver of its rights operate as a waiver of any subsequent breach
and no right, power or remedy herein conferred upon or reserved for either party
is exclusive of any other right, power or remedy available to that party and
each such right, power or remedy shall be cumulative.
8. Third Parties
8.1 The parties confirm their intent not to confer any rights on any third
parties by virtue of this Licence and accordingly the Contracts (Rights of Third
Parties) Act 1999 shall not apply to this Licence.
9. Construction
8.1 The headings in this Licence are included for convenience only and shall
not affect the interpretation or construction of this Licence.
10. Law And Jurisdiction
This Licence Agreement and any dispute or claim arising out of or in connection
with it, its subject matter and its formation (including non-contractual disputes
or claims) shall be governed by and construed in accordance with English law
and submitted to the non-exclusive jurisdiction of the English courts.
11. Queries/Contact
If you have any questions concerning this Licence, please write to
patrick@burns-stat.com or by post
at Burns Statistics, 4-b Jodrell Road, London, E3 2LA, United Kingdom.
