Installer Creation Licence Agreement

PLEASE READ THIS LICENCE CAREFULLY BEFORE CREATING AN INSTALLER. BY CREATING AN INSTALLER YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT CREATE AN INSTALLER.

DssW Power Manager Installer Creation Licence Agreement

Notice To User: This is a contract between you and Dragon Systems Installer Limited ("DssW"), a company incorporated under the laws of England, United Kingdom, by creating and/or using the Installer (the Installer) you accept all the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, cease to use the Installer and remove it from your Computer Systems.

This is a licence agreement and not an agreement for sale. DssW continues to own the Installer and all copies that you are authorised to make pursuant to this Agreement.

  1. Use of the Installer. You may -

    1. Distribute the Installer within your organisation, where the recipient is licensed to use DssW Power Manager.

    2. Distribute the Installer to your customers, where a customised DssW Power Manager schedule or configuration is included as part of the Installer, and the recipient is licensed to use DssW Power Manager.

    3. Not distribute the Installer with the intention of causing harm or damage to DssW, your customers, or the public.

    4. Not claim the Installer is from DssW, or any of its representatives.

    5. Not allow the distribute the Installer beyond your control.

    If requested by DssW in writing or by e-mail, you must immediately cease distributing the Installer.

    THE Installer IS NOT INTENDED FOR USE IN FACILITIES OR ENVIRONMENTS IN WHICH CASE THE FAILURE OF THE Installer COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

  2. Copyright.

    The Installer is the intellectual property of DssW and its suppliers and is protected by United Kingdom copyright law, international treaty provisions, and applicable laws of the country in which it is being used. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Installer.

  3. Ownership.

    The Installer and contents are licensed, not sold, to you for use only under terms of this Licence. DssW reserves all rights not expressly granted to you in the Licence. DssW and/or DssW's licensors retain title to the Installer and related documentation and all intellectual property rights therein. This agreement does not grant you any intellectual property rights.

  4. Limited Warranty.

    DssW warrants to you that the Installer will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt of the Installer. To make a warranty claim, you must contact DssW within the thirty (30) day period for further instructions. If the Installer does not perform substantially in accordance with the Documentation, the entire and exclusive liability of DssW and its suppliers, and exclusive remedy shall be limited to either, at DssW's option, the replacement of the Installer or the refund of the Licence fee you paid for the Installer. Where a fee is refunded, DssW may decide the method of returning the fee.

    DssW and its suppliers do not and cannot warrant the performance or results you may obtain by using the Installer or Documentation. The foregoing states that the sole and exclusive remedies for DssW's or its suppliers' breach of the warranty. Except for the foregoing limited warranty, and for any warranty which cannot be excluded or limited by compulsory law in the United Kingdom, DssW and its suppliers make no warranties or conditions, express or implied, as to the non infringement of third party rights, merchantability, satisfactory quality or fitness for any particular purpose. In no event will DssW or its suppliers be liable to you for any damages whatsoever (including, without limitation consequential, incidental, or special damages, including any lost profits or lost savings) arising out of the use or inability to use the Installer even if a DssW representative has been advised of the possibility of such damages, or for any claim by third party. Where liability cannot be legally excluded, but it may be limited, DssW's liability and that of its suppliers shall be limited to the amount paid for the Licences.

    Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.

  5. Governing Law and General Provisions.

    This Agreement shall be governed by and construed in accordance with the laws of England, United Kingdom whose courts shall have jurisdiction over all disputes relating to the Agreement.

    This is the entire agreement between DssW and you relating to the Product and it supersedes any prior representations, discussions, undertakings, end user licence agreements, communications or advertising relating to the Product.

    If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This agreement will automatically terminate upon failure by you to comply with its terms. This shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified in writing signed by an authorised officer of DssW.

    Unpublished-rights reserved under the copyright laws of the United Kingdom. Dragon Systems Software Limited, 3rd Floor Suite, 41-43 Broad Street, Hereford, Herefordshire, HR4 9AR, United Kingdom.

If you have any questions concerning this agreement, please do not hesitate to contact DssW by e-mail or write to:

Dragon Systems Software Limited
3rd Floor Suite
41-43 Broad Street
Hereford, Herefordshire
HR4 9AR
United Kingdom

Or e-mail .