SkandanTech provides the software on as is bases, and makes no representation or warranty that the software or documentation are error free or meet any users particular standards, requirements, or needs.
The Software license acquired by the Customer is only for a Single Computer and Single User. The Customer is not permitted to share the license running in the Computer using Shared drive or Java Technologies for other users over Internet or Intranet or remote Configuration or Build Management Techniques. Any infringement of this shall lead to Termination of the License and shall be treated by SkandanTech as license infringement by the Customer.
2.1 All contracts between SkandanTech and the person acquiring the licence to use the Software ("the Customer") are subject to the following terms and conditions. No addition or variation to these conditions or any contract is effective unless agreed in writing and signed by an authorised representative of SkandanTech. These conditions override any other terms and conditions in any document or other communication used in any order by the Customer.
2.2 Any quotation given by SkandanTech is not an offer of a contract. A binding contract is created when an acknowledgement of the Customer’s order ("the Acknowledgement") is sent by SkandanTech. The Acknowledgement will be sent by e-mail or fax and will be deemed to have been received by the Customer within 2 hours of sending.
3.1 Any stated delivery date or time is an estimate only and shall not be of the essence in this Contract. SkandanTech will use reasonable endeavours to meet any such date or time but it shall not be binding on SkandanTech and SkandanTech shall not incur any liability whatsoever for any loss or damage resulting from the delay however caused.
3.2 Delivery shall be made electronically. If the Customer requests special delivery arrangements, any additional costs incurred shall be payable by the Customer.
3.3 The Software shall be deemed to have been delivered as follows:
(a) electronic delivery - within 2 hours of email notification by SkandanTech of the electronic download location ; (b) electronic delivery - the download location will be deactivated after 7 days of electronic email notification to the Customer. If the Customer requests repeat delivery, any additional costs incurred shall be payable by the Customer; (c) electronic delivery - SkandanTech shall not be liable for any loss or corruption or virus infection of the email notification during the electoronic delivery;The Customer will not acquire title, copyright or other proprietary rights in the Software, including any materials provided under the Maintenance Service or in any copies of it.
5.1 Any Reverse Engineering attempts by the Customer to recreate the software will lead to termination of the license.
5.2 On termination of the Licence however caused the Customer shall immediately cease to use the Software and delete all copies of the software.
5.3 If the Customer cancels his order, SkandanTech shall be entitled to retain any payment made by the Customer to recover any loss sustained thereby from him.
All specifications, descriptions, drawings, catalogues, advertising matter and samples of the Software are approximate only, being intended to serve as a guide and so the Customer shall not rely on them and SkandanTech shall not be liable for their accuracy.
7.1 Under no circumstances shall the liability of SkandanTech to the Customer (whether in contract or for negligence or otherwise) exceed the price of the Software received from SkandanTech.
7.2 If upon investigation a problem reported by the Customer is found not to be the responsibility of SkandanTech under the provisions of this clause, then the Customer shall pay all reasonable costs and expenses incurred by SkandanTech as a result of such investigation.
7.3 Clause 7 does not provide the Customer the rights to software updates after the sale of license.
8.1 The Software may not be used by any person other than the Customer or an employee of the Customer in the course of his employment with the Customer.
8.2 The Customer is permitted to make a back up copy of the Software, but shall not otherwise make or permit others to make any copies of the Software without the prior consent of SkandanTech.
SkandanTech shall not be liable for any infringement of any intellectual property rights caused by the Software or its use by the Customer. The Customer shall forthwith notify SkandanTech of any allegations of any such infringement. SkandanTech may at its own expense conduct negotiations or proceedings arising from any such allegation.
These terms and conditions are governed by English law and the parties submit to the jurisdiction of the English court.
Any notice under these terms and conditions shall be in writing and given:
(a) to SkandanTech Ltd at 4 Rectory House, Chapel Street, Billericay, Essex, CM12 9NA, UK.
(b) to the Customer at its Registered Office or any other address or fax number from which SkandanTech has received communication from the Customer.