Terms and Conditions

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING,
INSTALLING OR ACTIVATING ANY SOFTWARE FROM THIS WEBSITE.

This Beta Version Licence Agreement (BVLA) is a legal agreement between you (individual or entity) and The Rope Effect ("We" or the "Licensor") for this software product ("Software") which includes computer software, the data supplied with it and online or electronic documentation (“Documentation”). The Software also includes associated media, printed materials and any updates or supplements provided to you by The Rope Effect. The Software is being made available to you under the terms of this BVLA. By agreeing to the terms of this BVLA you acknowledge that you have read, understood and agree to be bound by the terms of the Privacy Policy. If you do not agree to the terms of this BVLA, do not download, install, access, or otherwise use this Software.


SOFTWARE LICENCE

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.


1. GRANT OF LICENCE

This Beta Version Licence Agreement grants you a non-exclusive, non-transferrable, revocable, limited licence to:

(a) use the Software on a computer in object form only

(b) use the Software strictly in accordance with the Documentation as amended from time to time found at www.teretron.com


2. RESTRICTIONS AND LIMITATIONS

(a) Limitations on distribution. You may not distribute the Software or any components of it.

(b) Limitations on use. You may only use the Software for demonstration, test, or evaluation purposes. You may not sell, rent, lease, sub-licence, translate, or otherwise transfer for value the Software or any part thereof.

(c) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, disassemble or otherwise reduce the Software to a human-readable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Restrictions on modifications and alterations. This Software is licensed as a single product. You may not adapt, alter, vary, modify or separate the components of the Software.

(e) Restrictions on use. You may not use the Software for any mission critical or real time applications. It is an express requirement of this BVLA that any output from the Software is not to be used for implementation.


3. RESERVATION OF RIGHTS

This BVLA gives you limited rights to use the Software. You do not become the owner of, and we retain title to, the Software, the Documentation and all copies thereof All rights not expressly granted are reserved by us.


4. COPYRIGHT

All title and copyrights in and to Software (including but not limited to any images, photographs, animations, video, audio, and text incorporated into the Software) and any copies of the Software are owned by The Rope Effect. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This BVLA grants you no rights to use such content.


5. DISCLAIMER ON WARRANTY AND TECHNICAL SUPPORT

(a) The Software is provided to you free of charge, and on an ‘AS IS’ basis, without any technical support or warranty of any kind from us including, without limitation, a warranty of satisfactory quality, hardware or software compatibility, fitness for a particular purpose, non-infringement or uninterrupted use. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; ie a person acquiring goods otherwise than in the course of a business.

(b) We do not warrant that the Software or calculations or prints or designs made using it will be error free, and we shall have no duty to verify, correct, complete or update the Software.

(c) You are only permitted to use the most up to date version of the Software. You are advised to check the site www.teretron.com for updates on a periodic basis.


6. LIMITATION OF DAMAGES

(a) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limited warranty and limited liability set out in this clause are fundamental elements of the basis of the Agreement between us and you.

(b) The limitations of liability under this Agreement are valid to the extent as permitted by the applicable mandatory law.

(c) You will be solely responsible for your use of the Software, including, but not limited to, checking any calculations and print output from it, input errors, data file backups and maintenance, interpretation of the design norms or design standards and their national application documents or national annexes. You agree that you are solely responsible for all costs and expenses associated with rectification, repair or damage caused by such errors.

(d) We will not have any liability to you or any third parties, for loss of information, disruption to systems or other loss relating to the use of the Software or output from it.


7. INDEMNIFICATION

(a) You shall indemnify and hold harmless the Licensor and its affiliates (each an “Indemnitee” and collectively the “Indemnitees”) from and against any amounts incurred by the Licensor in connection with any third party-claims for damages or losses (including, but not limited to, the Licensor’s attorney’s fees and expenses) resulting from or arising out of your use of the Software.

(b) If the Licensor seeks to defend itself against any third-party claim, you shall provide reasonable cooperation for the investigation and defence of the claim or action. The Licensor shall have the sole and exclusive right to control and direct the investigation and defence and/or settlement of each indemnified claim.


8. GENERAL

(a) If any part of this BVLA is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, then that part shall be deemed not to be a part of this Agreement, it shall not affect the enforceability of the remainder of this Agreement, nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

(b) Without prejudice to our right to enforce our intellectual property rights in any jurisdiction where it has grounds for believing that infringement of such rights is taking place, each party hereby irrevocably agrees that this BVLA shall be subject to and construed and interpreted in accordance with English Law and shall be subject to the jurisdiction of the Courts of England, to the non-exclusive jurisdiction of which the Licensee shall be deemed to have submitted. For purposes of all claims brought under this BVLA, Licensor and you hereby irrevocably submit to the exclusive jurisdiction of, and agree that such claims shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce. The Arbitral Tribunal shall be composed of one (1) member. The place of arbitration shall be London, England, the UK. The arbitration shall be conducted in English.

(c) This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

(d) We are permitted to immediately terminate this Agreement by written notice to you and upon such notice, all rights granted to you under this Agreement shall immediately cease and you must cease all activities authorised under this Agreement and remove the Software from your systems.

(e) If we fail, at any time during the term of this Agreement, to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

(f) A waiver by us of any default shall not constitute a waiver of any subsequent default.

(g) No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.