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Software Terms & Conditions

1. Introduction

1.1 These terms and conditions shall govern the supply of:

  • (a) downloadable software programs through our website; and
  • (b) fixes, patches, enhancements and development builds of those software programs through any means,

and the use of those software programs.

These software programs are owned by Enfacade Ltd, and are copyrighted and licensed, not sold.

1.2 By downloading or installing these software programs from any source you are agreeing to our terms and conditions and may be asked to confirm this when doing so.

1.3 This document does not affect any statutory rights you may have as a consumer.

1.4 These terms and conditions are applicable to the software programs that are available on this website at the time of downloading. Enfacade Ltd reserves the right to release these software programs under separate terms and conditions.

1.5 Enfacade Ltd may terminate license if you fail to comply with the terms of this agreement. If the license is terminated for any reason by either party, you agree to promptly discontinue use of and destroy all of the software programs. Any terms of this agreement that by their nature extend beyond termination of this agreement remains in effect until fulfilled, and apply to both parties' respective successors and assignees.

2. Interpretation

2.1 In these terms and conditions:

  • (a) "we" means Enfacade Ltd (and "us and "our" should be construed accordingly);
  • (b) "you" means someone who downloads and/or uses our software programs under these terms and conditions (and "your" should be construed accordingly); and
  • (c) "software programs" means those software programs that are available for download on our website (including any fixes, patches, enhancements and development builds of the software programs that we may supply you through any means);

3. Licensing of software

3.1 We will supply specific version's only of our software programs to you in the format or formats specified on our website.

3.2 Subject to your compliance with these terms and conditions, we grant to you a worldwide, non-exclusive, non-transferable licence to make use of our software programs permitted by Section 3.3, providing that you must not in any circumstances make any use of our software programs that is prohibited by Section 3.4 and providing that you have lawfully obtained the software and comply with the terms of this agreement.

3.3 The "permitted uses" of our software programs are:

  • (a) downloading or receiving copies of our software programs;
  • (b) installing copies of our software programs on desktop, laptop, notebook, network or server computers;
  • (c) creating back-up copies of our software programs; and
  • (d) using our software programs in accordance with the documentation made available on our website and/or incorporated into the software programs.

3.4 The "prohibited uses" of our software programs are:

  • (a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any software program (or part thereof) in any format;
  • (b) the editing, modification, adaptation or alteration of any software program (or part thereof), and the creation of any derivative work incorporating any software program (or part thereof);
  • (c) the use of any software program (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
  • (d) the use of any software program (or part thereof) to compete with us, whether directly or indirectly;
  • (e) any commercial use of any software program (or part thereof), excluding any commercial use of works created by the use of any software program (or part thereof);
  • (f) the reverse engineering, decompilation or disassembly of any software program (or part thereof); and
  • (g) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any software program for the purpose of preventing unauthorised use,

providing that nothing in this Section 3.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

3.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of our software programs.

3.6 All intellectual property rights and other rights in the software programs not expressly granted by these terms and conditions are hereby reserved.

3.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any software program.

3.8 If you breach any provision of these terms and conditions, then the licence set out in this Section 3 will be automatically terminated upon such breach.

3.9 You may terminate the licence set out in this Section 3 by deleting all copies of the relevant software programs in your possession or control.

3.10 Upon the termination of a licence under this Section 3, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant software programs in your possession or control, and permanently destroy any other copies of the relevant software programs in your possession or control.

4. Additional users

4.1 If you are a business, then your employees and/or clients may use the software in accordance with Section 3, provided that you must ensure that any person using our software programs in accordance with this Section 4 is made aware of and complies with the requirements of Section 3.

4.2 If you are a consumer, then other persons permanently resident at your property may use the software in accordance with Section 3, provided that you must ensure that any person using our software programs in accordance with this Section 4 is made aware of and complies with the requirements of Section 3.

5. Warranties and representations

5.1 You warrant and represent to us that:

  • (a) you are legally capable of entering into binding contracts;
  • (b) you have full authority, power and capacity to agree to these terms and conditions; and
  • (c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

5.2 We warrant to you that our software programs will be supplied to you with reasonable care and skill.

5.3 All of our warranties and representations relating to software programs are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 6.1, all other warranties and representations are expressly excluded.

6. Limitations and exclusions of liability

6.1 Nothing in these terms and conditions will:

  • (a) limit or exclude any liability for death or personal injury resulting from negligence;
  • (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
  • (c) limit any liabilities in any way that is not permitted under applicable law; or
  • (d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

6.2 The limitations and exclusions of liability set out in this Section 6 and elsewhere in these terms and conditions:

  • (a) are subject to Section 6.1; and
  • (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

6.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

6.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

6.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

7. Variation

7.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

7.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

8. Assignment

8.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

8.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

9. No waivers

9.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

9.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

10. Severability

10.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

10.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

11. Third party rights

11.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

11.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

12. Entire agreement

12.1 Subject to Section 6.1, these software terms and conditions shall constitute the entire agreement between you and us in relation to the use of our software programs, and shall supersede all previous agreements between you and us in relation to the use of our software programs.

13. Law and jurisdiction

13.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.

13.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

14. Statutory and regulatory disclosures

14.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

14.2 These terms and conditions are available in the English language only.

14.3 Our VAT number is 793029904.

15. Our details

15.1 This website is owned and operated by Enfacade Ltd.

15.2 We are registered in England and Wales under registration number 4383101, and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU.

15.3 You can contact us by writing to the address given above, by using our website contact form, by email to support@enfacade.com or via phone on 07725 135 524.