End User License Agreement
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Rectec Ltd a company registered in England and Wales under company number 12172789 whose registered office is at Suite 5 5th Floor City Reach, 5 Greenwich View Place, London, England, E14 9NN (“Rectec”) for “Rectec Compare” (the Product), which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (also the “Product”).
An amendment or addendum to this EULA may accompany the Product. You agree to be bound by the terms of this EULA by using the product. If you do not agree, do not use the product. In addition, by using updates that you receive as part of the Product (“Updates”), you agree to be bound by the additional license terms that accompany such Updates. If you do not agree to the additional license terms that accompany such Updates, you may not use any subsequent Updates.
- General Grant of License
In general, for each license you have acquired for the Product, one individual is authorised to use the Product according to the terms of this EULA. Unless expressly stated otherwise, the Product may not be separated for use by more than the one individual authorised to use the Product.
- Additional Rights and Limitations-General
2.1. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
2.2. Without prejudice to any other rights, Rectec may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must not use the Product.
2.3. You agree that Rectec and its affiliates may collect and use technical information you provide as a part of support services related to the Product. Rectec agrees not to use this information in a form that personally identifies you.
2.4. The Product is licensed as a single product. Its component parts may not be separated for use.
2.5. All Updates shall be considered part of the Product and subject to the terms and conditions of this EULA. Additional license terms may accompany Updates (as defined in the first paragraph of this EULA). By installing, copying, or otherwise using any Update, you agree to be bound by the terms accompanying each such Update. If you do not agree to the additional license terms accompanying such Updates, do not use such Updates.
- Licenses Applicable to Applications
3.1. Rectec grants you, a personal, nonexclusive license to use up 1 copy of each of the Product.
3.2. For the documentation, Rectec grants you a worldwide, nonexclusive, non-transferable, royalty-free right to make, use, and install an unlimited number of copies of the documentation solely for internal use by an unlimited number of end users so long as:
3.2.1. such end users are persons who are generally granted access to your internal network;
3.2.2. such copies shall be used only for internal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.
- Disclaimer of warranties
The Limited Warranty referenced below is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Rectec provides the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the product.
- Exclusion of incidental, consequential, and certain other damages
To the maximum extent permitted by applicable law, in no event shall Rectec or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of Rectec, and even if Rectec has been advised of the possibility of such damages.
- Limitation of liability and remedies
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Rectec under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Rectec with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
- Entire agreement
This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Rectec relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Rectec policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.
- Copyright and Intellectual Property
The Product is protected by copyright and other intellectual property laws and treaties. Rectec or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
In the event that one or more of the provisions of EULA is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of EULA. The remainder of EULA shall be valid and enforceable.
- Law and Jurisdiction
10.1. This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
10.2. Any dispute, controversy, proceedings or claim between the Parties relating to EULA (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.