tc software End-User License Agreement

IMPORTANT: THIS AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY OR ORGANIZATION THAT HAS BEEN LICENSED TO USE THIS SOFTWARE BY TC SOFTWARE. BY INSTALLING AND USING THIS SOFTWARE YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND INSTALLING THE SOFTWARE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT HAVE THE AUTHORITY TO BIND TO THESE TERMS THEN DO NOT INSTALL AND/OR USE THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

1. GRANT OF LICENSE. tc software grants you the following rights provided that you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install, use, access, display and run one copy of the Sofware on a single computer, such as a workstation, terminal or other device.

1.2 License Activation. You are required to provide a valid license key to activate your Software after installation and before using your Software. You may also need to reactivate your Software if you modify you computer hardware or alter the Software. There are technological measures in this Software which are designed to prevent unlicensed use. tc software will use these measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. tc software will not collect any personally identifiable information from your system during this process.

1.3 License Usage. You may install and use the Software on a single computer OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer. A license for the Software may not be shared, installed or used concurrently on different computers. You may make copies of the Software in a machine-readable form solely for backup purposes. You may not sell or transfer any copy of the Software made from backup purposes.

1.4 License Enforcement. You agree that tc software may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Softwre by you other than in full compliance with the terms of this Agreement you shall reimburse tc software for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

2. License Restrictions

2.1 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. Unless otherwise provided herin you may not rent, lease or sub license the Software. Also you may not modify the Software or create derivative works based upon the Software.

2.2 In the event that you fail to comply with this EULA tc software may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

2.3 The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that tc software may automatically check the version of the Software and/or its components and the status of your license that you are utilizing and may provide upgrades or fixes to the Software that will be automatically downloaded to your computer or enforce this license agreement.

3. Rights and Ownership. tc software reserves all rights not expressly granted to you in this EULA. The software is protected by copyright and other intellectual property laws and treaties. tc software or its suppliers own the title, copyright and other intellectual property rights in this Software. The Software is licensed, not sold.

4. Limited Warranty and disclaimer

4.1 tc software does not warrant that the software is error-free or will operate without interruption. This software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls.

4.2 If applicable law request any warranties with respect to the Software, all such warranties are limited in duration to Ninety (90) days from the date of delivery.

4.3 No oral or written information or advice given by tc software, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of any warranty provided herin.

5. Limitation of Liability

5.1 Neither tc software nor its suppliers shall be liable to y ou or any third party for any indirect, special, incidental, putative, cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the software and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product of liability or otherwise, even if tc software or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

5.2 tc software's total liability to you for actual damages for any cause whatsoever will be limited to the greater of £250 or the amount paid by you for the software that caused such damage.

6 General

6.1 The limitations or exclusions of warranties and liability contained in this EUAL do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

6.2 This EULA 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. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of tc software to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

6.3 No tc software dealer, agent or employee is authorized to make any amendment to this EULA unless such amendment is in writing and signed by a duly authorized representative of tc software.

6.5 If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.

6.6 tc software and other trademarks contained in the Software are trademarks or registered trademarks of tc software. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use tc software's or its licensors' names or any of their respective trademarks.