END-USER LICENSE AGREEMENT
Last updated: 2018-04-12
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”)
is a legal agreement between the end user of this product and Tim Dubber, the developer of the software product(s) identified above (“SOFTWARE PRODUCT” or “SOFTWARE”).
The SOFTWARE PRODUCT includes computer software, and may include associated media, printed materials, and “online” or electronic
By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, the developer is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. RENTAL LICENSE:
(a) This limited time agreement for the usage of the software;
(b) has an effective starting date on the first day of the next calendar month after the order is placed, for new (c) clients, but RES-SPEC retains the right to specify a starting date;
(d) has an effective starting date on the date that a previous agreement lapsed, for current clients;
(e) currently runs for one (1) year;
(f) includes one (1) year maintenance;
(g) includes one (1) year support – via e-mail and telephonic support during office hours. Res Spec retains the right to change any support structure or benefit, concerning any or all clients, at any time, without notice;
(h) is limited to a single computer per license;
(i) is a prepaid agreement
2. CLIENT REQUIREMENTS:
Before an agreement exists the client shall:
(a) acquaint himself/herself with this license agreement, and choose to accept the agreement;
(b) complete in full, the order form;
(c) pay the full amount;
3. RES SPEC RESPONSIBILITY:
(a) On receipt of the order and full payment, Res Spec shall record the client information.
(b) An invoice shall be generated for the order received.
(c) Res Spec will provide instructions to the client to activate the ordered workstations after receipt of full payment.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Limitations on Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(b) The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated.
(c) You may not rent, lease or lend the SOFTWARE PRODUCT.
(d) You may not sell or transfer ownership of the SOFTWARE PRODUCT in any form.
(e) This SOFTWARE PRODUCT cannot be transferred to other End Users at other institutions under any circumstances.
(f) Without prejudice to any other rights, the developer may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
All title and intellectual property rights in and to the SOFTWARE PRODUCT are owned by the developer.
6. PRODUCT SUPPORT.
Product support for the SOFTWARE PRODUCT is provided by the developer, but is limited to telephonic, email and web based queries and is available only to users who have entered into a maintenance agreement with the developer.
7. WARRANTY, LIMITATION OF LIABILITY AND JURISDICTION
(a)With this document Res Spec makes and the clients receive no express warranties. Any statements or representations in this document or any communication with you about this document constitute technical information and not any warranty or guarantee. Res Spec specifically disclaims any other warranty including without limitation, any implied warranties.
(b) In no event shall Res Spec be held liable for any incidental, special, indirect, direct, or consequential damages, loss of profits, revenue, data, or cost of cover. In addition, Res Spec will not be held liable for changes to this document or any of Res Spec’s policies.
(c) Res Spec retains the right to change any clauses in this document without notice and with immediate effect.
(d) All agreements in this document and/or any other agreements proposed by Res Spec and accepted by the client are governed by the laws of the Republic of South Africa. All disputes arising out of or in connection with any agreement as mentioned above shall be subject to the exclusive jurisdiction of and venue in the Supreme Court of South Africa, and the client irrevocably consents to the personal and exclusive jurisdiction and venue of this court.
8. FINALITY OF SALE
All sales are final. Once the client has made payment online, he cannot cancel the order or receive a refund.