LICENCE CONDITIONS FOR WORDFINDER SOFTWARE INTERNATIONAL AB´S SOFTWARE PRODUCTS
THESE CONDITIONS ARE ACCEPTED THROUGH THE CUSTOMER ACQUIRING AND INSTALLING SOFTWARE. THE CUSTOMER HAS A RIGHT TO RETURN THE GOODS UNTIL THE SOFTWARE HAS BEEN INSTALLED; SEE THE FINAL SECTION. BY INSTALLING THE SOFTWARE, THE CUSTOMER CONFIRMS THE CONDITIONS AND IS BOUND THEREBY WITH FINAL EFFECT.
1.1 The contents of the software package that is provided, which could consist of one or more computer programs, one or more databases and written information (hereinafter collectively referred to as “the Software”), is protected by the Swedish Act (1960:729) on copyright to literary and artistic works and corresponding legislation in other countries, as well as other applicable rules concerning intellectual property rights. Ownership of the Software and associated intellectual property rights shall vest in WordFinder Software AB or another company within the same group of companies (hereinafter collectively referred to as “WF”), or the party from which WF derives its right. The licence in accordance with these conditions shall not mean that the Customer acquires any ownership or more extensive licence rights to the Software other than as expressly stated in these conditions. WF reserves the right to claim damages in the event of a breach of the licence conditions, whereupon WF shall inter alia be entitled to charge the Customer for the number of programs/licences corresponding to the usage that is over and above or otherwise in breach of the conditions.
2. The Customer´s usufruct
2.1 The Customer shall only use the Software in the manner described in these conditions. The Customer shall not disassemble or decompile the Software or make any changes to the program code, or create programs based on the Software or any constituent components thereof.
2.2 The Customer shall be entitled to use the Software in accordance with the following:
a) If the Customer has a single-user licence:
The Customer shall only be entitled to install and use the Software on one (1) individual personal computer simultaneously. If the Customer wishes to change computer, the Customer shall only be entitled to install and use the Software on the new computer after uninstallation on the previous computer. If the Customer uses the Software on a personal computer as part of the Customer´s work and the work is also carried out from a computer other than the computer at the Customer´s workplace, the Customer shall be entitled to install the Software on an additional personal computer for his own use providing that the Software is not used on both computers simultaneously.
b) If the Customer has a network licence:
The Customer shall be entitled to install the Software on a server or central computer and use it for as many users as the licence specifies. For the purposes of these conditions, “user” shall be defined as a computer, workstation or similar from which the Software can be accessed for use. With regard to persons who work from several computers, including portable computers, the Software may also be installed for work locally on these computers, provided that the Software is not used on two or more computers simultaneously. In the event of a change of server, central computer or other computer, the provisions set out in section a) above concerning personal computers shall apply.
c) If the Customer has a multiuser licence:
The Customer shall be entitled to install and use the Software on as many computers as the licence specifies. With regard to persons who work from a number of computers, including portable computers, the Software may also be installed on such computers for work purposes, provided that the Software is not used simultaneously.
d) If the Customer has a school licence:
The Customer shall be entitled to install and use the Software on as many computers as the licence specifies. The Customer shall also be entitled to install the Software on the school´s/institution´s network. Teachers, students and others shall not be entitled to install or use the Software on private computers.
2.3 If the Customer has a network or multiuser licence, WF shall be entitled to request information from the Customer concerning the number of users for as long as the licence is valid.
2.4 The Customer shall not be entitled to copy the Software or any part thereof. Notwithstanding the foregoing, the Customer shall be entitled to make the copies that are necessary for installation in accordance with section 2 above insofar as follows from the licence that the Customer has acquired, and to make the copies as permitted by law.
2.5 The Customer shall be entitled to assign the licence subject to the following conditions:
Assignment shall only take place to a party that accepts these conditions. When the Customer assigns the licence, all examples of the Software and components thereof shall be assigned simultaneously to the party that acquires the licence or, insofar as components thereof or copies are not assigned, destroyed. If the Software or components thereof constitutes an upgrade, the assignment shall also cover all previous versions of the Software. The Customer shall not be entitled to assign the Software to another party in any way or subject to any conditions other than as specified in these provisions. The Customer shall furthermore not be entitled to lend or hire out the Software or components thereof.
2.6 The licence shall apply from the date on which these conditions are accepted and thereafter until further notice. If the Customer acquired a time-limited usufruct, the licence shall cease to apply upon expiry of the agreed period.
2.7 WF shall be entitled to terminate the licence with immediate effect if the Customer or the party that acquired the licence from the Customer breaches these conditions. The same shall apply if the Customer fails to make the appropriate payments for the licence as agreed.
2.8 The Customer shall be entitled to terminate the licence at any time. If the licence ceases to apply, all use of the Software, including databases, shall cease and all examples, including any copies thereof or components thereof, shall be deleted, destroyed or returned to WF, depending on what is possible and appropriate.
2.9 WF shall under no circumstances be obliged to pay any reimbursement, repayment or similar to any party as a result of termination of the licence.
2.10 The licence accords no right to trademarks, names or product characteristics that are used in connection with the Software.
3. WF´s responsibilities
3.1 For a period of 90 days from the date of purchase, WF guarantees that the Software will substantially function in accordance with the documentation. This guarantee involves no guarantee that the Software is free from programming errors (no such guarantee can be given in the software industry), or of the suitability of the Software for a particular purpose, even if this should be known to WF or its retailers. WF MAKES NO UNDERTAKING, EITHER EXPRESSLY OR IMPLIED, OTHER THAN THE GUARANTEE GIVEN ABOVE, AND DISCLAIMS ALL RESPONSIBILITY FOR, INTER ALIA; ANY DEFECTS, ANY DEFICIENCIES IN THE MARKETABILITY OF THE PRODUCT OR THE PRODUCT´S INFRINGEMENT OF ANY THIRD PARTY RIGHTS OR ITS UNSUITABILITY FOR A PARTICULAR PURPOSE.
3.2 The production of the Software is carried out in a way to acquire a high level of certainty that the Software is not encumbered by viruses or other harmful characteristics. Complete certainty can however not be achieved. The provisions set out in this section 3 shall also apply with regard to harmful properties of the Software; the same shall also apply to rights defects or usufruct defects.
3.3 If the Software should be encumbered by an error and a complaint concerning the error is submitted to WF during the guarantee period, together with verification of the date of purchase, WF shall correct the error no later than 90 days after the date of the complaint. Where possible, correction shall take place via the provision of telephone support, or otherwise through the redelivery of new software in which the error has been rectified. If WF is unable to rectify the error in this manner within the specified period of time, the Customer shall, if the Customer purchased the Software from WF or a retailer engaged by WF, delete the Software, including any copies thereof and be reimbursed what the Customer paid for the same. The purchase price shall be reimbursed by WF if the Software was purchased from WF, or by the retailer if the Software was purchased from a retailer hired by WF. If the purchase was made from another party, WF shall not be liable for the reimbursement. If the purchase is cancelled in accordance with this article, all components of the Software or copies thereof shall be deleted and/or destroyed and all use shall thus cease.
3.4 If WF should fail to meet any specific agreed delivery time, the Customer shall be entitled to cancel the purchase and receive reimbursement for the purchase sum if the delay is material and the Customer has submitted a complaint in writing to WF with the setting of a final deadline for delivery, not less than one week from receipt of notification.
3.5 WF´s undertaking shall never include the installation or uninstallation of Software in connection with either an original delivery or redelivery as a result of an error.
3.6 WF´s liability shall be limited to that which is stated above concerning liability for errors, including any harmful properties of the Software.
3.7 Under no circumstances shall WF be liable for any direct or indirect losses, including the loss of data, lost profits or income, accidental losses or consequential losses which may have arisen as a result of use of the Software, or because the Software could not be used in the intended manner, even if WF or WF´s retailer has been notified of the possibility of such loss; nor shall WF accept any liability for any claims submitted by third parties.
4. Disputes and applicable law
4.1 These conditions shall be interpreted and applied in accordance with Swedish law. Disputes concerning these conditions or legal circumstances arising there from shall be resolved by court of general jurisdiction in Sweden.
5. Acceptance of the conditions
5.1 If the Customer does not accept the above conditions, the Customer shall delete the unused Software within 30 days after purchase. If the Customer purchased the Software from WF, the Customer shall be reimbursed by WF the amount that the Customer paid for the Software. If the Customer purchased the Software from a retailer engaged by WF, the Customer shall contact the retailer regarding reimbursement. If the Customer acquired the Software in any other way, WF shall accept no liability for any reimbursement, nevertheless the Customer shall not be entitled to use the Software without accepting these conditions.
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