Software License Agreement - Peak District National Park Authority

1. License.

On payment of the license fee, ExeGesIS SDM agrees to grant and the customer agrees to accept on the following terms and conditions a non-transferable and non-exclusive license to use the Software specified.

2. Restrictions on Use.

The number of licenses listed herein authorises the Customer to make internal use of that number of copies of the Software exclusively for the benefit of the customer. It is not to be used to provide a bureau service for others or for the benefit of or on behalf of any others. Each copy of the Software may only be used on a single computer and may not be installed on or copied to any other computer unless a Concurrent License Agreement has been signed. Neither the license granted under the agreement not the Software to which it applies may be assigned, sub licensed or otherwise transferred by the customer without the prior written consent of ExeGesIS SDM. All multiple license packs are restricted to use on a single site unless otherwise agreed,

3. Prices

Any price list, advertising matter or similar materials issued by ExeGesIS SDM are intended only as an indication as to price and range of Products available and information contained therein shall not be binding on ExeGesIS SDM.

4. Copyright.

No title or ownership of software products or any third party software licenses to the customer under this agreement is transferred to the customer under any circumstances. Software and explanatory material are copyright ExeGesIS SDM and may not be published or transferred to any third party, whether in whole or in part, without the prior written permission of ExeGesIS SDM. The customer agrees to reproduce such notices and legends on any copy of the Software made by the customer as permitted herein.

5. The customer may not copy any software documentation or related materials provided by ExeGesIS SDM in printed form. Additional copies may be purchased from ExeGesIS SDM.

6. Modifications. The customer may not modify, adapt, translate, reverse engineer, decompile, disassemble or merge within another program any portion of the ExeGesIS SDM software or create derivate works based on the software.

7. Non-disclosure

The customer agrees that all copies of the software will be strictly safeguarded against disclosure to or use by persons or organisations not authorised by ExeGesIS SDM to use such software. The customer will take the necessary steps to ensure that the provisions of this Agreement are not violated by an employee of the customer.

8. Cancellation by the Customer.

Any request made by the customer for cancellation of any order will only be granted in the condition that the customer indemnifies ExeGesIS SDM in respect of all costs and expenses incurred by ExeGesIS SDM as a result of its acceptance of such a cancellation.

9. Termination.

Upon termination of this agreement the customer shall immediately cease use of the software and destroy or deliver the original and all full or partial copies of the software to ExeGesIS SDM. The customer will still be obliged under the terms of this agreement, including its obligations regarding the confidentiality of software. This agreement may be terminated by: ExeGesIS SDM if the customer fails to pay any amounts within the due date; if either party fails to perform any of its obligations under this agreement; or if either party ceases trading.

10. Warranties and Limitations.

In no event shall ExeGesIS SDM be liable for damages whether as consequential damages or for loss of business, profits, data or otherwise arising out of or in connection with the use of performance of any supply item. ExeGesIS SDM does not warrant that the Software will meet the customer's requirements or that the software will be error free.

11. Payment.

Unless otherwise agreed in writing, payment for “the products” shall be made not later than 30 days from the date of the invoice. In the even the payment in not received ExeGesIS reserves the right to charge interest on a daily basis from the date of invoice on the amount outstanding at the rate of 2% per month.