Averisera Forecasting Tool End User Licence Agreement

(Updated 28 March 2017)

IMPORTANT - PLEASE READ THE FOLLOWING CAREFULLY - USE OF THIS SOFTWARE CONSTITUTES ACCEPTANCE BY YOU OF THE TERMS SET OUT BELOW

  1. The term ‘Averisera’ or ‘Averisera Ltd’ or ‘us’ or ‘we’ refers to the limited company whose registered office is Flat 310, 350 The Highway, London E1W 3HU, United Kingdom. Our company registration number is 09188909 (England and Wales). The term ‘you’ refers to the user of the Software or the purchaser of the User Licence. The term ‘Software’ refers to Averisera Forecasting Tool in the version purchased or downloaded by you. The term “User Licence” refers to the licence to use the Software.
  2. Your right to use the Software is governed by the terms of this Licence Agreement alone. If you use any of the Software supplied herewith, such action will constitute acceptance of these terms.
  3. Conditional on the receipt of the required licence fee and on the terms herein contained, Averisera Ltd grants to you a licence (the ‘User Licence’) to use the Software. On receipt of the required licence fee by Averisera Ltd you will receive a Licence Key which will constitute your licence (on the terms herein contained) to use the Software for a single user.
    1. The User Licence shall come into effect upon receipt of payment via the web site, or the first use by you of the Software whichever shall occur first, and the date on which the first such event occurs is hereinafter called ‘the Initial Effective Date’. After receiving the licence fee payment, Averisera Ltd will deliver to you (by e-mail or via other means agreed between you and Averisera Ltd) the Licence Key as soon as reasonably possible. If for any reason Averisera Ltd is unable to deliver the Licence Key within reasonable time after the receipt of the licence fee payment, it will as your sole remedy refund you the licence fee and at the same time the Licence Agreement will be terminated.
    2. The User Licence shall remain in effect from the Initial Effective Date until terminated by you or terminated by Averisera Ltd forthwith by notice in writing to you if you are in breach of any of the terms of this Licence.
    1. All right, title and interest in the copyright in the Software (including any adaptations or copies) are the sole and exclusive property of Averisera Ltd. Only the User Licence is purchased by you.
    2. Your Licence Key constitutes confidential information and you undertake not to disclose such information to any person except to those Licenced to use the Software and who undertake to maintain the confidentiality thereof.
    3. You agree not to translate, adapt, modify, disassemble, decompile, reverse engineer or create derivative works based on the Software.
  6. Averisera Forecasting Tool is Licenced to an individual. This User Licence is personal to you and may not be transferred or assigned. Your Licence Key number and the Software may be used only by you, and you shall not part with possession of any part of the Software to a third party.
    1. Averisera Ltd hereby warrants that the Software is capable of performing the functions described in the included user manual. The Software is not warranted to be bug free. If the Software shall prove to be incapable of performing the aforesaid functions, Averisera Ltd shall (at its option), provided that the fault is notified to Averisera Ltd within 21 days of delivery to you, as your sole remedy either replace the defective Software or refund to you the purchase price paid by you to Averisera Ltd. You undertake to destroy immediately after receiving the refund any copies of the Software and Licence Key in in your possession or stored in system controlled or maintained by you or your agents and to provide (if requested by us) to Averisera Ltd within 10 working days a written confirmation that you have done so. If we replace the Software with a new version, your right to use it continues to be governed by the terms of this Licence Agreement alone.
    2. The foregoing warranties are in lieu of all other warranties on the part of Averisera Ltd either express or implied, statutory or otherwise as to any matter whatsoever arising in connection with the Software, including, without limitation, the condition of the Software or its fitness for any particular purpose, all of which are hereby expressly excluded. No oral or written information or advice given by Averisera Ltd, its distributors, agents, dealers or employees shall create a warranty or representation or in any way increase the scope of the above limited warranties.
    3. Averisera Ltd shall not be liable for any consequential, incidental or indirect loss arising in connection with the Software. . In any event the total liability of Averisera Ltd to you howsoever arising in connection with this User Licence or the Software shall not exceed the licence fee amount paid by you when purchasing the Software giving rise to the liability in question.
    4. In certain jurisdictions your statutory rights cannot be lawfully modified or excluded. In those territories the above warranties and limitations shall have effect only so far as permitted by the applicable laws.
  8. From time to time we may at our discretion make available for download an updated version of the Software with the intention of adding new features, improving the existing ones, or removing defects. The updated version is not warranted to be bug free or more suitable for any purpose than the version you have originally downloaded. You have the option to continue to use the original version or replacing it with the updated one. Your right to use the updated Software continues to be governed by the terms of this Licence Agreement alone.
    1. This User Licence constitutes the entire agreement between Averisera Ltd and you regarding the use by you of the Software and may not be altered except in writing signed by both parties. Failure by Averisera Ltd to enforce any of its rights hereunder shall not be or be deemed to be a waiver thereof.
    2. This User Licence shall be governed and construed in accordance with English law and be subject to the jurisdiction of the Courts of England and Wales.