CalQlata License Agreement and Conditions of Use
These license terms and conditions are an agreement between you (heretofore referred to as the licensee) and Keith Dixon-Roche (heretofore referred to as CalQlata).
The licensee is strongly advised to read them.
These terms shall apply to the software named above, which includes the media on which the licensee received it, if any.
These terms also apply to any CalQlata updates, supplements, Internet-based services, and support services for this software in addition to any further terms that shall also separately apply.
DEFINITIONS for the purposes of this Agreement:
- The software shall mean the program named at the top of this agreement.
- A computer shall mean a physical piece of hardware with an internal storage device and an operating system capable of running the software. Each partition is considered to be a separate computer.
- The software is licensed on a per copy per computer basis.
- The licensee is the individual, organisation or corporate body that paid CalQlata for the Software.
Unless an organisation or corporate body has paid for a 'multi-user' license, the licensee shall apply only to individuals.
- Each individual operating the software shall be a separate user. By using the software, the licensee accepts these terms. If the licensee does not accept them, do not use the software. Instead, contact CalQlata to determine its return policy. The licensee must comply with that policy, which may limit the licensees rights or require the licensee to provide proof of compliance with CalQlata's return policy.
As described below, the licensees consent to the transmission of certain hardware and software information during activation, validation or for Internet-based services shall be implicit in the licensees using the software.
If the licensee complies with these license terms, the licensee has the rights below for each license the licensee acquires.
INSTALLATION AND USE RIGHTS for the purposes of this Agreement:
- One license applies to one computer installation.
- The licensee may install the software on any single computer at any one time. This computer shall remain the licensed computer until the licensee deletes it from this computer and installs it on a new computer, at which time, this new computer shall become the licenced computer.
- A separate license is required for each and every user operating the software on a computer network.
- There is no restriction to the number of users accessing the software on a given computer that is not connected to a network.
- The software may include more than one version, such as 32-bit and 64-bit. The licensee may use only one version at one time.
- There is no restriction to the production of printed copies of the software for use by the licensee.
- The images and icons included in the software belong to CalQlata and are protected by international copyright laws.
- CalQlata makes no claim to copyright ownership to the fonts displayed in the software.
- CalQlata makes no claim to copyright ownership to the formulas used in the software.
- Whilst CalQlata has carried out internal verification of the calculations in this software, CalQlata accept no responsibility for the accuracy or repeatability of the results.
- CalQlata accept no responsibility for consequences of the use of the software.
- The software is licensed, not sold.
- The software is the sole property of CalQlata.
- The licensee shall not reverse engineer, decompile or disassemble the software.
- The licensee shall not use components of the software to run applications not running on the software.
- The licensee shall not make more copies of the software than specified in this agreement.
- The licensee shall not publish the software for others to copy.
- The licensee shall not sell, rent, lease or lend the software.
- The licensee shall not use the software for commercial hosting services.
- The licensee may make one backup copy of the software, which may be used only to reinstall the software on the licensed computer.
- Only a licensee of this software is permitted to upgrade this software.
- Genuine Proof of license: Agreement with these terms and conditions automatically grants CalQlata free and unrestricted access to the licensees computers in order to verify compliance with the terms of this license.
- Genuine Proof of license above shall apply to software upgrades.
- Contact CalQlata through its website at https://www.calqlata.com/ for support options for the software generally. If the licensee is using software that is not properly licensed, the licensee will not be entitled to receive support services.
- This agreement (including the warranty below), additional terms (including any printed-paper license terms that accompany the software), and the terms for supplements, updates, Internet-based services and support services that the licensee uses, are the entire agreement for the software and support services.
- If the licensee acquired the software in the United Kingdom or through CalQlata's website: https://www.calqlata.com/, UK national law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.
- If the licensee acquired the software in any other country, the laws of that country apply.
- Except for any refund CalQlata may provide, the licensee cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
i. anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
ii. claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
iii. This Agreement also applies even if repair, replacement or a refund for the software does not fully compensate the licensee for any losses; or
iv. CalQlata knew or should have known about the possibility of the damages.
- By downloading the software the licensee shall automatically revoke their right to their 14 day right to cancel.
By way of clarification; immediately after a customer has downloaded a copy of the purchased software and CalQlata has issued the installation security details, no refund shall be given unless CalQlata deem it appropriate to do so.
LIMITED WARRANTY for the software
- If the licensee follows the instructions and the software is properly licensed, the software will perform substantially as described by CalQlata.
- The limited warranty covers the software for 30 days following acquisition by the licensee. If the licensee receives supplements, updates, or replacement software during those 30 days, the licensee will be covered for the remainder of the warranty or 10 days, whichever is longer.
- To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty.
- CalQlata will, at its election, either (i) repair or replace the software at no charge, or (ii) accept return of the product(s) for a refund of the amount paid. CalQlata may also repair or replace supplements, updates and replacement software or provide a refund of the amount the licensee paid for them, if any. Contact CalQlata about its policy. These are the only remedies for breach of the limited warranty.
- Contact CalQlata to find out how to obtain warranty service for the software. For a refund, the licensee must comply with CalQlatas return policies.
- This limited warranty is the only direct warranty from CalQlata. CalQlata gives no other express warranties, guarantees or conditions.
- The Limitation on and Exclusion of damages applies to breaches of this limited warranty.
- This warranty gives the licensee specific legal rights, and the licensee may also have other rights which vary from country to country.
Company License Agreements
The following comprises a typical license agreement between CalQlata and a 'Company' customer that must be copied onto the customer's headed notepaper and signed by a Director (or equivalent) of the Company and witnessed by a Departmental Manager (or equivalent) of the Company. A signed copy shall be for countersignature.
Each license agreement shall be uniquely identified thus: CCCC-DD-MM-YYYY-NN
CCCC shall be four (4) characters selected by the customer to identify its name or identification
DD shall be two (2) numerical characters identifying the day of the date of the agreement
MM shall be two (2) numerical characters identifying the month of the agreement
YYYY shall be four (4) numerical characters identifying the year of the agreement
NN shall be two (2) numerical characters selected by the customer to uniquely identify the agreement
Each page of the agreement shall include the title:
"CalQlata Software Agreement: " + CCCC-DD-MM-YYYY-NN + "Page "No + " of No" Pages"
e.g. "CalQlata Software Agreement: CALQ-22-12-2017-02 Page 1 of 2 Pages"
Replace ???? with the 'Company Name + Head-Office Address (including country) + Company Registration Number'
Include a list of the calculators (replace #### with a list of the calculators covered by the agreement) under the heading; 'Appendix I' that shall also be printed on Company headed notepaper and initialled and dated by the same signatories as the main agreement
Note: whilst 'Appendix I' must be headed 'Appendix I', it may be printed on the same page as the main agreement if preferred
Replace 0 with the number of licenses required
Replace ##th day of ###### 20## with the date of the agreement
License Agreement for the use of CalQlata Software by Companies
This Agreement is between the following parties:
The Licensee: ????, heretofore referred to as 'the licensee'
CalQlata: Heretofore referred to as 'CalQlata'
The Calculators: As listed in Appendix I, heretofore referred to as the 'calculator' or 'calculators'
Number of Licenses: 0, heretofore referred to as the 'number of licenses'
Agreement Date: ##th day of ###### 20##
This document constitutes an agreement between the licensee and CalQlata to the following effect:
1) This license agreement shall be enforceable by law in the licensee's home-country
2) This license agreement applies severally and individually to the calculators
3) Both the licensee and CalQlata agree to abide by CalQlata's standard license agreement that can be found on CalQlata's website and within each calculator
4) The licensee agrees to limit installation of the calculators to equipment owned by the licensee notwithstanding clause 3) above
5) The licensee agrees to limit installation of each calculator to the number of licenses notwithstanding clause 4) above
6) The licensee agrees to accept responsibility for keeping the calculators safe from theft
7) In the event of theft, the licensee agrees to accept responsibility for complete recovery of such theft at no cost to CalQlata
8) CalQlata agrees to replace lost or corrupted calculators for 10% of the original cost per calculator
9) CalQlata agrees to provide support for the installation, operation and technical clarification of the calculators free of charge to the licensee
10) CalQlata agrees to provide the licensee with technical advice, other than technical clarification, under its Specialist Services
11) The licensee agrees to uphold and enforce all CalQlata's copyright ownership concerning the calculators and CalQlata's website
Signed by the Licensee
Position within the Company (Director or Vice President):
Witnessed by the Licensee
Position within the Company (Departmental Manager):
Signed by CalQlata
The following comprises the total list of calculators protected by this agreement: