License Agreement

By installing Accute, you are agreeing to the following License Agreement

Acceptance:

By opening the sealed software package and/or using and/or digitally signing the software, you (“Licensee”) acknowledge that the Licensee has read this agreement, understand it and agree to be bound by these terms and conditions. The Licensee further agree that it is the complete and exclusive statement of the agreement between the Licensee  and Accute Technologies and supersedes any proposal or prior agreement, either oral or written, and any other communications between Licensee and Accute Technologies relating to the subject matter of this agreement. The Licensee  further agree that if Accute Technologies is required to engage in any proceeding, legal or otherwise, to enforce its rights under this agreement. Accute Technologies shall be entitled to recover from the Licensee, in addition to any other sums due, attorney and own client fees.


Grant:

This license grants the Licensee a limited, non-exclusive license that permits you to install this software on ONE (1) desktop computer.


Licensee obligations:

The Licensee shall not:-

1. Make modifications to any portion of this software product.

2. Merge this software product or any portion of it into another program or product.

3. Decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

4. Rent, lease, loan, distribute or create derivative works based in whole, or in part, upon the software.

5. Copy the software, except as an essential step in its use in conjunction with a desktop computer as permitted above, or for backup or archival purposes.


End User Support:

End user support for this software product and upgrades thereof is provided directly by Accute Technologies. Please consult the user registration and “help “materials included with the software documentation for further information.


Intellectual Property:

All intellectual property rights, including but not limited to Copyright, registered and unregistered marks, in the software product and end user documentation are owned by Accute Technologies and are protected by South African intellectual property laws and international treaty provisions. Accute Technologies retains all rights not expressly granted.


Limited Software Warranty:

Accute Technologies provides the software 'AS IS' and without any warranty except that the software will perform substantially in accordance with the documentation accompanying the software for a period of one (1) year after your first download, installation or use of the software, whichever occurs first. Accute Technologies' entire liability and your exclusive remedy for breach of this warranty shall be, at Accute Technologies' option, either (i) return of the price paid by you for the software (if any); or (ii) repair or replacement of the software that does not meet the warranty set forth herein and that is returned to Accute Technologies with a copy of your receipt. This limited warranty shall be void if failure of the software has resulted from any accident, abuse, misuse or wrongful application. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty shall not apply to you if the software was provided to you free of charge on an evaluation only basis.


No other warranties:

Except as set forth above, Accute Technologies and its licensors do not warrant that the software will operate error free or uninterrupted, or will meet your requirements. You assume all responsibilities for selection of the software to achieve your intended results, and for the installation of, use of, and results obtained from the software. to the maximum extent permitted by applicable law, Accute Technologies and its licensors disclaim all warranties and conditions, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and accuracy or completeness of results with respect to the software and the accompanying materials. There is no warranty against infringement.To the maximum extent permitted by applicable law, Accute Technologies makes no other warranty, either expressed or implied, with respect to this product. Accute Technologies specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.


The remedies provided herein are licensee's sole and exclusive remedies. Under no circumstances (including negligence), shall Accute Technologies be liable for any lost profits, direct, indirect, special, incidental, or consequential damages, whether based on contract, delict, or any other legal theory, even if Accute Technologies has been advised of the possibility of such damages. In no event shall Accute Technologies total liability for damages, losses and causes of action, whether in contract, delict (including negligence), or otherwise, exceed the amount paid by you for the software. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.


Export Law Assurances

Licensee agrees to comply with all export laws, regulations and restrictions of South Africa.


Controlling Law

This license shall be governed by and construed in accordance with the laws of South Africa. If you acquired this software in any other country, then local law may apply.


Termination

This license and Licensee's right to use this software shall:

automatically terminate if Licensee fails to comply with any provision of this license and warranty agreement;

on the termination date for the period for which the licensee was purchased( for clarity purposes, if Licensee purchased a six months licensee, then the continued use of the license and all access to the software program will terminate on the last day of the six months period. The licensee shall, however, be entitled to purchase a further license period prior to expiry of the original license period, in which event, access and use of the software product will continue, albeit under a new agreed license period)


For inquiries please contact: info@accute.co.za