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Licence Agreement

1.1 This Licence Agreement (“Agreement”) is an agreement between you and Appin Design. Please read these terms and conditions carefully before downloading the WTML Software (“the Software”) as it contains important information about your rights and obligations. It governs your use of the software supplied to you by Appin Design and related documentation. In particular, we draw your attention to clause 7 (No Warranty) and clause 8 (Limitation of Liability).

By downloading, installing or otherwise using the Software you agree to be legally bound by this Licence Agreement as it may be modified and posted on our website from time to time.

1.2 If you do not wish to be bound by this Agreement, then you may not download or use the Software.

2 LICENCE

2.1 Specific conditions of use which apply to the licence you have acquired from Appin Design are:

2.1.1 End-User PC Licence:

(a) With a single End-User PC Licence you may install and use one copy of the Software on a single computer. You may not share the licence between different computers, nor install it on a server based computer, nor use the Software on more than one computer at the same time. As a special exception, the primary user of the Software may make a second copy for his or her exclusive use on either a home or portable computer.

(b) In addition to the above, if you have obtained a licence for a number of concurrent users you may install the Software on any number of computers at one single physical (geographical) location notified to Appin Design provided it is used on no more computers than that number of licensed users at any one time.

2.1.2 Site Licence: You may install and use the Software on any number of computers or terminals located at the single physical (geographical) location notified to and agreed by Appin Design.

2.1.3 Developer Distribution Licence:

(a) You may copy, install and use the Software on any number of computers or terminals within your organisation.

(b) You may incorporate the Software, or portions of the Software, into your own software products for distribution to other people or organisations provided the appropriate copyright of Appin Design is acknowledged on all media containing, and documentation relating to, such software products.

(c) You may not distribute the Software, or any portion of the Software, to any third party unless it is incorporated into your own software products whose functionality exceeds the functionality of the Software and which does not compete directly with the Software.

3 RESTRICTIONS ON USE

3.1 You may make a reasonable number of copies of the Software solely for backup and recovery purposes. Any such copies shall in all respects be subject to the terms and conditions of this Agreement.

3.2 You shall not make copies of the Software additional to those expressly permitted in this Licence Agreement.

3.3 You shall not copy any written documentation accompanying the Software.

3.4 You shall not remove or obscure any copyright and trademark notices or other proprietary notices relating to the Software. All notices must be duplicated as they appear on the Software on all authorised copies.

3.5 You shall not reverse engineer, decompile or disassemble the Software except to the extent expressly permitted by any applicable local laws which may over-rule this restriction.

3.6 You may not distribute any portions of the Software to any third party except under the terms of a Developer Distribution Licence if you have acquired such a licence from Appin Design.

3.7 You may not rent or lease the Software but you may transfer the Software and accompanying documentation on a permanent basis provided that (i) you retain no copies and (ii) the recipient agrees to the terms of the Licence Agreement you are transferring and (iii) you notify Appin Design of the transfer in writing.

3.8 You shall not use the Software in any way other than in a manner specifically licensed under this Agreement.

3.9 You shall not display the Software on a public bulletin board, website, chat room or by any other unauthorised means.

4 INTELLECTUAL PROPERTY RIGHTS

The copyright, patents, trade marks and all other intellectual property rights in the Software and related documentation are owned by and remain the property of Appin Design or its suppliers and are protected by national laws and international treaty provisions. You do not obtain any rights in the Software other than those expressly granted in this Agreement.

5 TERMINATION

This Agreement is effective until terminated. This Agreement will terminate automatically if you fail to comply with any provision of this Agreement. Upon notice of termination from Appin Design you shall destroy the documentation and all copies of the Software promptly. For beta test licences this Agreement will terminate three months from the date of download unless earlier terminated as set forth above in this paragraph.

6 UPDATE POLICY

Appin Design may create, from time to time, updated versions of the Software. Appin Design will make any such updated versions available to licensees who have paid the update fee. If you acquire an updated version of the Software then all copies of the previous version must be destroyed and not used, except for one copy which may be retained solely for archival purposes.

7 NO WARRANTY

7.1 Except as specifically required by law, Appin Design expressly disclaims all conditions, warranties, terms and undertakings, expressed or implied, statutory or otherwise, relating to the Software and related documentation or technical support including but not limited to warranties of quality, performance, satisfactory quality or fitness for a particular purpose. Any use of the Software, related documentation or technical support by you or any other third party will be entirely at your own risk or the risk of any such third party.

8 LIMITATION OF LIABILITY

8.1 Nothing in this Agreement shall limit Appin Design’s liability for:

8.1.1 fraud or other criminal act;

8.1.2 personal injury or death caused by our negligence;

8.1.3 any other liability that cannot be excluded by law.

8.2 Subject to clause 8.1, Appin Design accepts no liability for any loss or damage, including indirect or consequential loss or damage, or for any loss of data, profit, revenue, anticipated savings or business, however caused and even if foreseeable or made known to Appin Design.

9 SEVERABILITY

If a Court or other competent authority decides that any provision of this Agreement is void or otherwise ineffective in whole or in part then any other part and the other terms and conditions of this Agreement shall continue in full force and effect.

10 THIRD PARTY RIGHTS

The parties do not intend that any term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.

11 ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements, arrangements or undertakings between the parties relating to the subject matter of this Agreement and any representations or warranties previously given or made to it.

12 ASSIGNMENT

You may not assign this Agreement nor any of its rights or obligations hereunder nor sub-license the use (in whole or in part) of the Software without Appin Design’s prior consent.

13 NOTICES

13.1 All notices shall be given:

13.1.1 to Appin Design via e-mail at contact "at" appindesign.com;

13.1.2 to you at either the e-mail or postal address you provide during any ordering process.

13.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

14 GOVERNING LAW

This Agreement is governed by and interpreted in accordance with Northern Ireland law. Any disputes or claims relating to this Agreement shall be subject to the exclusive jurisdiction of the Courts of Northern Ireland.