showcontrolpro.co.uk:: e-comCarts

Terms and Conditions - showcontrolpro.co.uk

Digital Doctor
Software License Agreement
Single Use License for showcontrolpro version 2.1 (all builds)
(Windows XP) or version 3.0(all builds) (MacOSX)

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SHOWCONTROLPRO SOFTWARE. BY USING THE SHOWCONTROLPRO SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE SHOWCONTROLPRO SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE SHOWCONTROLPRO SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".

1. General. The software, documentation and any fonts or audio files accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "showcontrolpro software") are licensed, not sold, to you by Digital Doctor for use only under the terms of this License, and Digital Doctor reserves all rights not expressly granted to you. The rights granted herein are limited to Digital Doctor and its licensors' intellectual property rights in the showcontrolpro software and do not include any other patents or intellectual property rights. You own the media on which the showcontrolpro software is recorded but Digital Doctor retains ownership of the software itself. The terms of this License will govern any software upgrades provided by Digital Doctor that replace and/or supplement the original showcontrolpro software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Title and intellectual property rights in and to any content displayed by or accessed through the showcontrolpro software belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.

2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the showcontrolpro software on a single computer at a time. The showcontrolpro software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This License does not allow the showcontrolpro software to exist on more than one computer at a time, and you may not make the showcontrolpro software available over a network where it could be used by multiple computers at the same time. You may make one copy of the showcontrolpro software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the showcontrolpro software or any part thereof.

3. Transfer. You may not rent, lease, lend or sublicense the showcontrolpro software. You may, however, make a one-time permanent transfer of all of your license rights to the showcontrolpro software to another party, provided that: (a) the transfer must include all of the showcontrolpro software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the showcontrolpro software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the showcontrolpro software reads and agrees to accept the terms and conditions of this License. All components of the showcontrolpro software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.

NFR (Not for Resale) Copies: Notwithstanding other sections of this License, showcontrolpro software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

Academic Copies: If the showcontrolpro software package has an academic label or if you acquired the showcontrolpro software at an academic discount, you must be an Eligible Educational End User to use theshowcontrolpro software. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private schools).

4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Digital Doctor if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the showcontrolpro software and destroy all copies, full or partial, of the showcontrolpro software.

5. Limited Warranty on Media. Digital Doctor warrants the media on which the showcontrolpro Software is recorded and delivered by Digital Doctor (where applicable) to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Digital Doctor's option, a refund of the purchase price of the product containing the showcontrolpro software or replacement of the showcontrolpro software which is returned to Digital Doctor with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SHOWCONTROLPRO SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SHOWCONTROLPRO SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DIGITAL DOCTOR HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SHOWCONTROLPRO SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DIGITAL DOCTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SHOWCONTROLPRO SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SHOWCONTROLPRO SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SHOWCONTROLPRO SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SHOWCONTROLPRO SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITAL DOCTOR SHALL CREATE A WARRANTY. SHOULD THE SHOWCONTROLPRO SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DIGITAL DOCTOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SHOWCONTROLPRO SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DIGITAL DOCTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Digital Doctor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Export Law Assurances. You may not use or otherwise export or reexport the showcontrolpro software except as authorized by UK law and the laws of the jurisdiction in which the showcontrolpro software was obtained.

9. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the showcontrolpro software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Digital Doctor. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.


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