Rights of use
END USER LICENCE AGREEMENT REVVIS LIMITED
PLEASE READ THESE LICENCE TERMS CAREFULLY
a) This End User Licence Agreement (Licence) sets out the terms upon which Revvis Limited incorporated and registered in Ireland with company number 652518 whose registered office is at Joyce House 21-23, Holles Street, Dublin 2, Ireland (We,Us, Licensor) will licence the use of the Revvis Visualisation Software and launcher (‘Software’) to you (‘You’).
b) The Software enables the visualisation of virtual objects.
c) YOUR USE OF THE SOFTWARE IS STRICTLY SUBJECT TO THE TEMRS OF THIS LICENCE. YOU WILL NOT BE ABLE TO USE THE SOFTWARE UNLESS YOU AGREE TO THE TERMS OF THIS LICENCE. YOU SHALL BE DEEMED TO ACCEPT THE TERMS OF THIS LICENCE BY EITHER CLICKING THE ACCEPT BUTTON, INSTALLING THE SOFTWARE, OR ACCESSING THE SOFTWARE IN ANY WAY.
d) We may need to change the terms of this Licence to reflect changes in law, technology or best practice or to deal with additional features which we introduce. Any changes to the terms of this Licence shall be communicated to you via our website http://www.revvis.com/ and/or when you access the Software. You will be deemed to have accepted such changes through your continued use of the Software.
OPERATING SYSTEM REQUIREMENTS
e) The minimum operating system requirements for the Software are displayed on our website http://www.revvis.com/ (‘Operating System’).
1. GRANT AND SCOPE OF LICENCE
1.1. The Software shall be made available to you under this Licence with the features described on our website from time to time (‘Paid Licence’) or in a read only format (‘Free Licence’) if you do not have a paid user account.
1.2. In consideration of you agreeing to abide by the terms of the Licence we grant you a non-exclusive, non-transferrable and non-sublicensable Paid Licence or Free Licence (whichever applies) to download and use the Software until it is terminated by you or us.
1.3. You may for either type of licence, unless otherwise agreed by us:
1.3.1. Install and access the Software on up to three central processing units (CPU) at any one time ;
1.3.2. Make copies of the Software for back up purposes;
1.3.3. receive and use any free supplementary software code or update of the Software incorporating patches and corrections of errors as may be provided by us from time to time.
1.4. We may update or require you to update the Software, provided that the Software shall always match the description of it that we provided to you at the time when you downloaded it.
1.5. The Software may be upgraded to reflect changes in the Operating System. The Software will work with the current or previous version of that Operating System (as it may be updated from time to time).
1.6. Except as expressly set out in this Licence you undertake:
1.6.1. not to copy the Software except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
1.6.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
1.6.3. not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software;
1.6.4. not infringe our intellectual property rights or those of any third party in relation to your use of Software (to the extent that such use is not licensed by these terms);
1.6.5. not use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
1.6.6. not collect or harvest any information or data from any Software or our systems or attempt to decipher any transmissions to or from the servers running the Software;
1.6.7. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
1.6.7.1. is used only for the Permitted Objective;
1.6.7.2. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
1.6.7.3. is not used to create any software that is substantially similar in its expression to the Software
1.6.8. to keep all copies of the Software secure and to maintain accurate and up-to- date records of the number and locations of all copies of the Software;
1.6.9. not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person unless this is permitted with your order or otherwise agreed.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. You acknowledge that all intellectual property rights in the Software throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of this Licence.
2.2. You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.
3. LIABILITY
3.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of this Licence, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen. We will not be responsible for any damage or loss suffered by you as a result of your failure to use the Software in accordance with the terms of this Licence or as instructed.
3.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
3.3. When we are liable for damage to your property. If you are an individual consumers and defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
3.4. We are not responsible for events outside our control. If you are unable to use the Software or support for the Software is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
3.5. You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described on our website meet your requirements.
4. DATA PROTECTION
4.1. We process and retain personal data in accordance with the requirements of the General Data Protection Legislation in Europe. This requires us to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Data Protection Policy displayed on our website http://www.revvis.com/ which you will be deemed to agree to upon accepting the terms of this Licence or using the Software.
5. TERMINATION
5.1. We shall be entitled to terminate this Licence if you:
5.1.1. breach any separate terms and conditions which apply to your use of the Software; and/or
5.1.2. you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
5.2. Upon termination for any reason:
5.2.1. all rights granted to you under this Licence shall cease;
5.2.2. you must cease all activities authorised by this Licence; and
5.2.3. you must immediately delete or remove the Software from all computer equipment in your possession.
6. OTHER IMPORTANT TERMS
6.1. This Licence will only be valid in respect of the version of the Software which you download at that time. If substantially new versions of the software become available, we reserve the right to require you to enter into a separate licence or pay a fee to access this.
6.2. This Licence and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
6.3. The parties irrevocably agree that the court of England shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).
6.4. Each of the clauses of this Licence operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
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