Policies and Terms

Our license agreement

License Agreement

You should carefully read the following terms and conditions before using the software. Unless you have a different license agreement signed by Fastclerk Ltd, your use of this software indicates your acceptance of this license agreement and warranty.

General

This Fastclerk End-User License Agreement ("EULA") is a legal agreement for the Fastclerk Software Product in which this EULA is contained, which includes computer software and may include, not limited to, associated media, printed materials, and "online" or electronic documentation (collectively the "Software Product"), between you and Fastclerk Ltd. By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you are installing the Software Product on a computer that is not owned by you, you are bound to the terms of this EULA both in your individual capacity and as an agent of the owner of the computer, and your actions will bind the owner of the computer. You represent and warrant to Fastclerk Ltd that you have the capacity and authority to enter into this Agreement on your own behalf as well as on behalf of the owner of the computer the Software Product is being installed upon. For purposes of this EULA, the "owner" of a computer is the individual or entity that has legal title to the computer or that has the possessory interest in the computer if it is leased or loaned by the actual title owner.

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product) are owned by Fastclerk Ltd.

Grant Of License

The Software Product is licensed, not sold. Subject to the condition that you are in compliance with the terms of this EULA: (a) you may install and use one copy of the Software Product, or any prior version for the same operating system, on a single computer for use by a single simultaneous operator; and (b) you may install a single copy of the Software Product, strictly for your own personal use, on one portable computer owned by you. No other use, copying or distribution of the Software Product is permitted. You may not rent the Software Product, nor may you offer use of it to others through a service bureau or application service provider. If you are installing this copy of the Software Product as an upgrade, update, patch or enhancement of a prior release of the same Software Product which was installed on the same computer, your rights under the prior license agreement for the Software Product are terminated, and all of your use of the Software Product (including its prior versions) are solely under the terms of this license agreement.

Limitations

Except to the extent such a restriction is unenforceable under local law, you may not reverse engineer, decompile, or disassemble the Software Product. The Software Product is licensed as a single product, and its component parts may not be separated for use on more than one computer. You may not modify, amend, or create derivative works of the Software Product.

Term

If the Software Product that was distributed to you was labelled as an EVALUATION VERSION or DEMO VERSION (or its functional equivalent) (an "Evaluation Version"), the license granted under this EULA commences upon the installation of the Software Product and is effective for 14(fourteen) days following the date you install the Software Product (the "Evaluation Term"). Evaluation Version Software Products may include software code intended to disable their functionality after the expiration of the Evaluation Term. You may take no actions to circumvent the operation of such disabling code, and you accept all risks that might arise from such disabling code. If the Software Product was not distributed as an Evaluation Version, or if you converted an Evaluation Version installation of the Software Product to a non-Evaluation Version of the Software Product by authorised use of the conversion mechanism provided with the Software Product (in each case either being or resulting in a "Full-License Version"), the licenses granted under this EULA commence upon the installation of the Software Product and are effective in perpetuity unless terminated per the terms of this Agreement.

Termination

Upon the expiration of the Evaluation Term (if any), your rights under this EULA terminate automatically without notice from Fastclerk Ltd Without prejudice to any other rights, Fastclerk Ltd. may terminate this EULA or your rights under this EULA at any time if you fail to comply with the terms and conditions of this EULA. Upon termination of your rights under this EULA for any reason, or upon termination of the EULA itself, you must destroy all copies of the Software Product and all of its component parts in your possession (including all component parts, the media and printed materials, any prior versions, and this EULA). The terms of this paragraph shall survive any termination of this EULA.

Transfer

You may not rent, lease, lend, redistribute, or sublicense the software. You may, however, make a one-time permanent transfer of all of your license rights to the software to another party, provided that: (a) the transfer must include all of the software, including all its component parts, printed materials, the activation key and this License; (b) you do not retain any copy of the activation (license) key; (c) the party receiving the software reads and agrees to accept the terms and conditions of this License.

Site Licenses

The owner of the computer that you are installing the Software Product upon may have entered into a broad license agreement with Fastclerk Ltd governing the use of certain Fastclerk Ltd products including this Software Product. To the extent that the owner of the computer has entered into such an agreement that specifically states that it governs the use of the Software Product on computers owned by the owner, then any conflict between that agreement and this EULA shall be resolved in favour of the terms of that agreement, but otherwise this EULA shall simultaneously govern your license to the Software Product.

Third Party Products and Acknowledgements

Portions of the Software Product utilise or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the "online" electronic documentation for the software, and your use of such material is governed by their respective terms and conditions. If the Software Product and the included third party products are used in conjunction with other computer software and/or system(s), you are bound by the end user licenses, terms and conditions imposed by those computer software and/or system(s), including but not limited to, purchase of client access licenses to access or interface such computer software and/or system(s), computer operating system licenses, and all the other licenses that are required to legally operate the Software Product.

Samples

The Software Product may be provided with certain "Sample Applications” to demonstrate use of the Software Product or provide a base starting point for use of the Software Product. Sample Applications includes form, table, query, sync rule definitions, or similar items. If Sample Applications are provided, they are considered part of the Software Product for purposes of this EULA. However, you may use and create derivative works from Sample Applications, provided that you do so in conjunction with your use of the Software Product, and that you maintain any copyright notices that may be incorporated within the Sample Applications.

Governing Law

This agreement shall be governed by the laws of Great Britain and International Laws. If for any reason a court of competent jurisdiction find any provision, or portion thereof, to be unenforceable, the remainder of the License shall continue in full force and effect.

Disclaimer of Warranty

THIS SOFTWARE PRODUCT AND THE ACCOMPANYING FILES INCLUDING SAMPLE APPLICATIONS ARE LICENSED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which the software may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. In no event unless required by applicable law or agreed to in writing will Fastclerk Ltd or it's employees, contractors or the authors of the accompanying documentation, be liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Software Product (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the Software Product to operate with any other programs), even if advised of the possibility of such damages.

THE SOFTWARE PRODUCT IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS OR AIR TRAFFIC CONTROL EQUIPMENT, WHERE THE FAILURE OF THE SOFTWARE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.