Terms & Conditions
Liability
All information and software available through any Flying Cod web site are provided ‘as is’ without warranty or conditions of any kind express or implied. This includes but is not limited to any warranties or conditions of merchantability fitness for a particular purpose or non-infringement. We assume no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this web site and in no event shall we be liable for damages of any kind howsoever arising. Flying Cod web sites are under constant development and could include technical or other inaccuracies. Flying Cod web sites are accessible around the world and may contain references to products or services that are not available in your country.
Confidentiality
We will treat any data you send us as part of a product enquiry product purchase or support request as confidential. On-line payment details will be processed by a trusted third party service and we will never see them. If you provide any other information to Flying Cod you will be deemed to have granted us an unrestricted, irrevocable licence to use it for any commercial or non-commercial purpose we determine including but not limited to the development manufacturing and marketing of products that incorporate such ideas concepts or techniques.
Web links
You may link an appropriate web site to the home page only of a Flying Cod web site. The link must not include or re-package any Flying Cod web site content nor misrepresent the nature of any relationship between your site and the Flying Cod one nor imply any endorsement or sponsorship where such a relationship does not exist. No link may include content that is or could be construed as illegal or otherwise inappropriate and you agree that at our request any link will be removed immediately. Third-party web sites referred to on a Flying Cod web site are not under our control and we make no representations about them. You access these sites at your own risk and we are not responsible for the reliability of any data, opinions, advice, or statements they may contain. The links do not imply that we endorse, recommend or accept any responsibility for the content of such sites. Similar conditions apply to any mention of third-party products and services.
Jurisdiction
Any matters arising from purchase or use of a Flying Cod product or your access to or use of a Flying Cod web site shall be governed by the laws of England. We make no representation that any information on any Flying Cod web site is appropriate or available for use in all countries. We prohibit access from jurisdictions where to do so is illegal. You access this site on your own initiative and are responsible for compliance with all applicable laws.
Import/export
Flying Cod products, services and information may be subject to import or export controls and it is your responsibility to comply with all applicable laws and regulations including any applicable import and use restrictions or trade sanctions. By downloading or using products from Flying Cod you agree to the foregoing and certify that you are not under the control of located in or a resident or national of any country where restrictions apply.
US government terms
Flying Cod products and publications are commercial in nature. Our software, publications and software documentation are ‘Commercial Items’ as defined in the Code of Federal Regulations. They consist of ‘Commercial Computer Software’ and ‘Commercial Computer Software Documentation’ as defined in the Code. As provided in the Code Flying Cod publications commercial computer software and commercial computer software documentation may be distributed and licensed to United States Government end users with only those rights granted to all other end users including the terms and conditions contained in this document and any other licence agreement(s) that may accompany Flying Cod products and software documentation.
End User Licence Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF FLYING COD SOFTWARE (‘SOFTWARE’) YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THOSE CONCERNING LIMITATIONS ON USE, TRANSFERABILITY, WARRANTY AND LIABILITY. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND/OR ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. Flying Cod owns all intellectual property in the Software. Flying Cod permits you to use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate licence agreement or ‘Read Me’ file located near such materials.
1. Definitions
‘Software’ means all the contents of the files, disk(s), CD-ROM(s) downloads or other media with which this Agreement is provided, including but not limited to documentation, upgrades, modified versions, updates, additions, and copies of the Software. ‘Use’ or ‘Using’ means to access, install, download, copy or otherwise benefit from using the functionality of the Software. ‘Flying Cod’ means Flying Cod Limited, Hartham Park, Corsham, Wiltshire, SN13 0RP, United Kingdom.
2. Software licence
As long as you comply with the terms of this Software Licence Agreement (‘Agreement’) Flying Cod grants you a non-exclusive licence to Use the Software on a single compatible computer. Use on a network and/or for multiple users is not covered by this Agreement and would be subject to a separate purchase and Agreement. You may not customise or extend the functionality of the Software.
3. Indemnity & liability
You agree to hold Flying Cod harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, the Software. UNDER NO CIRCUMSTANCES WILL FLYING COD BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
4. Intellectual property ownership, copyright protection
The Software is the intellectual property of, and is owned by, Flying Cod Limited. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of Flying Cod Limited and are protected by law. This Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Flying Cod.
5. Modifications
You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
6. Transfer
You may not, rent, lease, sublicense, assign or transfer the Software or your rights in it, nor authorise all or any portion of the Software to be copied onto another user's computer. You may transfer all your rights to Use the Software to another person or legal entity provided that you also transfer this Agreement and the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions and additionally retain no copies, including backups and copies stored on a computer. On completion of transfer, this Agreement and any other terms and conditions upon which you legally purchased a license to the Software apply to the new User.
7. Updates
When the Software is updated by Flying Cod, the original valid licence and terms and conditions still apply and all Updates are provided on that basis. By Using any Update you terminate your right to use any previous version of the Software save only for a short period as may be required during any transition to the Update and only on the same computer. You acknowledge that any obligation Flying Cod may have to support the previous versions of the Software may be ended upon availability of the Update.
8. NO WARRANTY
The Software is being delivered to you ‘AS IS’ and Flying Cod makes no warranty as to its use or performance. FLYING COD AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, FLYING COD AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL FLYING COD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A FLYING COD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. FLYING COD's AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
10. Export rules
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner Prohibited by the laws that apply to Flying Cod Limited or to you or to your business. You hereby represent and warrant that you are not a citizen or entity of a country where Use of the Software would create an offence and that you are not otherwise prohibited from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement. The Software and Documentation are ‘Commercial Items’ as defined in US legislation and consist of ‘Commercial Computer Software’ and ‘Commercial Computer Software Documentation’ as defined. They may be licensed to US Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
11. Governing law
This Agreement will be governed by and construed in accordance with the laws of England. This Agreement or any part thereof may only be modified in writing and signed by an authorised officer of Flying Cod.
12. Compliance
You agree that upon request from Flying Cod or its authorised representative you will within thirty days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licences from Flying Cod.
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