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You are advised to print this document and file it carefully.


    LANDMARK
    SOFTWARE AGREEMENT


    IMPORTANT - READ CAREFULLY BEFORE INSTALLATION

    By installing this software package, you indicate your acceptance of the following LANDMARK (LANDMARK) Licence agreement.

    This is a legal agreement between you, the Licensee, and KDP Software Ltd. (KDP). By installing this software package, you are agreeing to be bound by the terms of this agreement, IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY DELETE THE SOFTWARE PACKAGE AND THE ACCOMPANYING ITEMS. KDP specifically retains title to all LANDMARK software and does not sell any rights in LANDMARK software. Instead KDP grants the right to use the software by means of a Software Licence.


    LANDMARK SOFTWARE LICENCE

  • GRANT OF LICENCE

    In consideration of registering the modules downloaded and your agreement to abide by the terms and conditions of this agreement KDP grants you the non-exclusive right to use the enclosed software ("SOFTWARE") on a single IBM AS/400 central processor. This license is only valid on a single AS/400, and does not grant the right to act as a bureau, or conversion centre using the software. The Licensee must obtain additional copies of the software if the software is to be used on any other AS/400.

  • COPYRIGHT

    The SOFTWARE and all intellectual property rights therein are owned by KDP and protected by United Kingdom copyright and international treaty provisions. This Licence grants you the right to use the SOFTWARE in the manner described above except that you may also make appropriate security copies of the SOFTWARE solely for back-up or archival purposes. Any such security copies remain the property of KDP and continue to be governed by the terms of this agreement.

  • RESTRICTIONS ON USE

    You may not assign, sub-license, rent or lease the SOFTWARE and accompanying materials. You may use the SOFTWARE in machine readable form only and you agree not to cause or permit the decompilation or disassembly of the SOFTWARE. You agree not to remove any copyright or other proprietary or product identification notices from the SOFTWARE.

  • INDEMNIFICATION

    You agree to indemnify, defend and hold harmless KDP from and against any claims, suits, damages, expenses and legal fees brought against or suffered by you or any third party which are attributed to your use of the SOFTWARE.

  • TERMINATION

    This licence is effective from the date that you receive the SOFTWARE and shall remain in force unless terminated. You may terminate it at any time by destroying the SOFTWARE together with all copies and any accompanying material. This Licence shall also be terminated if you fail to comply with any terms or conditions in this Licence. You agree, upon such termination, to destroy the SOFTWARE together with all copies and any accompanying material.

    LIMITED WARRANTY

    KDP warrants that the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of delivery and any implied warranties that may be deemed applicable to the SOFTWARE are strictly limited to such ninety (90) days.

    In the event of a failure of the SOFTWARE to so perform that is not caused by accident, abuse or misapplication that is made known to KDP within the said ninety (90) day period, KDP's sole obligation (and your sole and exclusive remedy) will be at KDP's option to repair the defect. KDP's obligation hereunder will be limited to such repair.

    KDP DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND ANY ACCOMPANYING WRITTEN MATERIALS.

    KDP'S LIMIT OF LIABILITY: IN NO EVENT SHALL KDP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS SAVINGS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE AND ANY ACCOMPANYING WRITTEN MATERIALS, EVEN IF KDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, KDP'S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED IN TOTAL THE AMOUNT PAID FOR THE SOFTWARE UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT.

    GENERAL

    If any provision of the Agreement is found to be invalid by any court of competent jurisdiction, the balance of this Agreement shall remain in full force and effect.

    This Agreement shall not create an agency, partnership, franchise, or any other form of legal association.

    This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof.

    This Agreement shall be governed by the laws of England and Wales.

    Should you have any questions concerning the Agreement, or if you desire to contact KDP for any reason, please write to:

    KDP Software Ltd.
    Unit 2C MJ House
    Old Mill Drive
    Storrington
    RH20 4RH
    Tel: +44 (0) 1903 742327

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