You are advised to print this document and file it
LANDMARK SOFTWARE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE INSTALLATION
By installing this software
package, you indicate your acceptance of the following
LANDMARK (LANDMARK) Licence agreement.
is a legal agreement between you, the Licensee, and KDP
Software Limited. (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.
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.
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.
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.
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
here under 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
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
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
This Agreement constitutes
the entire agreement between the parties with respect to the
subject matter thereof.
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,
KDP Software Limited.
Tel: +44 (0) 8450 604123