Terms & Conditions
End-User Licence Agreement for ItelOffice Software
The copyright and other intellectual property rights in this software (Software) and its associated documentation are owned by Itel Office Software Limited (Owner). If you do not agree to be bound by these terms you will not be able to install, nor be entitled to use, the Software.
You are permitted to:
1.1 load the Cuba Server Software into and use it on a single computer which is under your control and which meets the specifications referred to in the front of the packaging containing the Software;
1.2 transfer the Cuba Server Software from one computer to another provided it is used on only one computer at any one time;
1.3 use the Software on a computer network provided you have purchased such number of End-User Licences as you wish to have concurrent users of the Software;
1.4 make up to three copies of the Software for back-up purposes only in support of the permitted use. The copies must reproduce and include the Owner’s copyright notice. Such copies and the media on which they are stored shall be the property of the Owner and this Agreement shall apply to all such copies as it applies to the Software;
- You are not permitted:
- except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation or use, reproduce or deal in the Software or any part thereof in any way.
- transfer the Software and the benefit of this Agreement to another person.
2.2 To the extent that local law gives you the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other computer programs, the Owner hereby undertakes to make that information readily available to you. The Owner shall have the right to impose reasonable conditions such as a reasonable fee for doing so. In order to ensure that you receive the appropriate information, you must first give the Owner sufficient details of your objectives and the other software concerned. Requests for the appropriate information should be made to the Owner at the address stated below.
This Agreement is effective until you terminate it by destroying the Software and its documentation together with all copies. It will also terminate if you fail to abide by its terms. Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control. The media on which such copies resided will after destruction of the copies residing on them revert to you.
5.1 The software is supplied at no charge by electronic download on restricted trial with a single user licence. You are free to install and integrate the software and for single use. The software is tested for integration with software and telecoms systems as detailed at www.iteloffice.com. The software licence can be extended to allow continuous use for multiple users. This licence is subject to a fee as detailed at www.iteloffice.com. Purchase of an extended licence implies that you have tested the software and have found it satisfactory and suited to your business, computer and telecoms system – whether or not they are among those tested by the owner. ItelOffice can take no responsibility for defects caused by replacements or additions to your operating or telecoms system at any date after purchase.
5.2 The Owner warrants that the Software will if properly used by you, provide the facilities and functions described at www.iteloffice.com (provided that the Software is properly used on the computer and with an operating system for which it was designed). The Software may have certain defects when delivered and if the Owner is notified of significant errors during the Warranty Period of 7 days from date of purchase it will correct any such demonstrable errors in the Software or its documentation within a reasonable time or (at its option) provide or authorise a refund (against return of the Software and its documentation).
5.3 The above represent your sole remedies for any breach of the Owner’s warranties, which are given only to the original registered user.
5.4 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
5.5 The Owner does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that defects in the Software will be corrected. You shall load and use the Software at your own risk and in no event will the Owner be liable to you for any indirect or special loss or damage of any kind (except personal injury or death resulting from the Owner’s negligence or breach of this Agreement) including any form of lost profits or consequential loss arising from your use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise. The Owner shall also not be liable for any failure by the Software to provide any functions not specified in its associated documentation. In respect of any other claim, in no event shall the Owner’s liability exceed the amount paid by you for the Software.
6.1 The Owner’s technical support staff will endeavour to answer by email any technical queries the original registered user may have regarding the use of the Software or its application. For email support please email: firstname.lastname@example.org.
7. Waiver of remedies
No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
8. Third parties
The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement.
This agreement shall be governed by and construed in accordance with the laws of England and Wales.
If you have any questions concerning this Agreement please contact Itel Office Software Limited, 5 Enmore Gardens, London, SW14 8RF, United Kingdom.