Terms and Conditions
DEFINITIONS 'License Agreement' shall mean this document. 'Licensee' shall be the individual or company purchasing the License Agreement 'Efxsoft' shall be Efxsoft Solutions. 'Software' shall mean licenses of EfxSoft computer software/s purchased under this agreement and shall include any replacements, modifications or additions supplied under this License Agreement (but shall not include any upgrades unless agreed by EfxSoft. 'User' shall mean an employee of the Licensee who exercises a right of access to a copy of the Software. 'Owner' shall mean the supplier organization that owns the rights to the software and/or software component, and shall include its suppliers. AGREEMENT This Agreement shall commence on the date of receipt of payment by EfxSoft and continue unless and until terminated in accordance with the provisions of this Agreement. EXCLUSION n respect of loss or damage arising out of or in any way connected with this Agreement and howsoever caused (whether by negligence or otherwise) EfxSoft shall not be liable for (a) special, indirect or consequential loss (b) loss arising out of any delay or loss of time, production, profit, revenue or use. EfxSoft shall not be liable for any death or personal injury resulting from negligence. This License Agreement only covers usage of the Software in the country stated at the time of purchase. The Software may not be used in any other country.Except where each instance of the software in use is covered by a fully paid valid license. ACCEPTANCE The Licensee is encouraged to test the Software's suitability prior to purchase of any Licenses. Acceptance is deemed to take place on purchase of the License.EfxSoft undertakes for software it develops itself, that provided it is operated in accordance with the instructions contained in the documentation supplied with the Software, the Software will perform as stated in the documentation supplied with the Software. EfxSoft does not guarantee that the Software is free of minor errors not materially affecting such performance. The undertaking given in this Sub-Clause is in lieu of any condition or warranty express or implied by law as to the quality or fitness for any purpose of the Software. EfxSoft does not warrant or represent nor is it a condition of this Agreement that the functions contained in the Software will meet the Licensee's requirements or will operate in the combinations including any other hardware or software which may be selected for use by the Licensee or its customers or that the operation of the constituent parts of the Software will be uninterrupted or free of errors or that all errors will be corrected. All other conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the Software are excluded by EfxSoft, to the fullest extent permitted by law. LICENSE Subject to Licensee's payment of EfxSoft fees and compliance with this Agreement, Licensee is granted a non-exclusive and non-transferable license to use the Software strictly in accordance with the terms of this Agreement. All intellectual property rights and title to the Software shall remain with the Owner and no interest or ownership therein is conveyed to Licensee under this Agreement. No rights to modify, adapt, or translate the Software or create derivative works there from is granted to Licensee. Nothing in this Agreement shall be construed to mean, by inference or otherwise, that Licensee has any right to obtain source code for the Software.Licensee may not, without the prior written consent of EfxSoft:lease, loan, resell or otherwise distribute the Software, Except as permitted in this Agreement, permit access to or use of the Software by or on behalf of any third party.Licensee shall indemnify EfxSoft and keep EfxSoft fully and effectively indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature arising out of or in connection with;any breach by Licensee of this Clause 5; or A breach of copyright or other intellectual property or proprietary right, or a breach of confidence by the Licensee, his servants, agents, employees and contractors. MODIFYING The Licensee may not, without the prior written consent of EfxSoft, modify, reverse engineer or decompile (except to the extent permitted by law) the Software or incorporate the Software in programs not provided by EfxSoft. TERMINATION The Licensee may terminate this agreement by giving not less than one month's written notice.EfxSoft may terminate this Agreement forthwith by notice in writing:If the Licensee shall have committed a breach of its obligations hereunder which is capable of remedy and which shall remain unheeded thirty days after notice of such breach has been served by EfxSoft on the Licensee. If the Licensee shall have committed any breach of its obligations hereunder which is not capable of remedy;if the Licensee being an individual shall be declared bankrupt or being a company shall be declared insolvent or a receiver be appointed or shall go into liquidation save for the purpose of amalgamation or reconstruction or a charging order shall be made over any of its assets. OWNERSHIP The Software and all intellectual and proprietary rights in the Software are owned by the Owners, and its structure, organization and code are the valuable trade secrets of the Owners. The Licensee shall follow all reasonable instructions given by EfxSoft from time to time with regard to the use of trade marks owned by the Owners and rights of the Owners.Title, copyright and all other proprietary rights in the Software and the accompanying documentation and all parts and copies thereof shall remain vested in the Owners, and the Licensee hereby covenants not to permit the removal or deletion of any copyright notice which may be endorsed on the Software or the accompanying documentation. ASSIGNMENT The Licensee shall not assign any of its rights or obligations under this Agreement without the prior written consent of EfxSoft. FORCE MAJEURE Neither party shall be liable for failure to perform its obligations under this Agreement if such failure results from circumstances beyond the party's reasonable control. WAIVER No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of the party under this Agreement. ENFORCEMENT If any term or provision or any part thereof contained herein shall be held to be illegal or unenforceable under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected thereby. PUBLICITY EfxSoft may, without the prior written consent of the Licensee, advertise or announce on the website (www.efxsoft.com) that they are providing services to the Licensee. COMPLETE AGREEMENT This Agreement is the complete and exclusive statement of the agreement between the parties which supersedes all proposals or prior agreements oral or written and save as expressly set forth herein all representations conditions or warranties express or implied statutory or otherwise are excluded. NOTICES Any notice to be given hereunder shall be delivered or sent by email in the case of EfxSoft or the Licensee if a corporation or to his usual or last known place of residence if the Licensee is an individual or firm. I agreed and proceed purchase.            I do not agree
Efxsoft Solutions 2005-2007