End-user Licence Agreement | Simplified Loader (Jun 2017 version)
IMPORTANT – Please read this End-user License Agreement (the ‘Agreement’) carefully. The Agreement sets out the terms and conditions by which the user (‘You’) may use Simplified Loader templates. By using Simplified Loader templates, You agree to accept and abide by the terms and conditions of the Agreement. Do not use Simplified Loader templates if You do not agree to these terms and conditions.
NOW THE PARTIES AGREE as follows:
1.1 The parties to the Agreement are:
(a)You (either an individual or an entity)
(b) Simplified Loader Ltd. (‘the Company’) regarding the use of Company’s Software (‘the Software’).
You are responsible for all users using Your account with the Company
2 Fifteen Day Trial Period
2.1 The trial period (‘the trial’) is free of charge and provides full functionality. The trial is only permitted for non-Production environments. It is Your responsibility to make sure that Your non-production environment has the same configuration as production.
2.2 The trial provides access to use the template for 15 days.
2.3 You must purchase the product to continue use once the trial is complete.
3.1 You will be licensed using the Fusion ERP username. You must provide us with usernames that need a license.
3.2 For the purposes of product usage, You should not create a generic username or share login credentials to use the product.
3.3 The Company has a right to alter the license period on giving 30 days’ notice to You
3.4 Simplified Loader cloud uses a Third-party for data transfer between Excel and Fusion ERP. All of the information entered into the Excel workbook will flow through a third party cloud.
3.5 You give the Company permission to use a third party for limited data transfer as mentioned in this term.
3.6 The Company owns the Simplified Loader cloud. Under no circumstances will You, the user, receive access to the Simplified Loader cloud.
3.7 Simplified Loader cloud uses Web Services on Fusion ERP environment. You give the Company permission to use Web Services of Your Fusion ERP environment as mentioned in this term.
3.8 When patching or upgrading Fusion ERP, it is Your responsibility to test the Simplified Loader templates. The Company takes no responsibility if the product is impacted by patching or upgrading the Fusion ERP environment.
3.9 The Company does not commit to providing any support.
3.10 Providing support during both the trial and licensed version is by the goodwill of the Company and is at the Company’s discretion.
4.1 The Company owns the Software which is under the protection of the United Kingdom copyright laws and other applicable laws.
4.2 The Company owns the legal title of the Software, including any if applicable trademarks, patents, copyrights and all other type of intellectual property.
4.3 You are not entitled to copy or distribute the software without the permission and authorization of the Company.
5 No Warranties
5.1 The Software is provided “as is” without any warranties.
5.2 You assume all the responsibilities and any risks when selecting the Software, and for the use and installation of the Software including all of the results obtained.
5.3 The Company makes no guarantee or warranty that the Software is exempt from any errors, interruptions or failures.
5.4 The Company is not responsible for whether the Software is compatible with your device.
5.5 Company disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement with respect to the Software and the accompanying written materials.
5.6 You acknowledge that the Software may not be available at certain times due to a number of scenarios including technical failure, maintenance, network infrastructure, delays from viruses, issues with services provided by third parties or an increase in demand. The Company therefore disclaims any express or implied warranty relating to the availability of the Software, its’ performance and accessibility.
6 Limited Liability
6.1 By accepting this agreement you will assume all responsibility with regards to the cost of damage resulting from the usage of the Software which is provided by the Company or third party.
6.2 To the extent permitted by UK law, the Company and its representatives will not be liable for any damages including without limit, damages occurring from loss of profits, business interruption, loss of data, Software or hardware disruption, repair expenses, time value, loss of good will and other pecuniary losses.
6.3 The Company will not be liable for any damages that will amount to more than the amount paid by you for the Software. This amount is the amount you pay including all discounts. If you use the Software during the trial period, you will not be entitled to any amount to the extent permitted by the applicable law
7.1 You do not have permission to transfer this Agreement, the Software, or any related materials including copies.
7.2 You do not have permission to disassemble or decompile the Software.
7.3 You do not have permission to modify, amend, or copy any part of the Software.
8.1 The Software and documentation relating thereto contains confidential information and you agree not to disclose such information to any third party other than your own employees or authorised agents without our prior consent;
8.2 The obligation of confidentiality under Clause 8.1 includes any confidential information relating to the Software which is obtained by you as the result of any analysis or de-compilation expressly permitted by the applicable law in your jurisdiction;
8.3 All of this Clause 14 shall survive the termination of this Agreement.
9 Governing Law
9.1 The governing laws for this agreement are of the United Kingdom.
9.2 Any dispute arising from this Agreement will be subject to judgement by the courts of the United Kingdom
9.3 If any clause of this Agreement is deemed to be invalid, the rest of the Agreement will remain enforceable. Any changes to this Agreement will only be binding if written and signed by both parties.
If you have any questions about this Agreement, please contact us by email.
Simplified Loader Ltd
Your continuance with this form submission means that you have read this Licence, fully understand it and agree to be bound by its terms and conditions.