This License applies to the
EASY2SOLVE IT CONTROL TOOLKIT (the "Software").
HAVING REGISTERED THE SOFTWARE, YOU HAVE CONSENTED TO BE BOUND BY AND BECOME A
PARTY TO THIS SOFTWARE LICENSE AGREEMENT.
1.0 - License
2.0 - Restrictions
3.0 - Fees
4.0 - Title and Copyright
5.0 - Disclaimer of Warranty
6.0 - Limitation of Liability and Indemnity
7.0 - Assignment
8.0 - Termination
9.0 - Notices
10.0 - Entire Agreement and No Waiver
11.0 - Governing Law
Copyright and Trade Mark Notice
1.0 - License
1) The Licensor (Easy2solve Software Limited) grants to the organization or
other person downloading the Software (the "Licensee") a non-exclusive and
non-transferable license to use the downloaded Software for the Licensee's own
personal or internal business purposes only.
2) The Licensee must only use the Software in accordance with this License.
3) Depending on the type of license purchased, the Licensee may only use the
Software either on a standalone PC or workstation or via a network provided it
has paid the Licensor's agreed fees for that specific License type.
4) The License type will either be a Single User License, a Multi-user license
or a World-wide License depending upon the type of License purchased. Unless
otherwise stated the license purchased will be a Single User License.
5) A Single User License only allows access to, and use of, the Software or by
one named individual on one stand-alone PC or workstation. No copies are to be
made of Single User Software.
6) A Multi-user License is for use within one organization or legal enterprise
within one country and, within that organization or legal enterprise, has no
restrictions on the number of users who are entitled to access the Software,
provided always that such users are employed by, or represent the Licensee
organization or enterprise. If you wish to use the software ona network then the
Multi-user license is needed.
7) More information on how to upgrade your license or request a quotation for a
World-wide License can be obtained from Sales@Easy2solve.com.
7) The License does not entitle the Licensee to receive from the Licensor
telephone assistance.
2.0 - Restrictions
The Licensee may not:
1) adapt, alter, modify or create any derivative works of the Software or
documentation, including any translation, except strictly for its own internal
purposes;
2) decompile, disassemble, reverse engineer, or otherwise attempt to derive the
source code for the Software (except to the extent applicable laws specifically
prohibit such restriction);
3) redistribute, publish, sell, rent, lease, sub-license, part with possession
of or otherwise transfer the Software or any rights in it, or use the Software
in connection with a service bureau, application service provider, or similar
business;
4) redistribute any information received from or via the software to other
workstations, users or systems which are not covered by this license;
5) remove or alter any trademark, logo, copyright or other proprietary notices,
legends, symbols or labels in the Software.
3.0 - Fees
1) The License fee for the Software shall be as displayed on the Licensor's
website, and this License is conditional on the applicable fees (and any
relevant taxes such as VAT) being paid to the Licensor or to an authorized
Distributor.
4.0 - Title and Copyright
1) The Software is protected by copyright and other intellectual property laws
and by international treaties.
2) No title to, or rights of, ownership of the Software, or the copyright or any
other intellectual property rights in the Software, is or will be transferred to
the Licensee.
3) The Software contains confidential information of the Licensor, and the
Licensee agrees that except in accordance with an express written authority
signed by an authorized signatory of the Licensor, it will not provide or
otherwise make any of the Software and / or related documentation available or
disclose any of such information to any other person.
4) The Licensee must notify the Licensor immediately if the Licensee becomes
aware of any unauthorized use of the whole or any part of the Software by any
person.
5) The copyright of CobiT and all references to CobiT and related guidance from
CobiT within this toolkit is, and remains, the property of the Information
Systems Audit and Control Foundation.
5.0 - Disclaimer of Warranty
1) The EASY2SOLVE IT CONTROL TOOLKIT and all accompanying materials are provided
on an "as is" basis, without warranty of any kind, including without limitation
any warranty as to the quality or performance of the Software, or that it is
free of defects or errors or does not infringe the patent, copyright or other
rights of any other person. In the event the Software is found to infringe any
third party right, the Licensor may seek to ensure that the Licensee is
permitted to continue using the Software, or failing that may require the
Licensee to cease using the Software.
2) The Licensee acknowledges that the adoption of any of the guidance and
recommendations contained within the Software does not represent a guarantee
that the Licensee's information will be secure.
3) All terms and conditions implied by statute or otherwise are hereby excluded
to the maximum extent permitted by law.
6.0 - Limitation of Liability and Indemnity
1) The Licensor shall not be liable to the Licensee for any loss of profits,
business opportunities or data, or any special, indirect or consequential losses
or damages of any kind whatsoever, whether caused by the negligence of the
Licensor or otherwise.
2) In any case, the Licensor's entire liability under any provision of this
License shall not exceed the aggregate fees paid by the Licensee for this
License.
3) The Licensor shall have no liability arising out of content provided by the
Licensee or a third party that is accessed through the Software and / or any
material linked through such content.
4) Nothing in this License affects any liability of the Licensor for death or
personal injury caused by negligence.
5) Neither party shall be liable for failure to perform its obligations under
this License if such failure is caused by force majeure, which shall include but
not be limited to an Act of God, war, natural disaster, fire, flood, explosion
or earthquake or any other circumstances outside that party's reasonable
control.
6) The Licensee shall indemnify the Licensor against any loss or liability
arising from the unauthorized use of the Software by the Licensee.
7.0 - Assignment
1) This License is personal to the Licensee, and may not be assigned without the
Licensor's express written consent.
8.0 - Termination
1) The Licensor may terminate this License with immediate effect by giving
written notice to the Licensee if the Licensee commits a material breach of its
obligations under this License, becomes bankrupt or goes into liquidation,
receivership or administration or ceases to carry on business.
2) If for any reason the license terminates, the Licensee agrees to delete all
copies of the Software and make no further use of it.
9.0 - Notices
1) Unless otherwise stated within this License, any notices to be given by
either party to the other shall be in writing and shall be delivered by hand,
electronic mail (other than for the purpose of legal process) or pre-paid post
to the other at its principal or last known address.
10.0 - Entire Agreement and No Waiver
1) This License represents the entire agreement between the parties in relation
to the subject matter of this License and supersedes all other agreements or
representations made by either party, whether oral or written.
2) Nothing in this License affects any liability for fraudulent
misrepresentation.
3) No waiver by the Licensor of any default of the Licensee under this License
shall operate or be construed as a waiver by the Licensor of any future
defaults, whether of a like or different character. No granting of time or other
forbearance or indulgence by the Licensor to the Licensee shall in any way
release, discharge or otherwise affect the liability of the Licensee under this
License.
11.0 - Governing Law
1) This License shall be governed by the laws of England and the parties agree
to submit to the exclusive jurisdiction of the English Courts.
Copyright and Trade Mark Notice
Copyright (c) protected 2002 - 2005 on behalf of Easy2solve Software Limited.
All rights reserved. The material contained within the EASY2SOLVE IT CONTROL
TOOLKIT may not be reproduced and may not be distributed, publicly performed or
otherwise used, except with the prior express permission of the Licensor. As
stated above, the copyright of CobiT and all references to CobiT within this
toolkit is the intellectual property of the Information Systems Audit and
Control Foundation.
All trade marks herein are the property of their respective owners.