Licence Agreement

The copyright and other intellectual property rights in this software (“the Software”) and its associated documentation are owned by Rotork plc or its supplier (“the Owner.”) Please read through the following licence conditions carefully. By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Software Licence. If you do not agree to the terms of this licence, please do not install, copy or otherwise use the Software.

1. Licence

1.1 You are permitted to:

1. load the Software into and use it on a single computer which is under your control;
2. transfer the Software from one computer to another provided it is used on only one computer at any one time;
3. use the Software on a computer network;
4. transfer the Software (complete with all its associated documentation) and the benefit of this Agreement to another person provided he has agreed to accept the terms of this Agreement and you contemporaneously transfer all copies of the Software you have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this Agreement shall automatically terminate. The transferor does not retain any rights under this Agreement in respect of the transferred Software.

1.2 You are not permitted:

1. to load the Software on to a network server or any other hardware for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution (such use requiring a separate licence);
2. except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly required to be 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 of it in any way.

2. Term

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.

3. Ownership

The Owner shall at all times retain ownership of the Software as recorded on the server from which the Software was downloaded and all subsequent copies of it regardless of form. This Agreement applies to the grant of the licence contained in this Agreement only and not to the download of the Software. The Owner's warranties are available only to the original user.

4. Warranties

4.1 The Owner warrants that the Software will perform substantially in accordance with its accompanying documentation (provided that the Software is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Software in all material respects. If the Owner is notified of significant errors it will endeavour to correct any such demonstrable errors in the Software or its documentation in the next or future releases of the Software.

4.2 The above represent your sole remedies for any breach of the Owner's warranties, which are given only to the original registered user.

4.3 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.

4.4 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 loss or damage of any kind (except personal injury or death resulting from the Owner's negligence) including lost profits, loss of business, loss of data or other indirect 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 except as expressly provided herein. In no event shall the Owner's liability exceed the amount paid by you for the Software.

5. Law

5.1 This Agreement shall be governed by and construed in accordance with English law.

5.2 Each of the parties irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the courts of England.

6. Exclusion of third party rights

Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.