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BIP SOLUTIONS COPYRIGHT
BIP SOLUTIONS WARRANTY
LIMITED WARRANTY
CUSTOMER REMEDIES
NO OTHER WARRANTIES
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
BIP SOLUTIONS TERMS & CONDITIONS
DELTA TERMS & CONDITIONS
BIP SOLUTIONS COPYRIGHT
Unless stated to the contrary, material in this web site is copyright
to BIP SOLUTIONS (BIP SOLUTIONS) Limited. Reproduction is limited
to the downloading to a local hard disk for your personal use. The
content of the web site may not be copied or otherwise incorporated
into or stored in any other web-site, electronic retrieval system,
publication or other work in any form."
BIP SOLUTIONS WARRANTY
If you acquired your BIP SOLUTIONS Product in ENGLAND, SCOTLAND,
WALES or N.I the following limited warranty applies to you:
LIMITED WARRANTY
BIP SOLUTIONS warrants that the SOFTWARE will perform substantially
in accordance with the accompanying Product Guide for a period of
90 days from the date of receipt. Any implied warranties on the
SOFTWARE are limited to 90 days, or the shortest period permitted
by applicable law, whichever is greater.
CUSTOMER REMEDIES
BIP SOLUTIONS entire liability and your exclusive remedy shall be,
at BIP SOLUTIONS option, either (a) return of the price paid or
(b) repair or replacement of the SOFTWARE that does not meet BIP
SOLUTIONS Limited Warranty and which is returned to BIP SOLUTIONS
with a copy of your receipt. This Limited Warranty is void if failure
of the SOFTWARE has resulted from accident, abuse, or misapplication.
Any replacement SOFTWARE will be warranted for the remainder of
the original warranty period or 30 days, whichever is longer.
NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, BIP SOLUTIONS
disclaims all other warranties, either express or implied, including
but not limited to implied warranties of merchantability and fitness
for a particular purpose, with respect to the software, the accompanying
product guide and any other accompanying material. The Limited Warranty
contained herein gives you specific legal rights.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, BIP SOLUTIONS
and its suppliers shall not be liable for any other damages whatsoever
(including, without limitation, damages for loss of business profits,
business interruption, loss of business information, or other pecuniary
loss) arising out of the use of or inability to use this BIP SOLUTIONS
Product, even if BIP SOLUTIONS has been advised of the possibility
of such damages. In any case, BIP SOLUTIONS entire liability under
any provision of this agreement shall be limited to the amount actually
paid by you for the software.
This Agreement is governed by the laws of Scotland.
Should you have any questions concerning this Agreement, or if
you desire to contact BIP SOLUTIONS for any reason, please contact:
BIP SOLUTIONS Limited,
Park House,
300 Glasgow Road,
Shawfield,
Glasgow,
G73 1SQ
BIP SOLUTIONS TERMS & CONDITIONS
Terms agreed between the subscriber, hereafter referred to as the
‘Licencee’, and BIP SOLUTIONS Limited, hereafter referred
to as the ‘Publisher’, for the Product, hereafter referred
to as the ‘Product’.
- The Licence applies for an annual subscription to the Product
for a minimum period of one year and thereafter for further such
annual periods until such time as termination is requested and
that such termination when requested will then be effective as
from the end of the subscription year in which our written request
to cancel is received by the Publisher. Payment method agreed
as indicated below or by invoice payable on receipt.
- The information derived from the Product to which this agreement
relates will be used for the sole use of the above Licencee for
internal corporate use only from a single workstation and in compliance
with these terms may be printed out or copies to a computer disk
for personal or internal corporate use only.
- Neither the Product software nor information therein will be
corrupted or changed, or decimated to create other products or
services.
- Neither the Product nor any part of the information contained
therein will be transferred for a fee or freely to others in any
form whatsoever either electronically or physically.
- No information will be printed or stored which is not pertinent
to the business of the Licencee or the organisation on whose behalf
this licence is entered into.
- The licence granted may not be transferred or assigned by the
Licencee to others without the written consent of the Publisher
or European Commission.
- The agreement is not subject to any others terms and conditions
either stated or implied, unless formally agreed by the Publisher
in writing.
- Data, style and function Copyright remains at all times with
the Publisher, and those bodies with whom they have entered licensed
agreements, which includes the European Commission.
- The licence will be terminated, without notice, by the Publisher
if the Licencee fails to comply with the terms stated above. In
such circumstances the Licencee will be subject to legal action
for compensation regarding any infringement of the terms agreed.
- Obligation of the Licencee to the terms stated above will survive
the termination of the licence. Whilst the Publisher seeks to
ensure delivery of a quality product at all times, the Licencee
agrees that neither the Publisher nor their associates have any
liability whatsoever for losses sustained due to errors or omissions
including those arising from either the hardware, software or
information provided; nor for any losses arising from non receipt
or operational failure of the product. "These Terms and Conditions
shall be governed by and construed in accordance with the laws
of Scotland and any disputes shall be subject to the jurisdiction
of the courts of Scotland, unless otherwise submitted by BIP Solutions
Ltd".
DELTA TERMS & CONDITIONS
Terms agreed between the subscriber, hereafter referred
to as the ‘Licencee’, and BIP SOLUTIONS Limited, hereafter
referred to as the ‘Publisher’, for the Product, hereafter
referred to as the ‘Product’.
- The Licensee shall keep and shall procure that all of its employees
or agents or representatives shall keep secret and confidential
both during and after the term of this Licence all information
relating in any way to the business affairs, software, computer
systems, suppliers, customers, accounts, finances or business
methods of BiP or technical information relating to the Service
coming into its possession during the period of this Licence and
in contemplation of it provided that such information is not (i)
in the public domain through no act or default of the Licensee
or its officers, employees or agents, (ii) known to the Licensee
prior to its receipt and at its free disposal, (iii) received
from a third party who owes an obligation of confidence in respect
of that information, or (iv) is not information which the Licensee
is required by law to disclose to any court or other relevant
authority. The Licensee shall itself and shall procure that all
of its employees or agents or representatives use such information
only for the purposes of this Licence and for no other purpose
whatsoever, and in particular shall not use such information to
develop other services which may compete with the services being
provided under this Licence
- The rights and obligations of the Licensee under this Licence
may not be transferred or assigned by the Licensee to any third
party without the prior written consent of BiP
- This Licence contains the whole agreement between the parties
in respect of the subject matter of this Licence and supersedes
and replaces any prior written or oral agreements, representations
or understandings between the parties relating to the subject
matter. The parties confirm that they have not entered into this
Licence on the basis of any representation that is not expressly
incorporated into this Licence
- Nothing contained in this Licence shall be deemed to constitute
or imply any partnership, joint venture, agency, fiduciary relationship
or other relationship between the parties other than the contractual
relationship expressly provided for in this Licence and neither
party shall have, nor represent that it has, any authority to
make any commitments on behalf of the other party
- Subject to the following provisions of this Clause 6 e), this
Licence may not be released, discharged, supplemented, amended,varied
or modified in any manner except by agreement in writing of the
parties. BiP shall be entitled to supplement, amend, vary or modify
the Licence or any part of the same at any time by giving notice
to the Licensee (which may be validly served in electronic form
by displaying the same to the Licensee when the Licensee or any
End User uses the Service or accesses the home page of the Service),
any such supplement, amendment, variation or modification being
effective fifteen (15) days after such notice
- Failure by either party to exercise any right or remedy under
this Licence shall not be construed as a bar to or as a waiver
of such right or remedy in respect of any future event
- If any provision of this Licence, not being of a fundamental
nature, is held to be illegal, void or unenforceable, it shall
be severed and the validity or enforceability of the remainder
of this Licence shall not be affected
- All notices under this Licence shall, unless otherwise indicated,
be validly served if sent by first class certified, registered
or recorded delivery post or facsimile transmission to the address
or facsimile number of the other party as notified from time to
time by the other party to the party serving notice, being as
at the date of this Licence in the case of BiP the address and
facsimile number specified below and being in the case of the
Licensee the address and facsimile number specified on the Delta
Suite registration form. Notices shall be deemed to have been
served if sent by post within 48 hours of sending or if sent by
facsimile transmission on receipt of a successful transmission
report provided that a copy of such notice is confirmed by first
class certified, registered or recorded delivery post sent the
same day
- In processing any personal data of the Licensee or End Users
as part of the Service, the parties acknowledge that BiP is processing
such personal data as data processor and shall only process such
personal data in accordance with the instructions of the Licensee
and shall take appropriate technical and organisational measures
in respect of against unauthorised or unlawful processing of personal
data and against accidental loss or destruction of or damage to
such personal data
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