LICENCE AGREEMENT FOR "ProDNC" and/or "ProDNC-Remote"
SOFTWARE - THE "SOFTWARE PRODUCT"
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT CAREFULLY
BEFORE CONTINUING WITH THIS PROGRAM DOWNLOAD AND INSTALL OR PURCHASE:
DNC Software Ltd's End-User licence Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and DNC Software
Ltd for the DNC Software Ltd software product(s) identified above which
may include associated software components, media, printed materials,
and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing,
copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound
by the terms of this EULA. This licence agreement represents the entire
agreement concerning the program between you and DNC Software Ltd, (referred
to as "licencer"), and it supersedes any prior proposal, representation,
or understanding between the parties. If you do not agree to the terms
of this EULA, do not install or use the SOFTWARE PRODUCT.
PRODUCT is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The SOFTWARE
PRODUCT is licenced, not sold.
The SOFTWARE PRODUCT is licenced as follows:
(a) Installation and Use.
DNC Software Ltd grants you the right to install and use copies of the
SOFTWARE PRODUCT on your computer running a validly licenced copy of the
operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows
95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows
ME, Windows Vista, Windows 7, Windows 8, Windows 10].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for
backup and archival purposes.
(c) Purchased Copies.
Any SOFTWARE PRODUCT that is purchased is unlocked by a binary cryptographic keyfile ("keyfile").
You need to buy, and we then supply one keyfile per copy of software sold. So if you need to install the software
on ONE standalone computer, you need ONE keyfile. If you need to run the software on FIVE standalone computers, you
need FIVE licences. If you install on a network, you need a single-licence for each connected computer that accesses the software.
Performing a chargeback on any transaction past or present will result in the revocation of the grant of licence for all of the SOFTWARE PRODUCT
licences originally purchased from us in good faith until the matter is resolved. If a chargeback is not resolved
(by repurchasing the licence plus any associated chargeback fees incurred by us) we reserve the right to terminate the
grant of licence for all of the SOFTWARE PRODUCT licences.
If a chargeback is not resolved then all copies of the SOFTWARE PRODUCT must be uninstalled and any copies destroyed.
(e) Upgrade From Previous Versions.
If you have previously purchased an earlier version of ProDNC Standard Edition then you
can upgrade to Version 5. If you want to upgrade
from Version 4 to Version 5, there is an upgrade fee of 50% of the new
Version 5 purchase price. As of January 1st 2020 we no longer support v4 ProDNC Standard Edition.
Note: Existing v4 keys will not work in v5 software without purchasing an upgrade to v5.
(e) Key replacements.
We will replace any same ProDNC version keyfile, free of charge for the lifetime of the product, for whatever reason,
unless the intent is to obtain a new keyfile by fraudulent means, such as requesting new keyfiles
over and above the number of keyfiles you have purchased.
We will only replace the same version ProDNC keyfile free of charge. If you choose to upgrade from an
earlier Version 4 to Version 5, there is an upgrade fee of 50% of the new Version 5 purchase price. Should you require the company name to be different, perhaps because of a company buyout, company takeover or company rename, then there is a 50% purchase price cost for replacements.
By purchasing this SOFTWARE PRODUCT you are not entering into any real
or implied or any other kind of relationship with DNC Software Ltd in
any way. DNC Software Ltd has no joint venture, partnership, franchise,
licencing, distribution, employment, affiliation or agency relationship,
or any other kind of relationship whatsoever with the purchaser and/or
end-user, be they a person or company or entity, anywhere in the world.
DNC Software Ltd shall not be liable for any representation, act or omission
of the purchaser and/or end-user.
OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies
of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third
parties. Evaluation versions available for download from DNC Software
Ltd's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT,
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
DNC Software Ltd may provide you with support services related to the
SOFTWARE PRODUCT ("Support Services"). Any supplemental software code
provided to you as part of the Support Services shall be considered part
of the SOFTWARE PRODUCT and subject to the terms and conditions of this
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE
Without prejudice to any other rights, DNC Software Ltd may terminate
this EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT
in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE
PRODUCT and any copies thereof are owned by DNC Software Ltd. All title
and intellectual property rights in and to the content which may be accessed
through use of the SOFTWARE PRODUCT is the property of the respective
content owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such
content. All rights not expressly granted are reserved by DNC Software
DNC Software Ltd expressly disclaims any warranty for the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is provided 'As Is' without any express or implied
warranty of any kind, including but not limited to any warranties of merchantability,
noninfringement, or fitness of a particular purpose. DNC Software Ltd
does not warrant or assume responsibility for the accuracy or completeness
of any information, text, graphics, links or other items contained within
the SOFTWARE PRODUCT. DNC Software Ltd makes no warranties respecting
any harm that may be caused by the transmission of a computer virus, worm,
time bomb, logic bomb, or other such computer program. DNC Software Ltd
further expressly disclaims any warranty or representation to Authorized
Users or to any third party.
In no event shall DNC Software Ltd be liable for any damages (including,
without limitation, lost profits, business interruption, or lost information)
rising out of 'Authorized Users' use of or inability to use the SOFTWARE
PRODUCT, even if DNC Software Ltd has been advised of the possibility
of such damages. In no event will DNC Software Ltd be liable for loss
of data or for indirect, special, incidental, consequential (including
lost profit), or other damages based in contract, tort or otherwise. DNC
Software Ltd shall have no liability with respect to the content of the
SOFTWARE PRODUCT or any part thereof, including but not limited to errors
or omissions contained therein, libel, infringements of rights of publicity,
privacy, trademark rights, business interruption, personal injury, loss
of privacy, moral rights or the disclosure of confidential information.
7. LEGAL JURISDICTION
This agreement shall be governed by and construed in accordance with the
laws of England and Wales.
A User consents to the exclusive jurisdiction and venue of the English
Courts in all disputes arising out of or relating to the use of this SOFTWARE
PRODUCT. Use of this SOFTWARE PRODUCT is unauthorised in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. In any action to enforce
this Agreement the prevailing party will be entitled to costs and reasonable
lawyers' and/or solicitors' fees. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Agreement
shall continue in effect.
Registered in England : No. 7384997
Registered Office : 3 Meynell St, Wildsworth, Gainsborough, Lincs,
DN21 3DX,United Kingdom