(C) 2022 Avian Management Services Limited.
All rights reserved worldwide
Grant of License
In consideration of payment of the LICENSE fee, which is a part of the price you paid for this product, and your agreement to abide by the terms and conditions of this License Agreement, Avian Management Services Limited, as Licensor, grants to you, the LICENSEE, a nonexclusive right to use and display this copy of an Avian Management Services Limited software program (hereinafter the ‘SOFTWARE’) on a single COMPUTER at a single location so long as you comply with the terms of this License. If the single computer on which you use the SOFTWARE is a multi-user server system, the License covers as many users of the single computer as requested at the time of initial purchase. Use of the SOFTWARE by additional users over and above those licensed, requires a further license fee and you should contact Avian Management Services Limited or a licensed Avian Management Services Limited dealer immediately. The licensee agrees not to (a) rent, lease, lend, sub-lease, or otherwise transfer either the materials supplied pursuant-to this agreement or the licensee’s rights hereunder; (b) remove or obscure Avian Management Services Limited property rights notices; (c) alter, decompile, or dis-assemble the programs supplied in object code form; (d) use the SOFTWARE on any website or server-based system or on more than one workstation of a multi-user server computer except insofar as a separate license has been purchased in respect of each user.
Property Rights
The licensee does not become the owner of the materials supplied pursuant to this agreement. These materials are protected by copyright, trade secrets and trademark law. Unauthorised copying of the SOFTWARE, including SOFTWARE which has been modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this License. Subject to the restrictions above, and if the SOFTWARE is not copy-protected, you may make one (1) copy of the SOFTWARE solely for back-up purposes. You must reproduce and include the copyright notice on the backup copy.
Non-disclosure
Licensee acknowledges that the software contains valuable copyright, trade secrets and other intellectual and proprietary information and remains the property of Avian Management Services Limited. Licensee agrees not to disclose or make available such information to any person for any purpose other than is necessary for Licensee’s use as authorised by the license. Licensee agrees to use their reasonable best efforts to protect the materials from unauthorised reproduction, distribution, disclosure, use or publication.
Support and Maintenance Subscriptions
Avian Management Services Limited will undertake to supply support and maintenance subject to the purchase of an annual Software Support and Maintenance Subscription. In all cases, if the SOFTWARE has been supplied by a dealer, the licensee shall in the first instance contact that dealer for support and maintenance. The support and maintenance service purchased separately by you and supplied by Avian Management Services Limited will include; (a) access to support staff via the Avian Management Services Limited support ticketing system during normal office hours for the purpose of resolving difficulties encountered in the use of Avian Management Services Limited software products. Assistance is provided on a ‘reasonable best effort’ basis, and may include the suggestion of short-term ‘workaround’ solutions, and/or the provision of modifications to the software or documentation as deemed appropriate by Avian Management Services Limited; (b) updates and enhancements to the SOFTWARE as and when released; (c) updates to documentation as and when released.
No Warranty and Limitation of Liability
THIS PROGRAM IS FURNISHED ‘AS IS’ WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AVIAN MANAGEMENT SERVICES LIMITED DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT IT IS FREE FROM ERRORS OR THAT ITS OPERATION WILL BE UNINTERRUPTED. IN NO EVENT WILL AVIAN MANAGEMENT SERVICES LIMITED BE LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS, OR OTHER DIRECT INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE THE AVIAN MANAGEMENT SERVICES LIMITED SOFTWARE. IN ANY EVENT, THE PARTIES HERETO AGREE THAT AVIAN MANAGEMENT SERVICES LIMITED ENTIRE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE PAID TO AVIAN MANAGEMENT SERVICES LIMITED BY LICENSEE.
Termination
This License is effective until terminated. The License will terminate automatically without notice from Avian Management Services Limited if you fail to comply with any provisions of this License. Upon termination you shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any.
Acknowledgement
LICENSEE ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THEY ALSO AGREE THAT THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS OF ANY KIND BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENSE.
Governing Law
This agreement shall be governed and construed in accordance with the laws of the United Kingdom and shall benefit Avian Management Services Limited, its successors and assigns.
Export Regulations
All Software, including technical data delivered under this License is subject to U.S. export control laws and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export or import Software.
Restricted Rights
The use, duplication or disclosure by the US Government of technical data, computer software and documentation, as specified in the license under which the computer software was procured, is subject to the restrictions as set forth in FAR 52.227-14(g) (2), FAR 52.227-19, DFARS 252.227-7015(b), and DFARS 227.7202-3(a) as applicable. Licensee may not provide Software or technical data to any third party, including the US Government, unless such third party accepts the same restrictions. Licensee is responsible for ensuring that proper notice is given to all such third parties and that the Software and technical data are properly marked.
