By downloading any of these files you are accepting the HumanEdj End User License Agreement (click to view).
HumanEdj End User License Agreement
(A) This is a contract between the Licensee and ROLE MODELLERS LTD ("Role Modellers"), a company incorporated in the United Kingdom with registration number 2530065.
(B) The contract is for the use by the Licensee of Role Modellers' HumanEdj software.
(C) By indicating their acceptance below, the Licensee accepts all the terms and conditions of this agreement.
(D) If the Licensee does not indicate their acceptance below, they will not be able to use the HumanEdj software.
NOW IT IS HEREBY AGREED as follows:
1 Definitions
In this End User License Agreement, unless the context otherwise requires, the following expressions have the following meanings:
"this Agreement" means this End User License Agreement
"the Licensed Software" means
(A) all of the contents of the disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to
(i) Role Modellers or third party software;
(ii) logos, fonts, digital images, photographs, clip art or other artistic works ("Images"); and
(iii) related explanatory written materials ("Documentation"); and
(B) upgrades, modified versions, updates, additions, and copies of the Licensed Software, if any, released by Role Modellers up to and including one calendar year of the date of this Agreement (collectively, "Updates").
2 Agreement
(1) This Agreement sets forth the terms and conditions under which the Licensee is licensed to use the Licensed Software.
(2) This is a license agreement and not an agreement for sale.
(3) Role Modellers continues to own the copy of the Licensed Software and the physical media contained in this package and any other copy that the Licensee is authorised to make pursuant to this Agreement.
3 Use of the Licensed Software
Role Modellers grants to the Licensee a non-exclusive license to use the Licensed Software, provided that they agree to the following terms and conditions:
(1) The Licensee may install the Licensed Software onto a hard disk for their own personal use only - the right to install the Licensed Software for use by other people is not granted by this license.
(2) The Licensee may not display, reproduce or distribute any of the Images included with the Licensed Software except during normal use of the Licensed Software. In particular, the Licensee may not distribute the Images on a stand-alone basis, i.e., in circumstances in which the Images constitute the primary value of the product being distributed. The Licensee may not register or claim any trademark rights in the Images or derivative works thereof.
4 Copyright
(1) The Software and any copies that the Licensee makes are the intellectual property of and are owned by Role Modellers and its suppliers.
(2) The structure, organization and code of the Licensed Software are the valuable trade secrets and confidential information of Role Modellers and its suppliers.
(3) The Software is protected by United Kingdom Copyright Law, international treaty provisions, and applicable laws of the country in which it is being used.
(4) The Licensee must treat the Licensed Software just as they would any other copyrighted material, such as a book. They may not copy the Licensed Software, except as set forth in Clause 3 ("Use of the Licensed Software").
(5) Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Licensed Software.
(6) The Licensee agrees not to modify, adapt or translate the Licensed Software except as may expressly be permitted under the Council Directive of 14 May 1991 on the Legal Protection of Computer Programs ("the Directive") or by written permission of Role Modellers. The Licensee also agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Licensed Software except as may expressly be permitted under the Directive or by written permission of Role Modellers. For the avoidance of doubt, in the event of any inconsistency between the Directive and any UK legislation the terms of the Directive shall prevail. Please note that the Licensee may not decompile the Licensed Software unless it is essential to do so in order to achieve operability of the Licensed Software with another software program and the Licensee has first requested Role Modellers to provide the information necessary to achieve such operability. Role Modellers has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Role Modellers or obtained by the Licensee, as permitted hereunder, may only be used by the Licensee for the purpose stated in the Directive and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Licensed Software.
(7) Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Licensed Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
(8) Except as stated above, this Agreement does not grant the Licensee any intellectual property rights in the Licensed Software.
5 Transfer
The Licensee may not rent, lease, sublicense or lend the Licensed Software. The Licensee may, however, transfer all their rights to use the Licensed Software to another person or legal entity provided that:
(1) the Licensee transfers this Agreement, the Licensed Software, including all copies, Updates and prior versions to such person or entity; and
(2) the Licensee retains no copies, including copies stored on a computer; and
(3) the receiving party accepts the terms and conditions of this Agreement.
6 Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies / Updates
(1) The Licensee may not rent, lease, sublicense, lend or transfer versions or copies of the Licensed Software that the Licensee does not use.
(2) If the Licensed Software is an Update to a previous version of the Licensed Software, the Licensee must possess a valid license to such previous version in order to use the Update and the Licensee may use the previous version for ninety (90) days after they receive the Update in order to assist them in the transition to the Update. After such time the Licensee no longer has a license to use the previous version, except for the sole purpose of enabling them to install the Update.
7 Limited Warranty
(1) Role Modellers warrants to the Licensee that the Licensed Software will perform substantially in accordance with the Documentation for the ninety (90) day period following their receipt of the Licensed Software.
(2) To make a warranty claim, the Licensee must return the Licensed Software to the location where they obtained it along with proof of purchase within such ninety (90) day period.
(3) If the Licensed Software does not perform substantially in accordance with the Documentation, the entire liability of Role Modellers and the Licensee's exclusive remedy shall be limited to the refund of the license fee that the Licensee paid for the Licensed Software.
(4) Role Modellers and its suppliers do not and cannot warrant the performance or results the Licensee may obtain by using the software. The foregoing states the sole and exclusive remedies for Role Modellers' or its suppliers' breach of warranty. Except for the foregoing limited warranty, and for any warranty which cannot be excluded or limited by compulsory law in the united kingdom, Role Modellers and its suppliers make no warranties or conditions, express, implied or statutory, as to any other matters, including but not limited to non-infringement of third party rights, merchantability, satisfactory quality or fitness for any particular purpose. In no event will Role Modellers or its suppliers be liable to the Licensee for any damages whatsoever (including without limitation consequential, indirect, incidental, punitive or special damages, including any lost profits or lost savings) even if a Role Modellers representative has been advised of the possibility of such damages, or for any claim by any third party. Where liability cannot be legally excluded, but it may be limited, Role Modellers' liability and that of its suppliers shall be limited to the amount paid for the software.
(5) Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.
(6) Role Modellers is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in this Clause 5, but in no other respects and for no other purpose.
8 Governing Law and General Provisions
(1) This Agreement will be governed by and construed in accordance with the substantive laws of England whose courts shall have jurisdiction over all disputes relating to this Agreement.
(2) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
(3) The Licensee agrees that the Licensed Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any export laws, restrictions or regulations.
(4) This Agreement shall automatically terminate upon failure by the Licensee to comply with its terms, in which event the Licensee must destroy all copies of the Licensed Software.
(5) This shall not prejudice the statutory rights of any party dealing as a consumer.
(6) This Agreement may only be modified by a writing signed by an authorized officer of Role Modellers, although Role Modellers may vary the terms of this Agreement in connection with the licensing of any Updates to the Licensee.
(7) This is the entire agreement between Role Modellers and the Licensee relating to the Licensed Software and it supersedes any prior representations, discussions, undertakings, end user license agreements, communications or advertising relating to the Licensed Software.
9 Notice to U.S. Government End Users
The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users:
(A) only as Commercial Items; and
(B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
10 Unpublished Rights
Unpublished-rights reserved under the copyright laws of the United Kingdom by Role Modellers Ltd.
11 Compliance with Licenses
If the Licensee is a business or organization, the Licensee agrees that upon request from Role Modellers or Role Modellers' authorized representative, they will within thirty (30) days fully document and certify that their use of any and all Role Modellers software at the time of the request is in conformity with their valid licenses from Role Modellers.
12 Further Information
If the Licensee has any questions regarding this Agreement or if the Licensee wishes to request any information from Role Modellers Limited, they should email support.at.rolemodellers.dot.com.