Software License Agreement

 

This is a Licensing Agreement between you, the end user of the WinScry Remote Monitoring Software (hereafter referred to as software), and HERMETECH INTERNATIONAL LTD (a division of TransWorld Scribes Ltd). Please read this document carefully. In case you do not agree with the said terms and conditions, immediately stop using this software.  You may get a refund of the subscription fee paid within 30 days from the date the subscription was purchased as long as you comply with all requirements outlined in section 6 below.

 

1. Grant. HERMETECH INTERNATIONAL LTD., subject to the terms and conditions of this Licensing Agreement, hereby grants you a nonexclusive, nontransferable right and license during the term of this Agreement to use software by HERMETECH INTERNATIONAL LTD. for as long as you abide by the provisions stipulated herein. The term of your license is based on the amount of the licensing fee paid based on the then-current price list of HERMETECH INTERNATIONAL LTD.. The software may include functionality that will render it inoperational upon expiration of your license subscription.

 

2. Copyright. The software specified in this Licensing Agreement is and will be the sole property of HERMETECH INTERNATIONAL LTD. It is subject to copyright and as such is protected to the fullest extent allowable by law.

 

3. Use Limitations. You may not use the software in any way which threatens or violates the owner's copyright. That includes making copies (with the exception of backup copies), reproducing, modifying, decompiling, reverse engineering, disassembling or making derivative products of the software or decoding it in any other way. All rights not expressly granted are reserved.

 

4. Transferability. This subscription license is granted to the purchaser and as such does not permit you to sell, lend, assign, lease or transfer ownership of your license or any copy of the software except as outlined in this EULA without the express written permission of HermeTech International Ltd. with one sole exception. Licenses may in the course of business be resold or reassigned by the purchaser to their customers as needed if bundled as part of a larger application or system developed and marketed by the purchaser.

 

5. Limited Warranty. HERMETECH INTERNATIONAL LTD. guarantees that the software will correspond in general terms to the description given in the user documentation for 30 days from the date the product was purchased. HERMETECH INTERNATIONAL LTD. does not warrant that the software will operate without interruptions or be bug-free. The warranty stated above is the only warranty given and replaces all other warranties, regardless of whether express or implied, including implied warranties of commercial aptitude and fitness for a specific purpose. In case you make a warranty claim within the 30-day warranty period, the liability of HERMETECH INTERNATIONAL LTD. is limited to replacing the product or refunding you the licensing fee paid.

 

6. Money back guarantee. HERMETECH INTERNATIONAL LTD provides all customers the ability to try products out before they purchase them. If you determine that the software does not meet your requirements or does not function in accordance with the product documentation, you may return it to HERMETECH INTERNATIONAL LTD. within 30 days of the date of its purchase for a full refund of the licensing fee. To be eligible all copies of the software installed on computers/servers or stored on your hard disk or otherwise archived must be destroyed, the software must be uninstalled, and the original package must be returned (if applicable).

 

7. Limitation of Liability. In no event shall HERMETECH INTERNATIONAL LTD. neither HERMETECH INTERNATIONAL LTD.'s partner be liable for any consequential or special damages or lost profits, including, without limitation, consequential or special damages for work stoppage or loss of work product data caused by the use or inability to use this software, even if HERMETECH INTERNATIONAL LTD. has been advised of the possibility or such damages or losses. By using the software, you agree that HERMETECH INTERNATIONAL LTD.'s liability for damages caused by the use or inability to use this software is governed by the Business Code of  New Zealand. In case you suffer any damages for which HERMETECH INTERNATIONAL LTD. is liable to compensate you or in cases where the jurisdiction of a specific country does not permit limiting liability as far as compensation for damages, the contracting parties have agreed that a conventional fine in the amount of the subscription license fee paid for the software will be assessed by you. This fine is inclusive of any and all compensation for damages caused.

 

8. End User Support. End user "ad-hoc" support via email or telephone is free for all HERMETECH INTERNATIONAL LTD products unless otherwise specified in any signed addendum to this license.

 

9. Responsibility for Software Updates. In order to ensure that the software functions properly, HERMETECH INTERNATIONAL LTD. publishes updates to this software on its web pages. These updates improve the workings of the software, or remove any bugs. The user is responsible for proper configuration of the software updating process to provide for the highest possible level of functional reliability.

 

10. Customer Privacy. HERMETECH INTERNATIONAL LTD will take every reasonable effort to maintain customer confidentiality and will not reveal any customer information to any 3rd party, including but not limited to, press releases, announcements, testimonials, website  posting, or social media postings without the customer's express consent.