Bit Computing Timetrack 6.0.0

EULA - End User License Agreement

BIT COMPUTING TIMETRACK LICENSE AGREEMENT

IMPORTANT - PLEASE READ THE FOLLOWING CAREFULLY - USE OF THIS SOFTWARE CONSTITUTES ACCEPTANCE BY YOU OF THE TERMS SET OUT BELOW

1. Your right to use the Software (as hereinafter described) is governed by the terms of this License Agreement alone. If you use any of the Software supplied herewith, such action will constitute acceptance of these terms.

2. Bit Computing hereby grants to you a non-exclusive license (the "Trial License") to use the computer program on the machine-readable magnetic disc contained in the sealed package or supplied electronically. The Trial license has limited functionality. You may convert the Trial License to a fully functional license (the "User License") by paying Bit Computing the required license fee, on receipt of which you will receive a registration certificate which will constitute your license (on the terms herein contained) to use the Software for as many users as you purchased.

3. (1) The User License shall come into effect upon receipt of payment via the web site, or the first use by you of the Software whichever shall occur first, and the date on which the first such event occurs is hereinafter called "the Initial Effective Date".

(2) The User License shall remain in effect from the Initial Effective Date until terminated by you or terminated by Bit Computing forthwith by notice in writing to you if you are in breach of any of the terms of this License.

4. (1) All right, title and interest in the copyright in the Software (including any adaptations or copies) are the sole and exclusive property of Bit Computing. Only the User License is purchased by you.

(2) Your registration certificate constitutes confidential information and you undertake not to disclose such information to any person except to those licensed to use the Software and who undertake to maintain the confidentiality thereof.

(3) You agree not to translate, adapt, modify, disassemble, decompile, reverse engineer or create derivative works based on the Software.

5. (1) Bit Computing Timetrack is licensed to an individual or an organization.

(2) Individual license:

This User License and/or trial license is personal to you and may not be transferred or assigned. Your registration certificate and the Software may be used only by you, and you shall not part with possession of any part of the Software to a third party.

(3) Organizational license:

This User License and/or trial license is only for the use of a specified number of 'seats' in your organization and may not be transferred or assigned to another organization. Each time an individual uses the organizational license they are using one of the 'seats'. A 'seat' can be reassigned from one individual to another up to once every 6 months. Your registration certificate and the Software may be used only by your organization, and you shall not part with possession of any part of the Software to a third party.

6. (1) Bit Computing hereby warrants that the Software is capable of performing the functions described in the user manual and that the disc or discs upon which the Software is provided will, at the time of delivery to you, be free from defects in materials or workmanship which could prevent the loading of the Software into defect-free compatible computers. Such discs are not warranted for non-compatible systems and the Software is not warranted to be bug free. If the Software shall prove to be incapable of performing the aforesaid functions, or if such disc or discs shall be defective so as to prevent the loading of the Software as aforesaid, Bit Computing or, if you purchased the software from an authorised dealer, the dealer from whom you purchased the Software shall (at its option), provided that the fault is notified to Bit Computing or the authorised dealer, as the case may be, within 21 days of delivery to you, as your sole remedy either replace the defective item or refund to you the purchase price paid by you to Bit Computing or the authorised dealer from whom you purchased the Software as the case may be.

(2) The foregoing warranties are in lieu of all other warranties on the part of Bit Computing either express or implied, statutory or otherwise as to any matter whatsoever arising in connection with the Software, including, without limitation, the condition of the Software or its fitness for any particular purpose, all of which are hereby expressly excluded. No oral or written information or advice given by Bit Computing, its distributors, agents, dealers or employees shall create a warranty or representation or in any way increase the scope of the above limited warranties.

(3) Bit Computing shall not be liable for any consequential, incidental or indirect loss arising in connection with the Software. In any event the total liability of Bit Computing to you howsoever arising in connection with this Single User License and/or trial license or the Software shall not exceed a sum equal to the Bit Computing recommended selling price at the time of your purchase of the Software giving rise to the liability in question.

(4) In certain jurisdictions your statutory rights cannot be lawfully modified or excluded. In those territories the above warranties and limitations shall have effect only so far as permitted by the applicable laws.

7. Upon purchase of the Software you grant us permission list your organization as a customer on our website, unless you specifically instruct us to the contrary. If you ask us to remove the name of your organization, we will do so within 2 working days of receiving your instruction.

8. (1) This User License and/or trial license constitutes the entire agreement between Bit Computing and you regarding the use by you of the Software and may not be altered except in writing signed by both parties. Failure by Bit Computing to enforce any of its rights hereunder shall not be or be deemed to be a waiver thereof.

(2) This User License and/or trial license shall be governed by and construed in accordance with the laws of Singapore and the courts of Singapore shall have non-exclusive jurisdiction to determine any disputes, which may arise out of, under, or in connection with this Agreement.