Osirium PPA Express Terms and Conditions
BY PLACING AN ORDER FOR THE SOFTWARE YOU HEREBY AGREE TO THE OSIRIUM PPA EXPRESS TERMS BELOW. ALL ORDERS ARE SUBJECT TO APPROVAL AND ACCEPTANCE BY US, OSIRIUM LIMITED (a company incorporated in England & Wales with registered number 06736750 whose registered office is at One Central Square, Cardiff, CF101FS) ("OSIRIUM" "WE" or "US"), WHICH WE WILL CONFIRM BY EMAIL. THE OSIRIUM PPA EXPRESS TERMS COMPRISE THE ENTIRE AGREEMENT BETWEEN OSIRIUM AND YOU IN RELATION TO OSIRIUM PPA EXPRESS AND OVERRIDE ANY TERMS OF PURCHASE OR OTHER CUSTOMER TERMS
Osirium PPA Express Terms
Interpretation of these terms and the agreement between us
- These terms together with the EULA [click here to view EULA terms] included with the product apply to the support and licensing of Osirium PPA Express ("Software") and constitute the Osirium PPA Express Terms which comprise the agreement between us relating to the Software and related support.
- In the event of a conflict between these terms and the EULA these terms shall govern. References in the EULA to "this Licence" shall be deemed to include reference to these terms unless the context requires otherwise.
"Free of charge" acknowledgement
You acknowledge that the Software and related support are provided free of charge and accordingly agree that they are provided by Osirium "as is" without liability.
Consent to be included in customer data
Osirium reserves the right to include your Software order in its customer data and to include your name in its list of customers which it may make publicly available from time to time. By ordering the Software you acknowledge and agree to such data use.
- The Software is a limited functionality version of Osirium PPA software product provided free of charge – the functionality available is at Osirium's discretion and may be varied without notice during the period of this agreement. It may be used with a single user account and its use is limited to your internal business purposes and use by the company named by Osirium when it issues the relevant Software licence keys (and not other members of your group, if applicable). You agree to abide by these restrictions. If you require broader use rights, access to greater functionality or upgrades of the Software then these are available from us on payment of the applicable fees and subject to any additional terms that may apply.
- Provided you comply with the EULA and these terms your use of the Software is without limit of time subject to termination as set out in the EULA or should Osirium decide to withdraw the Software from the market.
- As the Software is provided free of charge our maintenance and support services in relation to the Software ("Services") are discretionary and limited to availability. Currently the Services comprise access to a telephone support desk during normal business hours. No assurances are given in relation to availability or response times.
- You agree to cooperate with us in our provision of the Services, to comply with Osirium's instructions from time to time in relation to your access and use of the Services, and to only use the Services in relation to bona fide support issues.
- The Services are provided "as is" without any warranties and any implied terms in relation to the Software and the Services are hereby excluded to the fullest extent permitted by law.
- Osirium and each member of its group has no liability in relation to the provision of software and services provided free of charge whether this liability arises due to negligence, breach of contract, breach of statutory duty or otherwise; where greater functionality or upgrades of the Software and/or additional services are provided on a fees paid basis then our liability is capped at the value of the fees paid in relation to the product or service in question.
- In any event neither Osirium nor any other member of its group shall have any liability for loss of profit, loss of business, loss of revenue, loss of goodwill or any consequential, indirect or special loss or damage.
- Provided that nothing in these terms and the EULA shall operate to limit or exclude liability for fraud, or for death or personal injury caused by Osirium's or its group's negligence.