Idon Thinking Resources Ltd
Licence Agreement and Limited Warranty  

This legal document is an agreement between you, the user, and Idon Thinking Resources Limited. you are agreeing to be bound by the terms of this agreement, which includes the Software Licence, Limited Warranty and Acknowledgement.

LICENCE AGREEMENT

Idon Thinking Resources specifically retains title to all its computer software. In order to preserve and protect its rights under applicable laws, Idon Thinking Resources does not sell any rights in the enclosed software. Rather, Idon Thinking Resources grants the right to use this software by means of a Software Licence under the following terms and conditions:

1. GRANT OF LICENCE - This Licence agreement permits you to use one copy of the Idon Thinking Resources product acquired with this Licence ("software") on any single computer, provided the Software is in use on only one computer at any time. If you have multiple Licences for the Software, then at any time you may have as many copies of the Software in use as you have Licences. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use". If the anticipated number of users of the Software will exceed the number of applicable Licences, then you must have a reasonable mechanism or process in place to assure that the number of persons using the Software concurrently does not exceed the number of Licences. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the Software on a portable or home computer.

2. COPYRIGHT - This Software is owned by Idon Thinking Resources and is protected by both United Kingdom copyright law and international copyright treaty provisions. Therefore, you must treat this Software like any other copyrighted material (e.g. a book), except that if the Software is not copy protected you may copy it onto a computer to be used, and you may make archival copies of the Software for back up purposes only provided that no more than three full or partial such copies are in existence at any time and that the original copyright notices are reproduced on each copy. You may not copy the Product manual(s) or written materials accompanying the Software.

3. TERM - This Licence agreement is effective from the date of the opening of the package containing the Licenced Software and shall remain in force until terminated. You may terminate this Licence Agreement at any time. This Licence Agreement will terminate without notice if you fail to observe any of the terms and conditions of the Licence Agreement. In the event of any termination of this Licence agreement you must return all complete and partial copies of the Licenced Software (including without limitation all copies of the documentation).

4. RESTRICTIONS - You may not rent or lease the Software, but you may transfer your rights under this Idon Software Licence Agreement on a permanent basis provided you transfer all copies of the software and all written materials, and the recipient agrees to the terms of this Agreement. Any transfer must include the most recent update and all prior versions.

You may not reverse engineer, decompile, modify, adapt, translate or disassemble the whole or any part of the Software.

You may not export or re-export the Software without any appropriate United Kingdom or foreign government licences.

LIMITED WARRANTY

LIMITED WARRANTY - Idon Thinking Resources warrants the diskette or other media containing the Licenced Software to be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase.

LIMITATION OF LIABILITY - Idon Thinking Resources entire liability and your exclusive remedy shall be, at Idon Thinking Resources option, either refund of the amount paid by you or repair or replacement of Software that does not meet Idon Thinking Resources Limited Warranty and which is returned to Idon Thinking Resources with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

The Software is not designed or supplied to be used in circumstances where personal injury or death or damage to property could result from any defect or error in the Software. Subject to the above notice Idon Software does not limit liability for personal injury or death arising from Idon Software's negligence.

To the maximum extent permitted by applicable law, Idon Thinking Resources shall not be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Idon Thinking Resources product, even if Idon Thinking Resources has been advised of the possibility of such damages. In any case, Idon Thinking Resources entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the Software.

Idon Thinking Resources does not make any kind of guarantee or warranty of increased performance or productivity as a result of using the Software, nor does Idon Thinking Resources take responsibility for actions and decisions taken as a result of the use of the Software .

Idon Thinking Resources specifically disclaims all other warranties, express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Specifically, Idon Thinking Resources makes no representation or warranty that the Software is fit for any particular purpose and any implied warranty of merchantability is limited to the ninety days duration of the limited warranty covering the physical diskette(s) and physical documentation only (and not the Software) and is otherwise expressly and specifically disclaimed.

This Limited Warranty gives you specific legal rights; you may have others which vary from country to country. Some countries do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.

GENERAL LAW AND GOVERNING PROVISIONS

This licence agreement shall be governed by the laws of Scotland . If any provision of this agreement is found to be void or unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the limited warranty shall remain in full force and effect. This agreement may only be modified in writing signed by you and an authorised officer of Idon Thinking Resources. All rights not specifically granted in this agreement are reserved by Idon Thinking Resources.

BY USING THE SOFTWARE FROM IDON THINKING RESOURCES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS LICENCE AND LIMITED WARRANTY, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LICENCE AND LIMITED WARRANTY ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENCE OR LIMITED WARRANTY.