End-User License Agreement

“Computer” means a desktop, notebook, netbook or similar computer owned by and in the control of the Licensee;

“Effective Date” means the date when the Licensee agrees to the terms and conditions of this EULA, as detailed in the preamble to this EULA;

“EULA” means this end-user license agreement (including the preamble), and any amendments to it from time to time;

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

“Licensee” means the licensee of the Software under this EULA;

“Licensor” means SHARKSOFT, including our owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns;

“Software” means the software that accompanies this EULA including following the application of any Upgrade; and

“Upgrade” an upgrade, update, enhancement, improvement or patch to the Software supplied by the Licensor.

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

(a) download the Software;

(b) install the Software on any number of Computers.

(a) copy or reproduce the Software or any part of the Software other than in accordance with the license granted in this Clause 3;

(b) sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the Software or any part of the Software;

(c) modify, alter, adapt, translate or edit, or create derivative works of, the Software or any part of the Software;

(d) reverse engineer, decompile, disassemble the Software  or any part of the Software;

(e) circumvent or remove or attempt to circumvent or remove the technological measures applied to the Software for the purposes of preventing unauthorized use, providing that nothing in this Clause 3.3 will prohibit or restrict the Licensee or any other person from doing any act expressly permitted by applicable law.

(a) the Licensor’s obligation under Clause 6.1 is subject to such limits (as to time spent in relation to an issue and in relation to the Licensee in aggregate) as the Licensor may determine from time to time;

(b) the Licensor’s sole obligation under Clause 6.1 is to make reasonable endeavors to resolve issues raised by the Licensee;

(c) the Licensor does not warrant or represent that issues raised will be solved by means of the support services; and

(d) the Licensor will not provide any on-site support under this EULA.

(a) that it has the legal right and authority to enter into and perform its obligations under this EULA;

(b) that the use of the Software by the Licensee in accordance with the terms of this EULA will not infringe the Intellectual Property Rights of any third party;

(a) the Software may not be error-free and that non-material errors in the software will not constitute a breach of this EULA;

(b) the Software has not been developed to meet the specific requirements of the Licensee, and accordingly the Licensee will be responsible for ensuring that the Software is suitable to meet the Licensee’s requirements.

(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;

(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;

(c) limit any liability of a party in any way that is not permitted under applicable law; or

(d) exclude any liability of a party that may not be excluded under applicable law, and, if you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the EULA.

(a) are subject to Clause 8.1; and

(b) govern all liabilities arising under the EULA or in relation to the subject matter of the EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

(a) the Licensee breaches any provision of this EULA;

(b) the Licensee: (i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(c) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Licensee;

(d) an order is made for the winding up of the Licensee, or the Licensee passes a resolution for its winding up; or

(e) the Licensee dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.