LYQUIDITY SOLUTIONS LIMITED End-User Licence Agreement (EULA)
This is a legal agreement between you (an individual or an entity), the end-user, and LYQUIDITY SOLUTIONS. By running this software, you agree to the terms and conditions set forth below. If you do not agree to the terms of this Agreement, promptly discontinue the installation or use of this software product.
Licence
The Software product is licensed, not sold.
1. Grant of Licence.
This EULA permits you to use one copy of the LYQUIDITY SOLUTIONS software product ("Software") on any single computer, provided the Software is in use on only one computer at a 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" in a computer when it is loaded into the temporary memory (i.e. RAM) or is installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of that computer. However a copy installed on a network server for the sole purpose of distribution to other computers is not "in use".
The software may be executed from a common disk shared by multiple computers provided that one authorized copy of Software has been licensed for each computer executing the Software. 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. If such persons authorisation to use such a computer ceases for any reason (e.g., termination of employment) then such person's authority to use the Software on a portable and home computer shall also cease.
2. Copyright.
The Software is owned by LYQUIDITY SOLUTIONS and is protected by United Kingdom and European Union copyright laws and international treaty provisions. Therefore you must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the Software solely for backup archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original copy solely for backup or archival purposes.
3. Description of other Rights, Restrictions and Limitations.
This Licence is your proof of license to exercise the rights, granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this licence on a permanent basis provided that you transfer this licence, the Software and all accompanying written materials, you retain no copies, and the recipient agrees to the terms of this Licence.
You may not decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not modify the software in any way that would allow you or someone else to circumvent the Licensing system used in the Software. If the Software is an update or upgrade, any transfer must include the update or upgrade and all prior versions.
4. Multiple Media Software.
If the Software is provided to you on multiple media (e.g. 3.5" disks 5.25" disks and CD-ROM), or you download additional copies of the Software electronically such as from the LYQUIDITY SOLUTIONS LIMITED Web Site (or the Web Site of one of its distributors) then you may only use only the media appropriate for your single designated computer or network server. You may not use the other media on another computer or computer network, or loan, rent, lease, or transfer them to another user except as part of a transfer or other use expressly permitted by this licence.
5. Pre-release code
The Software may contain PRERELEASE CODE that is not at the level of performance and compatibility of the final, generally available, product offering. These portions of the Software may not operate correctly and may be substantially modified prior to first commercial shipment. LYQUIDITY SOLUTIONS is not obligated to make this or any later version of the Software commercially available.
When installing pre-release code YOU AGREE THAT THE PRE-RELEASE VERSION OF THE SOFTWARE AND INFORMATION ABOUT THE PRE-LEASE SOFTWARE, ITS FEATURES AND CAPABILITIES IS CONFIDENTIAL TO LYQUIDITY SOLUTIONS LIMITED AND WILL NOT BE DISCLOSED TO THIRD PARTIES BY YOU OR, IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ORGANISATION, YOUR ORGANISATION, save to the extent that information is already in the public domain, without written agreement from LYQUIDITY SOLUTIONS LIMITED.6. Upgrades
If the Software is an upgrade from another product, whether from LYQUIDITY SOLUTIONS LIMITED or another supplier, you may use or transfer the Software only in conjunction with that upgraded product, unless you destroy the upgraded product. If the Software is an upgrade of a LYQUIDITY SOLUTIONS product, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
Limited Warranty
LYQUIDITY SOLUTIONS warrants that the Software will perform substantially with the accompanying written materials and will be free from defects in materials and Workmanship under normal use and service for a period of ninety (90) days from the date of receipt. This limited warranty gives you specific legal rights. If you have purchased a Licence to the software outside the United Kingdom you may have other rights.
Customer Remedies
The entire liability of LYQUIDITY SOLUTIONS and your exclusive remedy shall be repair or replacement of the Software that does not meet LYQUIDITY SOLUTIONSs Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication or failure of the computing environment in which the Software is used. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Some of these remedies and product support services offered by LYQUIDITY SOLUTIONS may not be available outside the United Kingdom.
No Other Warranties
LYQUIDITY SOLUTIONS disclaims all other warranties, either express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials and any accompanying hardware. This limited warranty gives you specific legal rights. If you have purchased a Licence to the software outside the United Kingdom you may have other rights.
No Liability for Consequential Damages
In no event shall LYQUIDITY SOLUTIONS LIMITED or its suppliers be liable for any special, incidental, indirect, or consequential 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 or inability to use this LYQUIDITY SOLUTIONS product, even if LYQUIDITY SOLUTIONS LIMITED has been advised of the possibility of such damages.
Limited Licence Keys
To protect its software rights, LYQUIDITY SOLUTIONS may require that licence keys are tied to the serial number of a hardware device such as, but not limited to, a CPU, disk-drive or USB memory stick. Once a licence key is tied to the serial number of a hardware device it cannot be revoked because the company has no way to determine if the serial number of the hardware device that is entered by a user is right or wrong.
LYQUIDITY SOLUTIONS recognises that it is possible that a user may enter a serial number incorrectly. To provide a user with a reasonable certainty of being able to use the licence they purchase, each purchase will permit the generation of up to 5 licence keys. However when these licence keys are exhausted, no further licences will be provided under any circumstances.
No Refund for Software purchases
Because LYQUIDITY SOLUTIONS offers a 30-day trial period during which the software is unrestricted and can be fully evaluated, and because it is not possible to verify that software for which a licence key has been generated will not be used Lyquidity will not normally provide refunds.
Refunds may be provided if:
a) No licence key have been generated by the purchaser;
b) The USB memory stick or USB memory stick for which licence keys have been generated are returned in good condition.
Patents
Although LYQUIDITY SOLUTIONS has tried to ensure that the software does not use techniques, algorithms, methods and any other practices which are subject to a patent that requires the technique, algorithm, method or any other practice to be licensed, because of the number of egregious patents being issued LYQUIDITY SOLUTIONS cannot be sure that someone will be granted a patent on a technique, algorithm, method or any other practice used by the Software. As a result, LYQUIDITY SOLUTIONS does not offer the licensee any protection in the event of a challenge to the licensee by the holder of patent for the use of a technique, algorithm, method or any other practices by the Software.
If the licensee chooses to cease use of the software in the face of any such challenge, LYQUIDITY SOLUTIONS will not be responsible for any refund or damages. However, if LYQUIDITY SOLUTIONS is notified by the licensee of a challenge from a patent holder LYQUIDITY SOLUTIONS will use best endeavours to provide a replacement version of the Software that does not breach the claimed patent.
General Provision
Licensee shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by Licensee of this Agreement, she/he shall be liable for all damages to LYQUIDITY SOLUTIONS LIMITED, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred.
U.S. Government Restricted Rights
The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in
subparagraph (c) (1), (2) and (3) (ii) of the Rights in Technical Data and Computer Software clause as DFARS 252.227-7013 or subparagraphs (c) (1), (2) and (3) of the
Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19 as applicable. Contractor/manufacturer is LYQUIDITY SOLUTIONS LIMITED, PO Box 504, New Malden, Surrey, KT3 9FP, UK.
The laws of the England and Wales govern this agreement. For more information about LYQUIDITY SOLUTIONSs licensing policies, please call LYQUIDITY SOLUTIONS Customer Service at +44 207.043.2777 or write to:
LYQUIDITY SOLUTIONS Limited
PO Box 504
New Malden
Surrey KT3 9FP
United Kingdom