Myriad Optima Ltd. Software Product
‘The Battle Baton – ICE Data Manager’
End-User Legal Agreement
This ‘End-User Agreement’, is a legal contract on behalf of Myriad Optima Ltd. for their Software Product(s) which includes “The Battle Baton – ICE Data Manager” online application and may include associated media, printed materials, and ‘on-line’ or electronic documentation. These are collectively termed the ''M.O. Software Product".
Where appropriate ‘End User Legal Agreement’ will hereafter be referred to as (EULA). By accepting this agreement for the designated BCP site you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the ‘M.O. Software Product’. You represent and warrant to Myriad Optima Ltd. that you have both the capacity and authority to enter into this Agreement.
Copyright. The ‘M.O. Software Product’ is protected by copyright laws and intimations copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights for and in regard to the ‘M.O. Software Product’ (including but not limited to any associated images, photographs, animations, video, audio, music, text, and ''applets'' incorporated into the Software Product) are owned by Myriad Optima Ltd.
Grant of Individual Licence. The ‘M.O. Software Product’ is licensed and not sold. It is subject to the condition that whoever has purchased the licence is in compliance with the terms of this EULA. And with regard to the above, an individual ‘Software Product Licence’ is for use with one ‘Business Continuity Site’, pre-assigned during the online registration process.
Grant of Multiple Licences: The ‘M.O. Software Product’ is licensed and not sold. It is subject to the condition that whoever has purchased the multi-site licence is in compliance with the terms of this EULA. And with regard to the above, a multi-site ‘Software Product Licence’ is for use by one company or organization with multiple sites or premises covered by a single agreement and assigned during the online registration process.
Limitations. Except to the extent such a restriction is unenforceable under local law, you may not reverse engineer, decompile, disassemble, or attempt to ‘hack’ the ‘M.O. Software Product’. This software product is licensed as a single product, and its component parts may not be separated for use under any other circumstances than business continuity for the licenced BC site. You may not modify, amend or create derivative works of the Software Product. You may not copy any part of the ‘M.O. Software Product’.
Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Myriad Optima Ltd. 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 any other pecuniary loss) arising out of the use of or inability to use the ‘M.O. Software Product’, even if Myriad Optima Ltd. has been advised of the possibility of such damages. In any event, Myriad Optima Ltd. sole and entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the ‘M.O. Software Product’.
Transfer. The ‘M.O. Software Product’ is Non-Transferable
Site Licences. This EULA shall simultaneously govern your license to the Software Product.
General. This EULA constitutes the entire agreement between you and Myriad Optima Ltd. concerning the Software Product. No terms of any purchase order, acceptance, purported amendment, or any document or communication other than an agreement expressly agreed upon in writing by a duly authorized officer of Myriad Optima Ltd. shall replace, modify, amend or override this EULA. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. No waiver by Myriad Optima Ltd. relating to any breach of any term, or provision of this EULA shall be considered to be and accepted as a waiver of any preceding or succeeding breach of the same, or any other term or provision hereof. Our various rights and remedies hereunder shall be construed to be cumulative and not one of them is exclusive of any other, or of any right or remedy allowed by law or in equity. Any claim or dispute between you and Myriad Optima Ltd. or against any agent, employee, successor or assignee of Myriad Optima Ltd., whether related to this Agreement or otherwise, and any claim or dispute related to this Agreement or the relationship or duties contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration. Should you have any questions concerning this EULA please contact Myriad Optima Ltd.
Cancellation: You may cancel your order for any reason within thirty days following the date of invoice.
Customer Service. Myriad Optima customer services can be contacted via any of the three methods listed below. Myriad Optima will endeavour to provide effective response within 5 mins by telephone and 1 hour by email during the standard working hours of 9:00am-5:30pm Monday to Friday, and within 3 working days if in writing.
Please write to:
Myriad Optima Ltd.
3 Chiltern Works,
Chiltern Drive,
Surbiton,
Surrey
KT5 8LS
Tel: 0800 04 09 707
E-mail: customers@myriadoptima.com |