End-User Software Licence Agreement.
You should carefully read these terms and conditions before installing the 'Software'. This is a licence 'Agreement' between you and EnginExcel. By installing the 'Software', you acknowledge that you have read and accept the following terms and conditions. If you do not agree and do not want to be bound by such terms and conditions, promptly return the 'Software' to EnginExcel.
1. Licence Grant: EnginExcel grants to you (either an individual or entity) a nonexclusive licence to use one or multiple copies of the 'Software' solely for your own personal or business purposes on a computer (whether a standard computer or a workstation component of a multi-user network). The 'Software' is in use on a computer when it is loaded into temporary memory (RAM) or installed into permenant memory (hard disk, CD-ROM, or other storage device). EnginExcel reserves all rights not expressly granted herein.
2. Ownership: EnginExcel is the owner of all right, title and interest, including copyright and intellectual property, in and to the compilation of the 'Software' recorded on the disk(s) or other installation media (CD-ROM, self-install files). Copyright to the individual programs is owned by EnginExcel. Ownership of the 'Software' and all proprietary rights relating thereto remain with EnginExcel and its licensers.
3. Restrictions on Use and Transfer: (a) You may only (i) make one copy of the 'Software' for backup or archival purposes, or (ii) transfer the 'Software' to a single hard disk, provided that you keep the original for backup or archival purposes. You may not (i) rent or lease the 'Software', (ii) copy or reproduce the 'Software' through a LAN or other network system or through any computer subscriber system or bulletin-board system, or (iii) modify, adapt, or create derivative works based on the 'Software'. (b) You may not reverse engineer, decompile, or disassemble the 'Software'. You may transfer the 'Software' and user documentation on a permenant basis, provided that the transferee agrees to accept the terms and conditions of this 'Agreement' and you retain no copies. If the 'Software' is an update or has been updated, any transfer must include the most recent update and all prior versions.
4. Restrictions on Use of Individual Programs: You must follow the individual requirements and restrictions detailed for each individual program. These limitations are also contained in the individual licence agreements recorded with the 'Software'. These limitations may include a requirement that after using the program for a specified period of time, the user must pay a registration fee or discontinue use. By installing this 'Software', you will be agreeing to abide by the licences and restrictions for these individual programs that are detailed in the 'Software'.
5. Limited Warranty: (a) EnginExcel warrants that the 'Software' are free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of purchase. If EnginExcel receives notification within the warranty period of defects in materials or workmanship, EnginExcel will replace the defective 'Software'. (b) EnginExcel disclaims all other warranties, express or implied, including without limitation implied warranties or merchantability and fitness for a particular purpose, with respect to the 'Software', the programs, the source code contained therein, and/or the techniques described in this book. EnginExcel does not warrant that the functions contained in the 'Software' will meet your requirements or that the operation of the 'Software' will be error free. (c) This limited warranty gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
6. Delivery terms: The Purchaser acknowledges and agrees that delivery of all Shop Items is performed by virtual means. The Purchaser agrees and acknowledges that the Company requires at least 2 (two) working days to transmit an order of a Shop Item once payment has been received unless agreed otherwise. The Company endeavours at all times to communicate delivery times as accurately as possible. Times are, however, often subject change due to circumstances beyond the Company’s control. Any change in delivery times will, wherever possible, be communicated to the Purchaser. The Company will not be held responsible for any delays or misinformation caused by the Company’s suppliers. From time to time, Shop Items or means to access Shop Items may be rejected by an end server or diverted into a “junk mailbox”. The Company bears no responsibility to the Purchaser for any Shop Items which are not received as a result of these circumstances. Any issues relating and/or incidental to delivery of the shop items (including but not limited to the shop items received differing from those which were ordered, incorrect quantities, damaged and/or defective goods), must be communicated to the company in writing within 5 (five) days of receipt the shop items by the client. The company will not be held liable if issues are not communicated within this specified time frame and, in this instance, the order will be deemed to be successfully completed. The purchaser is entitled to a reflection period (approval period) of 14 calendar days. The reflection period starts from the moment the customer has received the product. The purchaser has the right to cancel the purchase during those 14 days. This reflection period is not applicable if the purchaser is a businesses (B2B) or if the product has been customised for the purchaser.
7. Remedies: (a) EnginExcel’s entire liability and your exclusive remedy for defects in materials and workmanship shall be limited to replacement of the 'Software', which may be returned to EnginExcel 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 thirty (30) days. (b) In no event shall EnginExcel be liable for any damages whatsoever (including within limitation damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising from the use of or inability to use the 'Software', even if EnginExcel has been advised of the possibility of such damages.
8. General: This 'Agreement' constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in writing signed by both parties hereto that specifically refers to this 'Agreement'. This 'Agreement' shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this 'Agreement' are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect.
9. Data Accuracy: Price and other data displayed is sourced from information websites. The price data will be at best 20 minutes delayed or the last close price if the market is closed. The data is provided for information only and should not be used as the basis for trading. EnginExcel accept no liability for errors and/or delays in data or for transactions carried out on the basis thereof.
Agreement : All terms and conditions listed will form the basis of the software licence that is offered to the 'End-User'.
Software : All files and documentation provided for the installation of the product. This may include self-installing executable files, workbooks and text files.
End-User : The user that installs the 'Software' for use and accepts the 'Agreement'.
Purchaser: A person who purchases Shop Items on the Website.