Student Pack Licence Terms and Conditions

This document forms a Licence Agreement between you (the purchaser) and the WinEcon Consortium covering your use of the WinEcon program ("WinEcon") and any related documentation and data the WinEcon Consortium may provide to you from time to time.

By downloading and installing the WinEcon Student Pack you accept the terms and conditions of the licence. The terms covering your use of the WinEcon Student Pack are shown below.

Please read these terms and make sure you understand them before downloading and installing the WinEcon software.

1 LICENCE

Under this Agreement you acquire a non-exclusive, non-transferable, non-renewable two year licence to use the WinEcon Student Pack software on the terms of this Agreement.

2 OWNERSHIP

The WinEcon Consortium retains all the intellectual property and other ownership rights in WinEcon, including but not limited to the Software, web-linking and customisation features, and all copyrighted content.

3 DELIVERY AND INSTALLATION

On receipt of your purchase confirmation details, the WinEcon Consortium will provide download instructions for the delivery of the WinEcon software and licence access codes as appropriate. You will be responsible for installing and licensing WinEcon on your equipment in accordance with the instructions provided by the WinEcon Consortium. Licence codes or passwords WILL NOT be re-issued or reset if you fail to install or license your software correctly. If you have to re-install the software for whatever reason, the licence will become null and void; your original licence will not be re-issued so you would need to buy a new licence.

If you wish to buy a perpetual licence which includes full Technical Support, please see details for the full priced Single User Versions.

The Date of Sale is the date of this Agreement.

4 YOUR OBLIGATIONS

You MUST:

(a) use WinEcon strictly in accordance with the terms and conditions of this Agreement and in accordance with any documentation, procedures, instructions and guidelines issued by the WinEcon Consortium;

(b) use WinEcon only for your own business or educational purposes, unless approved by the WinEcon Consortium in writing;

(c) keep WinEcon and all information, data, drawings, specifications, coding and material which relate to it confidential and secure;

(f) take all reasonable steps to prevent a breach of this Agreement; and

(g) immediately notify the WinEcon Consortium if you become aware of any breach or potential breach of this Agreement.

You MUST NOT:

(h) remove or alter any existing copyright, trade mark or proprietary notice in, on or attached to WinEcon and you must ensure that all copyright, trade mark and proprietary notices in, on or attached to WinEcon are reproduced on any copies or materials derived from any of WinEcon which you may make or receive;

(i) without the prior written consent of the WinEcon Consortium copy, reproduce or translate WinEcon or any part of WinEcon or do any act which infringes the copyright in WinEcon;

(j) create a derivative work from WinEcon by any means;

(k) use or install WinEcon onto computer equipment which is not under your control. Note that the WinEcon Consortium reserves the right to charge an additional fee in such instances;

(l) cause or permit any unauthorised act in relation to WinEcon to occur.

5 UPGRADES TO WINECON

From time to time, the WinEcon Consortium may issue Upgrades of WinEcon which may be offered to you under the terms of this Agreement. Such Upgrades would form part of WinEcon for the purposes of this Agreement and would be subject to the terms and conditions of this Agreement as if they formed part of the original WinEcon.

6 NEW VERSIONS OF WINECON

From time to time, the WinEcon Consortium may issue New Versions (as determined by us). The Consortium may advise you of the availability of New Versions from time to time and of the fees and any other conditions in respect of New Versions. You are not obliged to take New Versions.

7 TECHNICAL SUPPORT

Technical Support is NOT provided under the Terms and Conditions of the Student Pack Licence other than the guidance provided on our Techical Support web pages. Please see Single User Versions if you wish to purchase a licence with full Technical Support.

8 LIABILITY

(a) You acknowledge that in entering into this Agreement and acquiring WinEcon you have not relied in any way on the WinEcon Consortium's representations, description, illustrations, specifications, skill or judgment and that you have satisfied yourself as to the condition and suitability of WinEcon for your purposes.

(b) WinEcon is furnished to you "as is" without warranty of any kind. The WinEcon Consortium gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability or quality of, or title to, WinEcon (including any data contained in or supplied in relation to it or reports generated or produced by or with the aid of it).

(c) You acknowledge and agree that the WinEcon Consortium is not liable for any loss or damage, including consequential loss or damage, which in any way results from your use or non-use of the WinEcon (including as a result of any malfunction, breakdown or error in WinEcon) or as a result of or in connection with the provision of services under this Agreement.

(d) You will indemnify the WinEcon Consortium and keep the WinEcon Consortium indemnified against:

(i) all legally enforceable demands, claims, actions and proceedings however arising made by any third person in connection with or arising out of your use of WinEcon; and

(ii) all legally enforceable losses, costs, expenses and damages however incurred by the WinEcon Consortium in connection with or arising out of a breach by you of any provision of this Agreement.

(e) Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy which is compulsorily conferred on you by The Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 or any other applicable consumer legislation as amended ("Acts").

9 PERFORMANCE

The Consortium may appoint third parties to perform its obligations under this Agreement.

10 ASSIGNMENT

You may not assign, transfer, encumber, mortgage or licence this Agreement or any of your rights, benefits or obligations under it without the prior written consent of the WinEcon Consortium. The WinEcon Consortium may assign or transfer any of its rights, benefits or obligations under this Agreement to any other person.

11 WAIVER

Failure or neglect by either party to enforce at any time any of the provisions of this Agreement is not to be construed or deemed to be a waiver of that party's rights under this Agreement.

12 GOVERNING LAW

This Agreement is governed by and to be construed in accordance with the laws of England. Any disputes concerning this Agreement are to be resolved by the Courts or other tribunals or processes applicable in England.

13 INTERPRETATION

(a) This document contains the entire understanding between the parties as to the licence of WinEcon;

(b) The expiration or termination of this Agreement does not affect the rights of either party against the other in respect of:

(i) anything done or omitted to be done under this Agreement prior to the expiration or termination; or

(ii) any sums or other claims outstanding at the time of expiration or termination.

(c) Every provision of this Agreement is severable from the others and the severance of a provision will not affect any other provision.

(d) A reference to a person includes a reference to a firm, corporation or other corporate body.