Comma 4.2 Taster
You MUST agree to the copyright agreement before and during installation
Comma 4 Taster installer download is quite large
Please read then agree, if appropriate, at the bottom of this page:
Terms and Conditions of Software Licence
1. Definitions
In this Agreement, (unless the context requires otherwise), the following expressions
have the following meanings:
“
the Licence” the licence granted by Commanet
“ the Equipment” the minimum system specification for entering records
is 100% PC compatible running Windows 98 SE or later with 32mb ram, 1gb free
hard disc, 800* 600 display in thousands of colours and at least 266mHz Pentium
2 processor.
“the Software Materials” the Software and the Software Documentation;
“
the Software Documentation” the operating manuals user instructions,
technical literature and all other related materials in eye-readable form
supplied to the
Customer by Commanet for aiding the use of the Software;
2. Products and Service to be Provided
2.1 Commanet agrees to:
2.1.1 grant the Customer a non-exclusive licence to load, store and run the Software.
9. Proprietary Rights
9.1 The Software Materials and the copyright and other intellectual property
rights of whatever nature in the Software Materials are and shall remain the
property of Commanet and Commanet reserves the right to grant licences to use
the Software Materials to third parties.
9.2 The Customer shall notify Commanet immediately if the Customer becomes aware
of any unauthorised use of the whole or any part of the Software Materials.
9.3 The Customer will permit Commanet to check the use of the Software Materials
at all reasonable times (during working hours) and Commanet shall be entitled
to enter any of the Customer’s premises for such purpose.
10. Intellectual Property Rights Indemnity
10.1 Commanet shall indemnify the Customer against any claim that the normal
use or possession of the Software Materials infringes the intellectual property
rights of any third party provided that:
10.1.1 Commanet is given immediate and complete control of such claim;
10.1.2 that the Customer does not prejudice Commanet’s defence of such
claim;
10.1.3 that the Customer gives all reasonable assistance with such claim; and
10.1.4 that the claim does not arise as a result of the use of the Software Materials
in combination with any equipment (other than the Equipment) or programs not
supplied or approved by Commanet.
10.2 Commanet shall have the right to replace or change all or any part of the
Software Materials in order to avoid any infringement. The foregoing states the
entire liability of Commanet to the Customer in respect of the infringement of
the intellectual property rights of any third party.
11. Confidentiality of Software Materials
11.1 The Customer undertakes to treat as confidential and keep secret all
information contained or embodied in the Software Materials (excluding information
contained
in publicity materials for the Software produced by Commanet) and all information
conveyed to the Customer by training (“the Information”).
11.2 The Customer shall not without the prior written consent of Commanet divulge
any part of the Information to any person except:
11.2.1 the Customer’s own employees and then only to those employees
who need to know the same;
11.2.2 the Customer’s auditors, HM Inspector of Taxes, HM Customs & Excise
and any other persons or bodies having a right duty or obligation to know
the business of the Customer and then only in pursuance of such right duty
or obligation;
11.2.3 any person who is from time to time appointed by the Customer to maintain
any equipment on which the Software is being used only to the extent necessary
to enable such person properly to maintain such equipment.
The Customer shall indemnify Commanet against any loss or damage which Commanet.
lt may sustain as a result of the Customer failing to comply with this undertaking.
11.3 The Customer undertakes to ensure that the persons and bodies mentioned
in paragraphs 11.2.1 (above three , 11.2.2 and 11.2.3 are made aware prior to
the disclosure of any part of the Information that the same is confidential and
that they owe a duty of confidence to Commanet and the Customer shall ensure
that they observe such duty of confidentiality.
11.4 The Customer shall promptly notify Commanet if it becomes aware of any breach
of confidence by any person to whom the Customer divulges all or any part of
the Information and shall give Commanet all reasonable assistance in connection
with any proceedings which Commanet may institute against such person for breach
of confidence.
11.5 The obligations of confidentiality set out in this clause shall remain in
full force and effect following termination of this Agreement.
12. Copying
12.1 No copying of the software, content, documentation, concepts whatsoever
is allowed .
13. Security and Control
13.1 The Customer shall during this Agreement:
13.1.1 effect and maintain adequate security measures to safeguard the Software
Materials from access or use by any unauthorised person;
13.1.2 retain the Software Materials and all copies of such materials under its
effective control;
13.1.3 maintain a full and accurate record of its copying and disclosure of the
Software Materials and shall produce the record to Commanet on request.
14. Alterations
Except to the extent and in the circumstances expressly required to be permitted
by the law, the Customer undertakes to not alter, modify, adapt or translate
the whole or any part of the Software Materials in any way whatever nor permit
the whole or any part of the Software to be combined with or become incorporated
in any other computer programs nor decompile, disassemble or reverse engineer
the Software.
16. Customer’s Confidential Information
Commanet shall treat as confidential all information supplied by the Customer
under this Agreement which is designated as confidential by the Customer provided
that this Clause shall not extend to any information which was rightfully in
the possession of Commanet prior to the commencement of the negotiations leading
to this Agreement or which is already public knowledge or becomes so at a future
date (otherwise than as a result of a breach of this Clause). The obligations
in this clause shall survive any termination of this Agreement.
17. Termination
17.1 The Customer may terminate the Licence at any time. For the avoidance of
doubt, such termination will not entitle the Customer to the return of the Licence
Fee or any other sums paid under this Agreement.
17.2 Commanet may terminate the Licence forthwith on giving notice in writing
to the Customer if:
17.2.1 the Customer commits any material breach of any term of this Agreement
and (in the case of a breach capable of being remedied) shall have failed,
within 30 days after the receipt of a request in writing from Commanet so
to do, to
remedy the breach (such request to contain a warning of Commanet’s
intention to terminate);
17.2.2 the Customer permanently discontinues the use of the Software Materials;
17.2.3 the Customer shall have a receiver or administrative receiver appointed
of it or over any part of its undertaking or assets or shall pass a resolution
for winding up (otherwise than for the purpose of a bona fide scheme of solvent
amalgamation or reconstruction) or a court of competent jurisdiction shall make
an order to that effect or if the Customer shall enter into any voluntary arrangement
with its creditors or shall become subject to an administration order or shall
cease to carry on business, or a bankruptcy order is made against the Customer.
17.3 Immediately upon the termination of the Licence the Customer shall return
to Commanet the Software Materials and all copies of the whole or any part thereof,
or if requested by Commanet it shall destroy all such copies (in the case of
the Software by erasing them from the magnetic media on which they are stored)
and certify in writing to Commanet that they have been destroyed. The Customer
shall also erase the Software from all of the equipment and shall certify to
Commanet that it has done so.
17.4 Any termination of this Agreement shall not affect any accrued rights or
liabilities of either party.
18. Assignment
The Customer shall not be entitled to assign, sub-licence or otherwise transfer
the Licence whether in whole or in part subject to the express consent of Commanet.
19. Force Majeure
19.1 Notwithstanding anything else contained in this Agreement, neither party
shall be liable for any delay in performing its obligations under this licence
is such delay is caused by circumstances beyond its reasonable control. Subject
to the party so delaying promptly notifying the other party in writing of
the reasons for the delay (and the likely duration of the delay), the performance
of such party’s obligations shall be suspended during the period that
the circumstances persist and:
19.1.1 any costs arising from such delay shall be borne by the party incurring
them;
20. Customer’s Warranty
The Customer warrants to Commanet that the Customer has not been induced to enter
into this Agreement by any prior representations or warranties, whether oral
or in writing, except as specifically contained in this Agreement and the Customer
hereby irrevocably and unconditionally waives any right in may have to claim
damages for any misrepresentations not contained in this Agreement or for breach
of any warranty not contained in this Agreement (unless such Customer misrepresentation
or warranty was made fraudulently) and/or to rescind this Agreement.
21. Liability
21.1 Each party accepts liability for death and personal injury caused by the
negligence of its employees, agents or sub-contractors in connection with this
Licence.
21.2 Except in respect of liability under clause 21.1 (for which no limit applies)
the liability of Commanet in respect each event or series of connected events
shall be limited to 125% of the total monies payable by the Customer to Commanet
pursuant to the terms of this Licence.
21.3 Notwithstanding anything else contained in this Agreement, Commanet shall
not be liable to the Customer for loss of profits or contracts or other indirect
or consequential loss whether arising from negligence, breach of contract or
howsoever.
21.4 Commanet shall not be liable to the Customer for any loss arising out of
any failure by the Customer to keep full and up-to-date security copies of the
computer programs and data it uses in accordance with best computing practice.
22. Waiver of Remedies
No forbearance, delay or indulgence by either party in enforcing the provisions
of this Agreement shall prejudice or restrict the rights of that party nor shall
any waiver of its rights operate as a waiver of any subsequent breach.
23. Entire Agreement
This Agreement supersedes all prior agreements, arrangements and understandings
between the parties and constitutes the entire agreement between the parties
relating to the subject matter hereof. No addition to or modification of any
provision of this Agreement shall be binding upon the parties in writing, signed
by a duly authorised representative of each of the parties.
24. Notices
All notices which are required to be given under this Agreement shall be in writing
and shall be sent to the address of the recipient set out in this Agreement or
such other address in England as the recipient may designate by notice given
in accordance with the provisions of this Clause. Any notice may be delivered
personally or by first class pre-paid letter or facsimile transmission and shall
be deemed to have been served if by hand when delivered, if by first class post
48 hours after posting and if by facsimile transmission when despatched.
25. Law
English law is the law applicable to this Agreement.
26. Disputes
Any dispute which may arise between the parties concerning this Agreement shall
be determined by the English Courts and the parties hereby submit to the exclusive
jurisdiction of the English Courts for such purpose.
27. Severability
Notwithstanding that the whole or any part of any provision of this Agreement
may prove to be illegal or unenforceable the other provisions of this Agreement
and the remainder of the provision in question shall remain in full force and
effect.