IMPORTANT - Please read these terms and conditions carefully.
By opening and using this product, you are agreeing to abide by these terms and conditions.
GENERAL.
This licence agreement (hereinafter Agreement) applies to the purchase and use of the software called Telepower Pro which incorporates Telewin dialling software for modems, hereinafter called the Software.
1. DEFINITIONS.
In this Agreement the following terms shall have the following meanings:
1.1 "Applicable Owner" means the owner of software, copyright, patents and other intellectual property rights of the component parts comprising the Software;
1.2 "TDS" means TDS Marketing Group Limited;
1.3 "Telepower Pro" means the software and copyright owned by TDS;
1.4 "Telewin" means the software and copyright owned by Armatura AG;
1.5 "Data Protection Software" means the software and copyright owned by ╟-Dilla Limited;
1.6 "Network" means a method of connecting a number of computers together for the purpose of accessing or transferring software;
1.7 "Network Licence" means a licence to use the Software by more than one user employed by you or your company who have access to the Software by means of one or more computers connected by means of a Network to a single network server, such licence being effective on application to TDS and payment of the appropriate fee;
1.8 "Site" means a single building or a collection of buildings which share a common boundary;
1.9 "Date Of Installation" means the date you requested and received an official release code from TDS's customer services;
2. GRANT OF LICENCE.
TDS permits you to use one copy of the Software on a single computer. You do not acquire ownership of the Software but acquire the non-exclusive right to use the Software. Installation of the Software on a network server for internal distribution does not constitute such use, for which you are required to pay the appropriate Network Licence fee. Subject to the Network Licence fee being paid you may use the Software on a number of computers (dictated by the Network Licence fee you have paid) located at the same Site and running on a single network server.
3. DURATION.
3.1 The duration of this Agreement for Network Licence purposes is limited to 12 months from Date Of Installation.
3.2 Your right to use the Software will automatically cease without cancellation if you violate the conditions of this Agreement.
4. LICENCE AND RESTRICTIONS.
The data on this disc is produced under licence from, and based in part on copyright material of British Telecommunications Plc. This Agreement allows you to use the data for your own purposes and is granted for use on a personal computer in connection with a BABT approved modem and telephone line. The use of the Software on additional personal computer(s) is subject to separate licenses or payment of the appropriate Network Licence fee.
5. COPYRIGHT.
The Software is subject to ownership rights and its component parts made up of data content and computer programs which are also protected by copyright. Title and all ownership rights to the data and computer programs including Data Protection Software which is protected by copyrights, patents and other intellectual rights of ownership remain with the Applicable Owner.
6. OTHER RESTRICTIONS.
You are not entitled to reverse engineer, decompile, disassemble, modify or duplicate the Software wholly or in part, or use with any hardware or software other than expressly set out in this Agreement. You may not rent or lease the Software and the data contained therein may not be sold or otherwise provided to any third party. You may transfer your rights under this Agreement on a permanent basis to a third party provided you transfer this Agreement, the Software and all accompanying printed materials, retain no copies, and the recipient agrees to the conditions of this Agreement.
7. RIGHT OF MODIFICATION.
TDS reserves the right to modify or enhance the Software if this becomes necessary for reasons of availability, serviceability, performance or due to legislation or governmental regulations. The business directory data within Telepower Pro is not one hundred percent accurate since businesses change every day and the performance from a directory will always deteriorate over time. By registering you will be informed of updates as and when they are published.
8. DAMAGE CLAIMS.
You agree to ensure that any third party to whom you give instructions to and who has access to the Software will act with due care and diligence as stated in this Agreement, and that you will hold TDS or its agents or distributors harmless of the actions of any such third party. If you become aware that the Software is used in such a way that violates the conditions of this Agreement, you agree to take every action necessary to stop its improper use, and will notify TDS in writing of its improper use.
9. LIMITED WARRANTY.
TDS does not warrant that the Software will be accurate or meet your specific requirements, or that operation will be defect or error free. TDS will not be liable for any damages whatsoever arising from the use of the Software. You expressly acknowledge that the use of the Software is at your own risk. TDS makes no claims, either expressed or implied, as to the fitness of the Software for any particular purpose. Any statements made concerning the utility of the Software are not to be construed as expressed or implied warranties. The warranty period is 30 days from the date of delivery. During this period, defective Software will be replaced free of charge, provided that the original Software disc is returned to the retail outlet/reseller where purchased with a copy of the purchase receipt. Direct purchases from TDS should be returned to the address shown below. This warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any further damage claims are explicitly excluded.
10. LIABILITY.
To the maximum extent permitted by law, in no event shall TDS be liable for any damages whatsoever (including without limitation direct or indirect damages for personal injury, 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 Software, even if TDS has been advised of the possibility of such damages. In any event TDS's entire liability under any provision of this Agreement shall be limited to the price paid by you for the Software.
11. FORCE MAJEURE.
TDS shall not be liable to you for any loss or damage which may be suffered by you as a direct or indirect result of the supply of the Software by TDS or its agent or distributor, due to any cause beyond its reasonable control whatsoever, including (without limitation) any act of God, inclement weather, war, military operations, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, failure or shortage of power supplies, fire, explosion, refusal of any licence or permit or any order, act or omission of Government, highways authorities, public telecommunication operators or other competent authority.
12. INVALID CLAUSES.
Should any clause of this Agreement be or become invalid, this does not affect the validity of the remaining clauses. In such a case, the invalid clause will be superseded by another clause which is closest to the intended purpose of the invalid clause.
13. GOVERNING LAW.
This agreement shall be governed by and construed and interpreted in accordance with English law and you agree to submit to the jurisdiction of the English courts.
In the unlikely event of a defective disk, please return to: TDS Inform Administration, Baker Street, High Wycombe, Bucks HP11 2BR
