License Agreement ProjectFuture PC version

License Agreement ProjectFuture PC version

License purchaser has ordered one (or more) license(s) for the software program ProjectFuture PC version 2.0 and higher (hereinafter referred to as: the Software), subject to the following provisions and conditions, from CONCILIO Concilio B.V. with its principal place of business at Papsouwselaan 111, 2624 AJ, Delft, the Netherlands (hereinafter referred to as CONCILIO).
The Software is a software program that is able to is able to support the risk management process in projects. It helps to identify, record and analyze project risks and to take action to optimize them in a project.

FENIT conditions

1. Supplementary to this contract, the FENIT conditions 2003 (available via http://www.projectfuture.net/uk/legal-notices/fenit) apply in the case of this agreement. The following stipulations shall prevail if and to the extent that the contents of the FENIT conditions 2003 deviate from this contract. CONCILIO refers in particular to Article 10 of the FENIT conditions 2003, in which any CONCILIO liability is limited.

License

2. CONCILIO grants you (license purchaser) a non-exclusive and non-transferrable license for use of the Software by one user on only one computer, workstation, server, terminal, laptop, palmtop or other electronic device ("Computer") at any one time. The Software is deemed as being in use if it is loaded in RAM memory or has been installed on a hard disk or other form of storage media.

3. If you wish to use the Software on more than one Computer or allow it to be used by multiple users, you must obtain as many licenses as the number of Computers in question or users with whom you wish to use the Software, with a separate license fee being payable for each license.

4. In case you represent a Consultancy you are allowed to use the Software in consultancy projects that involve users from your clients during the course of the consultancy contract you agreed upon. You must obtain licenses for these additional client users as described in article 3. If a consultancy project has finished you may transfer the obtained licenses for client users to client users in another project.

5. You are not permitted to change or modify the Software, to integrate the Software within another software program, to distribute the Software or to license the Software to third parties. You may not carry out reverse-assembling, reverse-compiling, conversion or any other form of modification to the Software

6. CONCILIO has the right to investigate whether you are using the Software in a way that conforms with the conditions of this license agreement. You are obliged to comply with such an investigation and allow CONCILIO access to the locations where the Software is in use.

7. The Software functions under the following computer configuration:
- Windows® 95, 98, 98SE, NT 4.0, ME, 2000, XP or Vista
- Screen resolution 1024*768 pixels or higher
- 16 bit color (65536 colors) or higher
- Java Runtime Environment 1.5 or higher

Fee

8. You must pay a one-off license fee of US$595 (or € 495) excluding V.A.T. and, if your registered office or domicile is not in the Netherlands, any import duties. Payment should be made within 30 days of confirmation by CONCILIO that your order has been accepted (by way of credit card, PayPal® and/or by transferral of the amount in question to ING Bank account no. 67.62.06.468 (IBAN NL62 INGB 0676206468, BIC INGBNL2A) in the name of Concilio.

Delivery

9. The Software will be delivered to you by e-mail or by means of a link to the URL where the Software can be downloaded in an e-mail message. There is no charge for delivery unless your application states that you wish the software to be supplied on CD-ROM, in which case the Software will be sent by registered post. You pay US$ 15.00 (or € 10.00) excluding V.A.T in mailing costs if you wish to have the product supplied on CD-ROM.

10. CONCILIO has the right to suspend and/or dissolve (the execution of) the agreement and any accompanying agreements if you default on any payment.

Delivery time

11. Delivery will take place within the shortest possible period, yet no later than within thirty days of CONCILIO receiving the license fee owed. The delivery times submitted by CONCILIO are merely an indication. Failure to meet a delivery time does not give you the right to damages nor the right to cancel your order and/or terminate the contract, unless the failure to meet the delivery time is such that you cannot reasonably be demanded to leave the contract intact.

Establishment of the agreement

12. All CONCILIO offers are free of obligations and CONCILIO explicitly reserves the right to change prices. This agreement only comes into being once CONCILIO has confirmed to the purchaser that the order has been accepted. CONCILIO has the right to refuse orders and/or attach certain delivery conditions unless otherwise explicitly specified. If an order is refused, CONCILIO will inform you of this within ten days of receiving the order.

Guarantee

13. CONCILIO does not guarantee that the Software is perfect or that it will function flawlessly. CONCILIO does guarantee that the main features are compliant for a period of thirty days subsequent to delivery. The term ‘error’ shall be understood to mean failure to meet the functional specifications stated in writing by CONCILIO and, in case of development of custom-made software, the functional specifications expressly agreed. There shall be no question of any error unless it can be proved and reproduced. Customer will be under the obligation forthwith to report any errors to Supplier.

14. You are entitled to free repair of any errors for this guarantee period of thirty days. Repair can also take place by means of a problem-prevention restriction or issuing of an update. After the aforementioned thirty-day period has elapsed, the purchaser may only claim for error epair if a maintenance contract has been concluded between both parties.

Ending of license

15. The purchaser’s right to use will legally cease to be valid if you contravene any of the provisions in this agreement or the FENIT conditions and any conditions contained therein. In the event of license ending, you will immediately destroy all original and copied versions of the Software, along with any related documentation. CONCILIO will not be obliged to pay back the license fee. In addition, CONCILIO has the right to recover from you any damages that it has consequently suffered or is yet to suffer.

16. The Software was developed by Concilio B.V. in Delft (the Netherlands).

17. Before pressing "I accept", you are requested to once more read through and check the abovementioned information. Clicking on "I accept" means that you agree to the abovementioned, including the applicability of the FENIT conditions 2003, and that you confirm that you have had the opportunity to download and/or print both of these.