TERMS AND CONDITIONS
The following terms and conditions are represented on our Software License Agreement and any use of any of our products for test purposes prior to purchasing assumes that these terms and conditions are understood and accepted.
In this Agreement the following expressions shall have the following meanings:
“Software” means the computer program specified on the front page hereof and more
fully defined in the related product manual
“Hardware” means the particular computer system of the User upon which the Product is
initially installed (as specified on the front page hereof)
“Country” Republic of South Africa
- PERIOD OF AGREEMENT
This Agreement will commence immediately the Software is loaded onto “Computer Equipment” at the “Physical Location” as described on the front side of this document. This Agreement will continue indefinitely unless terminated by one party as a result of any default by the other of its obligations under this Agreement. In the event of termination of this Agreement, or of the Users bankruptcy, or if the Receiver is appointed over the Users assets, all copies of the Software, including backup copies and documentation will be returned to Source IT without prejudice to Source IT’s rights to claim damages or such other remedy as it sees fit.
- USE OF THE SOFTWARE
The Software may only be used in such a manner that the Software resides on a single computing machine. Use of the Software on multiple computing machines is prohibited except in the case of a Local Area Network (LAN) or Wide Area Network (WAN), where the Software may be loaded onto several, connected, single computing machines, so long as ALL the data files produced by the Software are contained on a single computing machine. One backup copy, in machine readable format, is permitted for use only on the “Computer Equipment” at the “Physical Location” as described on the front side of this document. Copyright notices contained in the software shall be reproduced on the backup copy. The Software, or documentation may not be transferred to any third party or to another location outside the country without the prior written consent of Source IT. Use of or dealings in the Software, except as described above, is strictly prohibited.
- ANNUAL LICENCE FEE
Payment of the Annual Licence Fee (ALF) falls on the anniversary of the installation of the product each year and is mandatory to ensure continued use of the software. Payments of ALF will ensure that all maintenance services and all updates to the Software purchased, be it in the form of corrections to discrepancies, updates to ensure Governmental conformance, or enhancements, will be available. The above items are dependant upon the availability of suitable equipment to perform these functions. Should Source IT be unable to comply with the ALF conditions then the User will no longer be liable for payment of the ALF from the date of the next due payment.
- PROPERTY RIGHTS
Ownership of the Software and documentation vest in Source IT and cannot be transferred without prior written consent. The User acknowledges that copyright in and to the Software vests in Source IT.
Source IT warrants for a period of 30 days from delivery to the User that the software substantially conforms to the documentation supplied. The Software cannot be tested in every possible operating environment therefore Source IT does not warrant that the functions contained in the Software will meet the User’s requirements or that operation of the Software will be uninterrupted or that the Software is error free. The User is responsible for the selection of this Software to achieve intended results and for the installation, use of and results obtained therefrom.
Source IT shall not be liable for any injury, loss or damage whether direct, indirect or consequential arising out of the use or inability to use the Software as a result of the negligence of Source IT or otherwise, save as provided by the Law. Source IT, it employees or agents shall also not be liable for loss of profits or revenue, loss of the use substitute equipment or software. Except as provided in this licence, all conditions, warranties and undertakings, express or implied, statutory or otherwise on the part of Source IT are excluded including without limitation those of merchantibility or fitness for purpose. This licence, however, shall not purport to exclude or restrict the liability of Source IT to any extent not permitted by law.
Each amount payable by the User to Source IT shall be paid on delivery of the software. The Annual Licence shall be paid on the anniversary of the installation of the product each year. These payment terms shall override any payment agreement between the User and any other third party relating to the Software. Prompt payment shall be a condition precedent to the continued performance by Source IT of its obligations under this Agreement. All collection costs on the Attorney-Client scale pursuant to obtaining payment shall be for the User’s account.
- WHOLE AGREEMENT
The Agreement constitutes the entire agreement between Source IT and the User as to the product and supersedes all previous communications, representations and agreements either written or oral, and the User hereby acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. The printed terms and conditions of any purchase order or other correspondence of the User in connection with this Agreement shall not apply. This Agreement may be amended only in writing upon the mutual consent of the parties hereto or their respective successors of assigns.
- GOVERNING LAW
This Agreement shall be governed by the Laws of the Republic of South Africa.