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Flexible Product Licence (v1)

1.0 Preamble

This flexible licence accompanies a software products developed by CodeCogs and is designed to allow flexible usage of the product across one or more computers. Unlike a normal licence with a fixed duration, the duration of this licence may vary according to the number of copies of the software product installed and the prior history of usage.

Through your acceptance of this licence and/or payment of a fee (consideration), this licence forms a binding contract between you and CodeCogs, and will be governed by contract law of the England and Wales.

If you do not agree with the terms of this licence then you should NOT install the Software on your computer.

The precise terms and conditions are as follows:

2.0 Terms and Conditions of Use

NOTICE TO USER: THIS IS AN AGREEMENT ("LICENCE") BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) ("LICENSEE") AND ZYBA ("CODECOGS"), A LIMITED COMPANY WORKING UNDER THE LAWS OF THE ENGLAND AND WALES. BY INDICATING YOUR ACCEPTANCE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This CodeCogs Licence accompanies a CodeCogs software product ("Software") and related explanatory materials (including online, electronic & paper material) ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by CodeCogs. You must read this Agreement carefully before indicating your acceptance.  If you do not agree with the terms and conditions of this Agreement, decline where instructed, and you will not be able to use the Software.

This is a licence agreement and not an agreement for sale. CodeCogs continues to own the copy of the Software and any other copy that you are authorised to make pursuant to this Agreement.  CodeCogs grants to you a non-exclusive, world-wide licence to use the Software and Documentation, provided that you agree to the following:

2.1. Licences

  1. This is a flexible licence that covers one or more copies of the Software only when they are linked through the CodeCogs website to this licence. Each additional copy of the Software added to this licence will reduce the licence term accordingly. You must ensure the licence is valid and has not expired.
  2. You can check the remaining duration of your licence on the CodeCogs website (www.codecogs.com) and through the 'About' box within the Software. Extension of this licence or additional licences may be purchased from this website. You will received an email receipt for all licences you have purchased and further emails detailing any changes to the terms and duration of your licence.
  3. If you have not purchased a Licence and you do not hold an email receipt, then you do not own a licence to use this Software and you cannot use the Software under these terms and conditions.

2.2. Use of the Software

  1. You may install the Software at any number of location on a hard disk or other storage device provided that each copy is linked to this licence.
  2. You may make one or more backup copies of the Software, provided your backup copy is not installed or used on any computer.
  3. You cannot integrate the Software into a derivative or new product.
  4. You cannot use the Software for commercial activities, including any actions that are intended to generate a profit, unless you have indicated through the CodeCogs website (www.codecogs.com) that you which to use the software for commercial activities. There is a high cost of usage for commercial activities, which may be reflected in a shorter duration of the licence.
  5. In no circumstance can you give anyone copies of our licensed source code; documentation; libraries or DLL files compiled from the source code with (perhaps) instruction of how to call the CodeCogs functions. If you need to do this, then you must instruct each of yours customers to download and purchase their own copy of the software product from the CodeCogs website.

2.3. Copyright

The Software is the intellectual property of CodeCogs and its suppliers and is protected by United Kingdom copyright law, international treaty provisions, and applicable laws of the country in which it is being used. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of CodeCogs and its suppliers. Therefore you must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Licence must contain the same copyright and other proprietary notices that appear on or in the Software. Any information supplied by CodeCogs or obtained by you, may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software.

To requests further information use the web form General Enquiries or write to CodeCogs, c/o Zyba Ltd, Broadwood, Holford, Bridgwater, Somerset, TA1 1DU, ENGLAND. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Licence does not grant you any intellectual property rights in the Software.

2.4. Transfer

You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software and Documentation to another person or legal entity provided that:
  1. you transfer this Licence, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and the Documentation to such person or entity.
  2. you retain no copies, including copies stored on a computer, and
  3. the receiving party agrees to be bound by the terms and conditions of this Licence.

2.4 Limited Warranty.

CODECOGS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CODECOGS OR ITS SUPPLIERS' BREACH OF WARRANTY.  EXCEPT FOR ANY WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED BY COMPULSORY LAW IN ENGLAND AND WALES, CODECOGS AND IT'S SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL CODECOGS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF A CODECOGS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. WHERE LIABILITY CANNOT BE LEGALLY EXCLUDED, BUT IT MAY BE LIMITED, CODECOGS' LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.

Nothing contained in this Licence shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Licence limits CodeCogs' liability to you in the event of death or personal injury resulting from CodeCogs' negligence.

CodeCogs is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in this Clause 2.4, but in no other respects and for no other purpose.

2.5 Governing Law and General Provisions.

This Licence shall be governed by and construed in accordance with the laws of the England and Wales whose courts shall have jurisdiction over all disputes relating to this Licence.

This is the entire agreement between CodeCogs and the Licensee relating to the Software and the Documentation and it supersedes any prior representations, discussions, undertakings, end user licence agreements, communications or advertising relating to the Software and the Documentation.

If any part of this Licence is found void and unenforceable, it will not affect the validity of the balance of the Licence, which shall remain valid and enforceable according to its terms. This Licence may only be modified in writing signed by an authorised officer of CodeCogs.

End of Terms and Conditions

If you have any questions regarding this agreement or if you wish to request any information from CodeCogs, please use the contact information provided in clause 2.2