Oct
22
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End-user license agreement (EULA)

This is a legal agreement between you (an individual or an entity), the end-user, and Lyquidity Solutions Limited (LYQUIDITY SOLUTIONS). By running this software, you agree to the terms and conditions set forth below. If you do not agree to the terms of this Agreement, promptly discontinue the installation or use of this software product.

License

The Software product is licensed, not sold..

1. Grant of License.

This EULA permits you to use one copy of the LYQUIDITY SOLUTIONS software product (“Software”) on any single computer, provided the Software is in use on only one computer at a time.

If you have multiple licenses for the Software, then at any time you may have as many copies of the Software in use as you have licenses. The Software is “in use” in a computer when it is loaded into the temporary memory (i.e. RAM) or is installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of that computer. However a copy installed on a network server for the sole purpose of distribution to other computers is not “in use”.

The software may be executed from a common disk shared by multiple computers provided that one authorized copy of Software has been licensed for each computer executing the Software. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time it is in use, then that person may also use the Software on a portable or home computer. If such person’s authorization to use such computer ceases for any reason (e.g., termination of employment), then such person’s authority to use the Software on a portable and home computer shall cease.

2. Copyright.

The Software is owned by LYQUIDITY SOLUTIONS and is protected by United Kingdom and European Union copyright laws and international treaty provisions. Therefore you must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that you may either:

  • (a) make one copy of the Software solely for backup archival purposes; or
  • (b) transfer the Software to a single hard disk provided you keep the original copy solely for backup or archival purposes.

You may not copy written materials accompanying the Software without the prior written agreement of LYQUIDITY SOLUTIONS.

3. Description of other Rights, Restrictions and Limitations.

This License is your proof of license to exercise the rights, granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this license on a permanent basis provided that you transfer this license, the Software and all accompanying written materials, you retain no copies, and the recipient agrees to the terms of this License.

You may not de-compile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not modify the software in any way that would allow you or someone else to circumvent the Licensing system used in the Software. If the Software is an update or upgrade, any transfer must include the update or upgrade and all prior versions.

4. Multiple Media Software.

If the Software is provided to you on multiple media (e.g. 3.5″ disks 5.25″ disks and CD-ROM), or you download additional copies of the Software electronically such as from the LYQUIDITY SOLUTIONS Web Site (or the Web Site of one of its distributors) then you may only use only the media appropriate for your single designated computer or network server. You may not use the other media on another computer or computer network, or loan, rent, lease, or transfer them to another user except as part of a transfer or other use expressly permitted by this license.

5. Pre-release code

The Software may contain PRERELEASE CODE that is not at the level of performance and compatibility of the final, generally available, product offering. These portions of the Software may not operate correctly and may be substantially modified prior to first commercial shipment. LYQUIDITY SOLUTIONS is not obligated to make this or any later version of the Software commercially available.

When installing pre-release code YOU AGREE THAT THE PRE-RELEASE VERSION OF THE SOFTWARE AND INFORMATION ABOUT THE PRE-RELEASE SOFTWARE, ITS FEATURES AND CAPABILITIES IS CONFIDENTIAL TO LYQUIDITY SOLUTIONS AND WILL NOT BE DISCLOSED TO THIRD PARTIES BY YOU OR, IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ORGANIZATION, YOUR ORGANIZATION, save to the extent that information is already in the public domain, without written agreement from LYQUIDITY SOLUTIONS.

6. Upgrades

If the Software is an upgrade from another product, whether from LYQUIDITY SOLUTIONS or another supplier, you may use or transfer the Software only in conjunction with that upgraded product, unless you destroy the upgraded product. If the Software is an upgrade of a LYQUIDITY SOLUTIONS product, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

Limited Warranty.

LYQUIDITY SOLUTIONS warrants that the Software will perform substantially with the accompanying written materials and will be free from defects in materials and Workmanship under normal use and service for a period of ninety (90) days from the date of receipt. This limited warranty gives you specific legal rights. If you have purchased a License to the software outside the United Kingdom you may have other rights.

Customer Remedies.

The entire liability of LYQUIDITY SOLUTIONS and your exclusive remedy shall be repair or replacement of the Software that does not meet this Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Some of these remedies and product support services offered by LYQUIDITY SOLUTIONS may not be available outside the United Kingdom.

No Other Warranties.

LYQUIDITY SOLUTIONS disclaims all other warranties, either express or implied including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials and any accompanying hardware. This limited warranty gives you specific legal rights. If you have purchased a License to the software outside the United Kingdom you may have other rights.

No Liability for Consequential Damages.

In no event shall LYQUIDITY SOLUTIONS or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this LYQUIDITY SOLUTIONS product, even if LYQUIDITY SOLUTIONS Limited has been advised of the possibility of such damages.

No refund

Our software is sold to businesses not individuals and we do not offer a refund.

General Provision

Licensee shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by Licensee of this Agreement, she/he shall be liable for all damages to LYQUIDITY SOLUTIONS, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred.

U.S. Government Restricted Rights

The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c) (1), (2) and (3) (ii) of the Rights in Technical Data and Computer Software clause as DFARS 252.227-7013 or subparagraphs (c) (1), (2) and (3) of the
Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19 as applicable. Contractor/manufacturer is:

Lyquidity Solutions Limited

16 Lynton Road
New Malden
SURREY
KT3 5EE
UK

The laws of the England and Wales govern this agreement. For more information about the licensing policies of Lyquidity Solutions Limited, please call Customer Service at +44.0207.043.2777 or write to:

Lyquidity Solutions Limited

16 Lynton Road
New Malden
SURREY
KT3 5EE
UK

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