Razordesk Personal Edition 3.2.00

EULA - End User License Agreement

nsiders that there is or is likely to be a breach of security.

4.5 BTWS reserves the right (at its sole discretion) to require the Customer to change any or all of the passwords used by the Customer in connection with the Service.
5. USE OF THE SERVICE

5.1 The Service is provided solely for the Customer's own use and the Customer will not resell or attempt to resell the Service (or any part or facility of it) to any third party unless otherwise agreed.

5.2. The Content is protected by copyright, trademark and other intellectual property rights, as applicable. The Customer must not and must not permit anyone else to copy, store, adapt, modify, transmit, distribute externally (and if the Customer accesses the Service from a LAN other than to Authorised Users on such LAN), perform, play or show in public, broadcast or publish any part of the Content, and the Content may only be used for the Customer's own purposes.

5.3. The Customer must not commercially exploit any Content to the commercial detriment of a"ds (including software) or services offered by third parties via the Service or on the Internet. BTWS will not be a party to or in any way responsible for any transactions between the Customer and third parties. The Customer expressly acknowledges that BTWS accepts no liability of any kind in relation to, or arising from, any representation or warranty or other statement made by the Customer to any third party or by the third party to a Customer.

5.7 The Customer shall be responsible for the creation, maintenance and design of all Customer Information.

5.8 The Customer must indemnify BTWS against any claims or legal proceedings which are brought or threatened against BTWS by a third party because:

a. the Service is used in breach of the provisions of this paragraph 5; or
b. the Service is faulty or cannot be used by that third party.

5.9 BTWS will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings.

5.10 If, following routine system administration of the Service (including without limitation server, network and security monitoring, and monitoring for unattended logins), BTWS detects that the Customer's use of the Service:

(i) impairs the integrity of the system and/or the network used to provide the Service; or

(ii) causes detrimental performance of the Service to the Customer or any other customer;

BTWS reserves the right, on giving the Customer prior notice where practicable, to suspend the Customer's access to the Service (without prejudice to BTWS's right to terminate this Contract under paragraph 20) until BTWS receives assurance from the Customer that the Customer will not use the Service in such a manner.
6. INTELLECTUAL PROPERTY RIGHTS

6.1 Intellectual property rights in the Software or any documentation supplied by BTWS to the Customer are and remain the property of BTWS or its licensors.

6.2 The Customer agrees to comply with the terms of any agreements reasonably required by the owner of intellectual property " 11 will not apply to:

a. any information which has been published other than through a breach of this Contract;

b. information lawfully in the possession of the recipient before the disclosure under this Contract took place;

c. information obtained from a third party who is free to disclose it; and

d. information which a party is requested to disclose and if it did not could be required by law to do so.

7.3 This paragraph 11 will remain in effect for 2 years after the termination of this Contract.
8. CHARGES AND DEPOSITS

8.1 The charges for the Service will be calculated in accordance with the Charges List and, from the details recorded by or on behalf of BTWS. Charges are payable from the operational service date taking into consideration free trial periods and other special offers.

8.2 Unless the Charges List says otherwise subscription charges will be payable quarterly in advance.

8.3 The Customer will pay the charges within 28 days of the date of BTWS's invoice. BTWS may charge daily interest on late payments at a rate equal to 4 % per annum above the base lending rate of HSBC Bank plc.

8.4 All charges will be invoiced and paid in pounds sterling unless otherwise stated in the Charges List. Value Added Tax will be added to BTWS's invoices as appropriate.

8.5 The Customer acknowledges that the Customer may be subject to BTWS's credit vetting procedures and that BTWS may, at any time, require the Customer to pay a deposit.
9. LIMITATION OF LIABILITY

9.1 BTWS is not liable to the Customer, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data.

9.2 The Customer accepts that BTWS is under no obligation to edit, review or modify Customer Information or Third Party Information and that BTWS does not examine the use to which customers put the Service. However, BTWS reserves the right to remove any Customer Information or Third Party Inform" failure to perform.

10.2 If any of the events detailed in paragraph 18.1 continue for more than 14 days either party may serve notice on the other terminating this Contract.
11. SUSPENSION AND TERMINATION OF THIS CONTRACT

11.1 Either party may terminate this Contract on 14 days' notice to the other.

11.2 If notice is given under paragraph 19.1, the Customer will pay the charges due for the Service up to the expiry of the notice.

11.3 If either party gives notice under paragraph 19.1, BTWS will repay or credit the appropriate proportion of any charges paid in advance for a period following expiry of the notice period.

11.4 Termination by notice under this paragraph 19 does not avoid any liability for Service already provided.
12. BREACHES OF THIS CONTRACT

12.1 Either party may terminate this Contract or the provision of Service (in whole or in part) under it without notice if the other:

a. commits a material breach of this Contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or

b. commits a material breach of this Contract which cannot be remedied; or

c. is repeatedly in breach of this Contract; or

d. is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of its creditors, or if it goes into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over its assets.

12.2 If any of the events detailed in paragraph 16.1 occur because of the Customer, BTWS may suspend the Service (in whole or in part) without prejudice to its right to terminate this Contract. Where the Service is suspended under this paragraph the Customer must pay the charges for the Service until this Contract is terminated.

12.3 If either party delays in acting upon a breach of this Contract, that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Contract that waive"ons: Issue No. 2; Date: June 19th 2006 (c) Copyright Blue Tang Web Systems Limited means Blue Tang Web Systems registered in England No 4037143, Windovwre House, St Ann Street, Salisbury SP1 2DR

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"Y"
"N"
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" means the global data network comprising interconnected networks using the TCP/IP protocol suite.

"Operational Service Date" means the date when the Service is first made available to the Customer on a chargeable basis.

"Site" means a place at which BTWS agrees to provide the Service

"System Administrator" means a named individual appointed by the Customer to be the point of contact with BTWS for matters relating to the provision of the Service.

"Third Party Information" means data, information, video, graphics, sound, music, photographs, software and any other materials (in whatever form) not owned or generated by or on behalf of the Customer, published or otherwise made available by the Customer using the Service.

"Username"TWS will however repair any reported faults as soon as it reasonably can.
3.5 Occasionally BTWS may:

a. change the technical specification of the Service, provided that any change to the technical specification does not materially affect the performance of the Service;

b. suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency, but before doing so will give as much online, written or oral notice as is reasonably practicable. BTWS will restore the Service as soon as it reasonably can after suspension.

3.6 The Customer is responsible for providing suitable computer hardware, software and telecommunications equipment and services necessary to access and use the Service. This Contract does not include the provision of telecommunications services necessary to connect to the Service.

3.7 The Customer is responsible for the acts and omissions of all Authorised Users in connection with the Service and is liable for any failure by any Autho