numerica

NUMERICA - LICENCE CONDITIONS

This document governs the conditions under which the Library NUMERICA (“the Software”), sold by Numeritek Limited (“Numeritek”), is to be used by the members of the purchasing organisation or individuals (“the Authorised Organisation”).

1. Licence

You are permitted to:

(a) load the Software on to and use it on any computer which is under the control of the Authorised Organisation, subject to restrictions on the maximum number of users corresponding to your licence class. Note that the maximum number of authorised computer/network users that have access to the Software must not exceed the maximum number permitted by your licence class.

(b) use the Software in its original form and to copy and modify it for the internal purposes of the Authorised Organisation ; and

You are not permitted to:

(d) transfer the Software nor the benefit of this agreement, which is limited to the Authorised

Organisation;

(e) rent, lease, sub-license or loan the Software or its associated documentation or reproduce or deal in the Software or any part of it in any way, except as expressly permitted by this agreement and save to the extent and in the circumstances expressly permitted by law.

2. Duration

This Agreement is effective until you terminate it by destroying the Software and its documentation together with all copies. It shall also terminate automatically if you fail to abide by its terms. Upon termination you agree to destroy your copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control and on associated backup media.

3. Without prejudice to the generality of 2. above, Numeritek reserves the right to withdraw the Software at any time if judged by Numeritek to be obsolete in which case new versions of the Software shall be supplied to you free of charge. You agree that if the Software is withdrawn under this paragraph 3. you shall delete all old versions of the Software from all computers under your control and on associated backup media.

4. Ownership

Numeritek shall at all times retain ownership of the original Software and the documentation as recorded on the original disk, and of all subsequent copies made of it regardless of form. The copyright in NUMERICA and its associated documentation is owned by Numeritek Limited. Copyright in modified programs of the Software is transferred to the Authorised Organisation for its internal purposes. A modified program is that containing a number of extra, useful executable statements that makes at least 10% of the number of executable statements in the original program.

5. Copyright notices of Numeritek must at all times be displayed on any copies of the Software and the following citation must be made in all publications and reports in which the original or modified software is used:

Numerica

A Library of Source Codes for Teaching, Research and Applications, by E. F. Toro;

The appropriate ISBN number(s) should also be included in all citations.

6. Support

You may by a separate Support Agreement receive updated versions of the sub-libraries of NUMERICA. The warranties under paragraphs 7 and 8 below and the support services are available only to the Authorised Oganisation.

7. Registry of users.

In the case of a licence class with a restricted number of users, the local representative of the authorised organisation is responsible to Numeritek for keeping an up to date registry containing the names, status and email addresses of all authorised users of the Software. Such record must be made available to Numeritek once a year or whenever requested by Numeritek.

8. Warranties

Numeritek warrants that the disk on which the Software is supplied will be free from defects in materials and workmanship under normal use for a period of 90 days after the date of original purchase (“the Warranty Period”). If a defect in the disk shall occur during the Warranty Period it may be returned with proof of purchase to Numeritek who will replace it free of charge.

9. Numeritek warrants that the Software will when delivered to you and during the Warranty Period substantially provide the facilities and functions described in the accompanying documentation provided the Software is properly used on the computer and with the operating system for which it was designed. If Numeritek is notified of significant errors during the Warranty Period it shall correct any such demonstrable errors in the Software or its documentation within a reasonable time or (at its option) provide or authorise a refund (against return of the Software and its documentation).

10. The above represents your sole remedies for any breach of Numeritek’s warranties, which are only given to the original registered user.

11. The express terms of this agreement are in lieu of all other warranties, conditions, representations, terms and undertakings whether express or implied law or otherwise (including the implied warranties as to satisfactory quality and fitness for purpose) all of which are hereby excluded to the fullest extent permitted by law. Numeritek does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free or that defects in the Software will be corrected.

12. In no event will Numeritek be liable to you for any loss or damage of any kind (except personal injury or death resulting from Numeritek’s negligence) or for any consequential loss including (without limitation) any loss of profit, loss of business and loss of goodwill. In no event shall Numeritek’s liability exceed the amount paid by you for the Software.

13. You shall at all times keep adequate backup copies of the Software in accordance with good computing practice and Numeritek shall in no circumstances be liable in respect of any loss of data.

14. You acknowledge that the provisions of paragraphs 8 to 13 are fair and reasonable and are reflected in the price for the Software. You shall insure and/or accept risk accordingly.

15. Miscellaneous

This Agreement represents the entire agreement and understanding between you and Numeritek.

16. This Agreement shall be governed by and construed in all respects in accordance with the laws of England and you hereby agree to submit the exclusive jurisdiction of the English Courts.

If you have any questions regarding this Agreement please write to Numeritek Limited: inquiries@numeritek.com.