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Note:
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In the Conditions, the Definitions within the offer on the order form shall have the same meanings and effect.
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(i)
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The Software is a Computer Programming Tool for the purposes of electronically storing and reproducing the words of
hymns and worship songs covered by the CCL Licence and for related purposes.
The Purchaser has satisfied itself as to the suitability of the Software for its intended purpose.
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(ii)
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The Seller is the owner of the Software and the intellectual property rights therein other than the words of
hymns and worship songs reproduced within the Software. Subject to the terms of the CCL Licence,
the Seller grants to the Purchaser a non-exclusive, non-transferable right to use the Software.
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(iii)
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The Software must not be lent, leased, re-sold or marketed by the Purchaser whether in whole or in part.
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(iv)
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The Software must not be modified, adapted, reversed engineered, de-compiled or disassembled by the Purchaser or by a third party acting on the Purchaser’s behalf or with the Purchaser’s knowledge.
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(v)
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The Seller warrants that the Software will perform substantially in accordance with its intended purpose
for a period of 90 days from the date of receipt of the Software by the Purchaser,
beyond which no warranty is given nor shall such be sought or expected by the Purchaser. The foregoing warranty is void in the event of
(a) any breach of the Contract by the Purchaser or (b) the Software being abused or misapplied by the Purchaser.
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(vi)
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To the maximum extent permitted by law, the Seller disclaims with regard to the Software all other warranties,
either express or implied, including (but not limited to)
implied warranties of satisfactory quality or fitness for a particular purpose
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(vii)
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To the maximum extent permitted by law, in no event shall the Seller be liable for any damage or loss whatsoever including,
without limitation, loss of profits, business interruption, loss of information or any pecuniary loss
arising out of the use or inability to use the Software
and this restriction shall apply even if the Seller has been advised of the possibility of such damage or loss.
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(viii)
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No oral or written information or advice given by the Seller shall create a warranty by the Seller or shall in any way increase the scope of
the warranty contained in (v) above and the Purchaser may not rely on any such information or advice.
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(ix)
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The Purchaser agrees to indemnify and hold the Seller free from and against any claim or liability arising out of the use of the Software.
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(x)
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In the event that any term, condition or provision herein contained shall be determined or shall be found to be invalid,
unlawful or unenforceable in whole or in part, such term, condition or provision shall be severed from the remaining terms,
conditions and provisions which shall continue to be valid and enforceable to the maximum extent permitted by law.
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(xi)
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The Contract shall be governed and construed in accordance with the law of Scotland.
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