Privacy Policy & Licence Agreement/EULA

Privacy Policy

Creative Edge Software LLC (hereafter CES) is committed to safeguarding and respecting the privacy of our clients and visitors to this website. The Data Protection Act 1998 requires us to deal fairly with any information that we collect from you whilst you visit this website. Our Privacy Policy, outlined here, will describe what we will do with this information and with whom it might be shared and under what circumstances. Please note this policy will be updated periodically and without notice. We encourage frequent visitors and clients to return to this page periodically to be aware of any changes.

Version 1.0 Last Updated 20th May 2013

What information we collect and how it is used

We collect standard server log information about visitor numbers, location and pages they visit. We also collect data using Google Analytics code. This does not identify specific users and is used purely to help us understand general user behaviour and preferences. CES will make no attempt to track or identify individual users, except where there is a reasonable suspicion that unauthorised access to systems has or is being attempted. In the case of all users, CES reserves the right to attempt to identify and track any individual who is reasonably suspected of trying to gain unauthorised access to the CES website, server of any related services.

We may use information that we collect from you, from our contact or enquiry form, emails or phone calls:

  • To provide information to you that you request from us relating to our products or services.
  • To provide information to you relating to other products that may be of interest to you, depending on the nature of the enquiry or communication.
  • To inform you of any changes to our website, services, goods or products.

If you are an existing or previous client we may provide to you with details of similar goods or services, or other goods and services that you may be interested in.

We will not sell, distribute or lease your personal information to any third parties unless we are required to do so by law or if we have your permission. We use your personal information purely so that we can personalise our service towards you.

For people applying for positions at CES, we will only use the information given to process their job application and we may use it to monitor recruitment statistics.

The use of Cookies

Cookies are small pieces of code that are stored on a user’s computer, for the sole purpose of making the website work efficiently or collecting statistical data. Any data we collect preserves the anonymity of the user. This website uses the WordPress content management system and as such requires the use of cookies for users to login to the admin area and also when people leave comments – specifically their name, email address and URL. This is purely a convenience, so that the visitor will not need to re-type all their information again when they want to leave another comment. You can easily remove cookies from your computer yourself at any time, and options to manage cookies are usually found in either Privacy or Options tabs within preference panels accessed from your browser’s main menu. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

Links to other websites

This website may contain links to third-party websites. We take no responsibility for the protection and privacy of any information which you provide whilst on these sites.

Complaints and Contact Details

If you wish to complain, provide comments or contact us in any way then please email us at info@creativeedgesoftware.com or phone 07795 298787.

 

Licence Agreement/EULA

 

END USER LICENSE AGREEMENT

BY YOUR USE OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,  UNDERSTAND  IT, AND AGREE TO BE BOUND BY ITS CONTENTS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN C.E.S AND YOU AND SUPERSEDES ALL PRIOR REPRESENTATIONS OR AGREEMENTS, ORAL OR WRITTEN, BETWEEN C.E.S AND YOU REGARDING THE SUBJECT MATTER OF THIS AGREEMENT.

This Agreement also covers software owned by third parties. If no license or specific terms and conditions are presented for acceptance the first time that third party software is invoked, then the use of that third party software will be governed by this Agreement.

If You are not willing to comply with the terms and conditions of this Agreement, do not use the Software. You should promptly return the Software to C.E.S or its authorized reseller.

1. Definitions

Affiliate – means a company controlled by, controlling or under common control with a company.

Agreement – means this End User License Agreement.

Authorized Functionality – means the functionality of the Software which you are authorized to use and which is set forth in the Order Document.

Authorized Number of Users – means the number of users authorized to use the Software as set forth in an Order Document.

C.E.S – means Creative Edge Software LLC, having its registered office at 160 Greentree Drive, Suite 101, Dover, Delaware, USA. or the Affiliate of C.E.S that fulfilled Your Software order.

Client Seat – means any computer system, software application, or service that can access and run a program window. This includes, but is not limited to, PCs, work-stations, terminals, Terminal Services Clients, virtual PCs and servers.

Data – means the samples, resources, models, drawings, schedules, and other technical and commercial documents delivered to You for use in connection with the use of the Software.

Embedding or Embedded – means the process of combining several electronic documents into one logical group, being a new electronic document, or being a collection of electronic documents where one or more of the documents has a reference to one or more of the other documents in the group. Un-embedding means the process of removing part of the electronic documents out of the logical group.

Object Code – means work in a machine readable form that is not convenient to human understanding of the program logic, and that can be executed by a computer using the appropriate operating system without compilation or interpretation. Object Code specifically excludes Source Code.

Open Source License Terms – means any terms or conditions which meet the definition of Open Source found at

http://www.opensource.org/docs/osd.

Order Document – means a quote, order confirmation and any other document(s) provided to You by C.E.S which sets forth the Software product or products licensed to you under this Agreement and the Usage Restrictions applicable to that Software.

Pre-release Version of the Software – means the pre-release version of the Software that is made available by C.E.S prior to general commercial release. The Pre-release Version will be accompanied with preliminary documentation.

Proof Of Ownership – means any identification that is added to or into electronic documents that allows a human or a piece of software to contact the owner of the item.

Software – means the machine-readable form of software and related manuals and documentation (in hard copy only), including C.E.S software and other third party software, licensed under this Agreement.

Source Code – means work when written in a form or language understandable to humans, generally in a higher level computer language, and further including embedded comments in the English language.

Subscription Period – means the period during which the Software may be used by You as set forth in an Order Document in the event that the Software license is granted to You on a Time Limited, non-perpetual basis.

Time Limited – means that C.E.S has authorized Your use of the Software for a specific, less than perpetual, period of time.

Usage Restrictions – means the Authorized Number of Users, Authorized Functionality and other usage parameters set forth in an Order Document.

You – means the entity on behalf of which this license was purchased or otherwise rightfully obtained.

2. Grant of License

This license may be a Perpetual License, a Time Limited License, a Trial License, or a Pre-Release License. Unless otherwise agreed between You and C.E.S in an Order Document, your license is a Perpetual License. You are granted a non-exclusive and non-transferable license to use the Data.

Perpetual License: You are granted a non-exclusive, non-transferable, Perpetual License to use the Software in object code only.

Time Limited License:  If the license is granted on a Time Limited License basis, then during the Subscription Period, You are granted a non-exclusive, non-transferable, Time Limited License for the Subscription Period only, to use the Software in object code.

Trial License: If the license is granted as a Trial License, You are granted a non-exclusive, non-transferable, Trial License to use the Software in object code, on one Client Seat only, for a trial period of the duration set forth in the Order Document. If no period is set forth, the trial period will be 15 days.

Pre-release License: If You are granted a license for the Pre-release Version of the Software, You are granted a non-exclusive, and non-transferable license to use the Software in object code only for Your internal testing and evaluation purposes to determine the suitability of the Software for performing the functions described in the accompanying preliminary documentation.

Perpetual and Time Limited Licenses are granted conditioned on payment, unless otherwise agreed upon in writing between You and C.E.S. Unless otherwise permitted in writing, Perpetual and Time Limited Licenses are granted only for Your own use for internal business purposes in accomplishing the functions described in the accompanying documentation.

3. Limitations on Use

You may use the Software concurrently only on as many Client Seats as are listed in Your Order Document. You will not sell, license, sublicense, assign, transfer, lease or rent the Software. You may not modify or translate the Software. If the Software is provided with or as part of a specific product or device, You may not remove the Software from that product or device, and You may not use any portion of the Software separately from or independent of that product or device. You will not reverse engineer, decompile, or disassemble the Software or otherwise attempt to discover the Source Code of the Software except to the limited extent expressly allowed by non-waivable provisions of applicable law. You will not tamper with, bypass or alter the security features of the Software either to circumvent the technical licensing protections, to make it available for use by more Client Seats than permitted hereby, or to discover the Source Code. If you receive an upgrade or update of a prior version of the Software you now may use the original software or the upgraded or updated product, not both. Unless otherwise permitted in writing, You may not use, or permit others to use, the Software for or on behalf of any third party, to run an outsourcing business, or for any purpose other than Your internal business purposes.

You may edit the Data without any restrictions. But you may not delete or change any Proof of Ownership data. The same Usage Restrictions will apply to any form of the edited Data.

The Software includes license management routines. You consent to their use. If the Software is installed on a wide area network serving more than one location of Your business, You are responsible for ensuring that the Software is not accessed and used by more than the authorized number of users or locations, either by means of technical user or administrative credentials even if the license management routines do not prevent that use.

4. Limitations on Duplication

You will not make any copies of the Software. But You may make one complete copy of the Software solely for back-up purposes, if use of that back-up copy is discontinued when replacement Software becomes available and if the back-up copy is not otherwise installed or used on any computer. Any permitted copy will contain copyright and other proprietary notices as designated by C.E.S or its third party licensors. You are allowed to make any copies of the Data, to the extent that duplication is necessary for Your internal business purposes. You are allowed to distribute copies of the Data to any third party if the Data is Embedded into electronic documents, for the purpose of using the Data to print and view the documents. Any third party that receives Embedded Data does not have the right to un-Embed or modify the Data, or create new electronic documents using the received Embedded Data.

5. Ownership and Copyright

The source code of the Software is not provided. You have not acquired, by virtue of this Agreement, any right of ownership in or to the Software or any related patent, copyright, trademark, trade secret or other intellectual property right. The Software and all intellectual property rights in it are and will at all times remain the property of C.E.S and/or its third party licensors. You will not remove any proprietary notice or other legend from the Software and You will reproduce those notices and legends on any copies or partial copies that You are permitted to make. All intellectual property rights in the Data are and will at all times remain the property of C.E.S or its third party licensors.

 

6. Warranties and Limitation of Liability

C.E.S warrants for a period of 90 calendar days, or, for Time Limited licenses, during the Subscription Period, in the event that the Subscription Period is less than 90 calendar days, after delivery that the Software will perform substantially in accordance with the accompanying user documentation, if the Software is used under normal operation and maintenance conditions and used as directed in the documentation. No warranty is given for trial license Software. The warranties set forth in this Agreement will not apply if defects arise out of accident, neglect, misuse, failure of utilities, equipment failures, or other than ordinary use of causes beyond C.E.S’s control. Any modifications to the Software by any persons other than C.E.S will void the warranty described in this Agreement and cause an event of default under this Agreement.

C.E.S’s sole obligation will be to cause the Software to substantially conform to its documentation (to the extent technically and reasonably possible and on the condition that the error is reproducible) by amending or updating the Software or supplying an alternative version of the product in which it is embedded. In the event that C.E.S is unable to bring the Software into compliance with the warranty, You may return the Software to C.E.S and You will be entitled to recover, as Your sole and exclusive remedy, the fees paid for that non-complying Software, and depreciated in accordance with standard accountancy practices.

Certain third party software may be provided with the Software.

ALL THIRD PARTY SOFTWARE, DATA, SOFTWARE LICENSED UNDER THE TRIAL LICENSE SECTION AND PRE-RELEASE VERSIONS OF THE SOFTWARE ARE SUPPLIED BY C.E.S ON AN AS IS BASIS WITHOUT CONDITION OR WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY  OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, EITHER EXPRESS OR IMPLIED.

Any editing, modification or Embedding of the Data done by You is done entirely at Your own risk.
C.E.S reserves the right to make any modifications to the Pre-release Software it deems fit at any time.

THE WARRANTIES AND C.E.S’s LIABILITY DESCRIBED IN THIS AGREEMENT ARE C.E.S’s EXCLUSIVE OBLIGATIONS AND YOUR EXCLUSIVE REMEDIES. THEY ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO OTHER WARRANTIES, REMEDIES, OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARE MADE OR GIVEN BY C.E.S. NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, IS MADE EXCEPT AS SET FORTH IN THIS AGREEMENT. C.E.S EXPRESSLY DISCLAIMS (AND YOU ACKNOWLEDGE THAT IT DISCLAIMS) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL C.E.S BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR  PROFITS, WHETHER CLAIMED BY REASON OF BREACH OF WARRANTY OR OTHERWISE, AND WITHOUT REGARD TO THE FORM OF ACTION IN WHICH THAT CLAIM IS MADE. ANY ACTION ARISING AGAINST C.E.S MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION FIRST ACCRUES. THE AGGREGATE TOTAL OF ALL LIABILITIES OF C.E.S UNDER THIS AGREEMENT WILL IN ANY CASE BE LIMITED TO THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE.

7. Infringement and Limitation

In the event of a claim that the Software infringes upon or violates any worldwide patent, copyright, trademark, trade secret or other intellectual property right, C.E.S will defend or settle at its option and expense that claim, subject to the limitations provided for under this article and article 6 of this Agreement. If the Software, or any part of it, is held to constitute or is alleged to constitute an infringement and the use of that Software is enjoined, C.E.S may, at its sole option, (i) obtain the right for You to continue using the Software or (ii) substitute the Software with other non-infringing software with similar functionalities, (iii) modify the Software so that it is no longer infringing while giving substantially similar functionality. If those remedies are not commercially reasonably available to C.E.S, C.E.S may terminate the license for the affected portion of the Software and refund an equitable portion of the price or license fee paid for these items and depreciated in accordance with standard accountancy practices. C.E.S will be subject to the foregoing obligations only if C.E.S is given prompt written notice of that claim. You will fully cooperate with C.E.S in the defense of that claim, if requested by C.E.S and at C.E.S’s expense for Your out of pocket costs. C.E.S will have no liability for infringement claims if the alleged infringement is based on or arises from (i) the modification of the Software by anyone other than C.E.S, (ii) use of the Software in a manner that is inconsistent with the documentation, (iii) use of the Software in connection or in combination with the product of a third party if that combination caused the infringement or (iv) use of other than the most current release of the Software.

The total liability of C.E.S arising out of any infringement claim will in no event exceed the lesser of the fees paid by You to C.E.S for the infringing Software item or an amount of $50,000.00 US. The foregoing states C.E.S’s entire liability and Your exclusive remedy for any claim of infringement or misappropriation.

8. Export and United States Government Restrictions

You may not export or re-export the Software or Data in violation of any applicable laws or regulations including but not limited to those of the United States of America and the United Kingdom. In addition, if the Software or Data is identified as export controlled items under the export laws of the United States of America or the United Kingdom, You represent and warrant that You are not a citizen, or otherwise located within, an embargoed nation and that You are not otherwise prohibited under applicable export laws from receiving the Software. Moreover if Your acquisition of the Software or Data is subject to the laws of the United States of America, You represent and warrant that You will comply with any specific restrictions and regulations that might be applicable to all contracts or agreements (including but not limited to the reproduction of the “restricted rights proprietary notices and/or legends) concluded with the United States government or its agents and representatives. All rights to use the Software or Data are granted on the condition that those rights are forfeited if You fail to comply with the terms of this Agreement.

9. Term and Termination

Each license granted hereunder is effective from the earlier of the date provided in an Order Document or date of activation of the Software. Unless earlier terminated by You or C.E.S, the license will remain in effect until expiration of the license as set forth below unless another period is provided in an Order Document.

• If the license is granted on a Time Limited license basis, the term of Your license will be the Subscription Period.

• If the license is granted on a trial license basis, the term of Your license is fifteen (15) days.

• If the license granted is for a Pre-release  Version of the Software, Your right to use the Pre-release Version of the Software expires automatically after a period of twelve weeks.

Your rights under this license will terminate automatically if You fail to cure any breach within thirty (30) days of receipt of written notice. But if the breach is of an obligation that cannot be remedied, termination will be effective immediately upon notice from C.E.S. C.E.S may immediately suspend your use of the Software through technological means or by instructing to cease all use, if you fail to make payments when due. If You lose Your hardware or software security key(s) that are provided with the Software, this Agreement will likewise terminate immediately. Upon the termination of this license, You will cease all use of the Software and return or destroy all copies, full or partial, of the Software, as will be instructed to You, on a case-by-case basis, by C.E.S. C.E.S may, in its sole discretion, provide replacement Software if the original Software is lost, stolen, or corrupted. You agree to only use the replacement Software or, if found or rendered usable, the original Software. You will not otherwise dispose of the replacement or original Software.

10. Open Source License Terms

If any part of the Software is subject to any Open Source License Terms, as indicated by separate Open Source License Terms provided with the Software, the use and the license of that part of the Software will be subject to those Open Source License Terms. In the event of any contradiction or uncertainty between the license terms contained in this Agreement and the Open Source License Terms with respect to the portions of the Software governed by Open Source License Terms, the applicable Open Source License Terms will prevail.

11. Applicable law and competent jurisdiction

This Agreement will be governed by the laws of the State of Delaware, United States of America, and any disputes arising out of this Agreement will be brought before the courts of Delaware, and You consent to that venue and agree not to challenge it. C.E.S may seek interim or injunctive relief in any court of competent jurisdiction. . All disputes arising out of or in relation with this software license agreement will be finally settled under the CEPINA Rules of Arbitration by one or more arbitrators appointed in accordance with those Rules and as supplemented by this Article 11. The arbitral tribunal will be composed of one or three arbitrators. The seat of the arbitration will be Minneapolis. The arbitration will be conducted in the English language, unless the parties agree to conduct the arbitration proceedings in another language. The substantially prevailing party will be entitled to its attorney’s fees, costs and expenses, and to the arbitrator’s fees, paid by it. The arbitral award will be final and binding and the enforcement of the arbitral award will not be challenged under any jurisdiction. Without prejudice to the foregoing, C.E.S will be entitled to bring an action against You before the courts of London, UK or before the courts of any country where You are established or reside or any country where an infringement or misappropriation occurs if the action concerns the collection of a pecuniary debt or the protection or enforcement of C.E.S’s intellectual property rights or in the event You are established or reside in a country which is not a party to the United Nations Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. The English version of this Agreement will prevail over any version translated into another language. This Agreement will not be governed by the conflict of law rules of any jurisdiction or by the United Nations Convention on contracts for the International Sale of Goods, the application of which are explicitly excluded.