CopyMinder - Terms and Conditions of SaleBy using the CopyMinder software and logging into the CopyMinder Developers website you consent to the following terms and conditions of use. In this document, 'Microcosm' means Microcosm Limited and 'CopyMinder' means the CopyMinder software and services.
WarrantyAlthough Microcosm uses reasonable endeavours to ensure that the CopyMinder software and services are suitable for the tasks described on its web site and in its literature, all such software and services are provided "as is" without any warranty of merchantability or fitness for a particular purpose. Specifically, and without limitation, Microcosm does not warrant that CopyMinder is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. In no event shall Microcosm be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of CopyMinder, even if advised of the possibility of such damage.
Microcosm may make changes to the content, functionality and appearance of CopyMinder at any time and without notice.
Microcosm represents, warrants, and covenants to Licensee, and it is a condition of this Agreement, that:
CopyMinder does not and shall not violate or infringe upon or misappropriate any patent, copyright, trade secret, trademark, moral right or other intellectual property or proprietary right of any third party, and that the Licensed Software is and will remain free and clear of all liens, claims, encumbrances and other restrictions or rights of others
Web Site AvailabilityThrough the use of more than one web server, Microcosm has taken extensive precautions to ensure that end users of software protected by CopyMinder are able to run their software even if the primary CopyMinder web site is inoperable. However, Microcosm cannot guarantee that the service will be available at all times and Microcosm accepts no liability for any loss or damage caused by a loss of service.
Security and privacyMicrocosm takes the security and privacy of its systems and its customers' data very seriously and will investigate any attempt to misuse the systems and data with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
TerminationYou may terminate this agreement at any time by notifying Microcosm in writing and paying any outstanding monies due to Microcosm.
Microcosm may terminate this agreement without notice if you:
- Breach these terms and conditions, or
- Provide to a third party any information that would assist such a party in breaching the copy protection provided by CopyMinder.
- Fail to pay Microcosm any monies due for payment. In such an event, Microcosm reserves the right to progressively apply the following
- Stop your CopyMinder system from protecting any new programs.
- Stop you from using the web site (other than to pay).
- Stop new customer installations.
- Stop customers' programs from running.
- Unlock customers' programs (so their programs are no longer protected).
- Cease to provide any further CopyMinder service to you or your customers.
- Cease to trade. In such an event, Microcosm reserves the right to 'Unlock' your customers' programs (so their programs are no longer
copy protected). You will be deemed to have ceased trading if:
- Microcosm are officially notified that this is the case, or
- If you do not use the CopyMinder system and do not contact Microcosm and Microcosm are unable to get a response from you be email, telephone or mail for a period of 30 days.
- You must cease to use the CopyMinder software and services.
- You must pay Microcosm any monies due.
- Microcosm may cease to provide the CopyMinder service to you and your customers and may 'Unlock' your customers' programs (so their programs are no longer copy protected). If you terminate the agreement and any outstanding monies have been paid, you will have the choice of unlocking or disabling any installed copies of your software protected by CopyMinder.
Trade mark and copyright noticesCopyMinder is a trademark of Microcosm.
All website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are copyright Microcosm.