END USER LICENCE AGREEMENT

PLEASE READ THIS CAREFULLY BEFORE USING WEBREPORTER

BY SIGNALLING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS YOU ACCEPT THESE TERMS AND CONDITIONS, INCLUDING THE LIMITED WARRANTY AND LIMITATION OF LIABILITY, BOTH ON YOUR OWN BEHALF AND ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT (HEREINAFTER ALL REFERRED TO AS “YOU”) AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE AGREEMENT. YOU SHOULD THEREFORE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING AND PROCEEDING TO USE WEBREPORTER.

LICENCE AGREEMENT AND LIMITED WARRANTY

  1. Limited Licence
    1. W K WEBSTER & CO. LTD AND THE W K WEBSTER GROUP OF COMPANIES (HEREINAFTER “THE COMPANY”) HEREBY GRANTS YOU, THE LICENSEE, A NONEXCLUSIVE, NON-TRANSFERABLE LICENCE TO USE ITS WEB-BASED MANAGEMENT SYSTEM COMMONLY KNOWN AS WEBREPORTER.
    2. Nothing in this End User Licence Agreement (“EULA”) shall be deemed to convey to You any rights, title or ownership interest in and to WebReporter and you shall have no rights thereto other than the right to use WebReporter under this EULA.
    3. If you attempt to use WebReporter in any way other than herein provided for then your licence is automatically terminated.
  2. Licence restrictions
    1. You may not sell, assign, rent out, or otherwise transfer this EULA or any right granted to You hereunder, whether on a temporary or permanent basis.
    2. You may not use, copy, modify or transfer WebReporter (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence.
    3. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on WebReporter, except as expressly permitted by law.
    4. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in WebReporter.
    5. You shall not take any action to remove, mutilate, modify, or otherwise change or delete and trademark, logo, copyright or other proprietary notice contained within WebReporter or any reports generated by WebReporter.
  3. Ownership and Intellectual Property
    1. WebReporter and related documentation are copyrighted works of authorship, and are also protected under applicable database laws. The Company retains ownership of WebReporter and any and all copies thereof, regardless of the form in which the copies may exist.
    2. Nothing in this EULA shall be deemed to convey to You any right, title or ownership interests in and to WebReporter.
    3. You retain all rights to and ownership of any information entered into or uploaded to WebReporter and the Company’s use thereof may be governed by separate agreement.
    4. All rights not expressly granted to You herein are fully reserved by the Company.
  4. Undertakings
    1. You undertake to hold all drawings, specifications, data (including object and source codes), software listings and all other information relating to WebReporter confidential and not at any time, during this licence or after its expiry, disclose the same, whether directly or indirectly, to any third party without the Company’s consent.
  5. Accessing and Availability of WebReporter
    1. Any login details provided to You for accessing WebReporter are for your Own use only and should not be shared with anyone.
    2. While the Company uses reasonable endeavours to ensure that WebReporter is secure, free from errors, viruses and other malware, information transmitted passes over public networks which are inherently insecure and the Company gives no guarantee or warranty in this regard.
    3. The Company makes no guarantee and accepts no liability for any disruption or non-availability of WebReporter at any time and for any duration, nor does it guarantee that WebReporter will operate effectively on any system used by You to access WebReporter.
    4. Technical support queries may be addressed to dev@wkwebster.com and we will endeavour to respond by the next business day.
    5. The Company reserves the right to suspend, withdraw, discontinue or change WebReporter or any part thereof and the then current version of this EULA shall continue to apply to that version of WebReporter as may be live at any point in time.
  6. Limited Warranty
    1. The Company warrants that it is the owner of all rights in and to WebReporter and agrees to indemnify You against any third party claim or action instituted against You for any alleged right infringement of such third party’s rights provided that The Company is immediately notified of any such claim in writing and is given the right to control and direct defence of the claim, with your full assistance and cooperation, including the option to defend or settle such claim.
    2. EXCEPT AS PROVIDED FOR ABOVE, THE COMPANY MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.
    3. You warrant that you are authorised to deal with, view and / or provide any documents and information that is available through WebReporter, either by virtue of it being your own information or because you are otherwise duly authorised and you acknowledge that you may be held liable for any unauthorised use of information available through WebReporter.
    4. You warrant that any information entered into or uploaded by You to WebReporter is accurate and complete and the Company shall have no responsibility for any inaccuracies or incompleteness of information provided or uploaded by You.
  7. Limitation of liability
    1. BY USING WEBREPORTER YOU TAKE FULL RESPONSIBILITY FOR YOUR OWN SECURITY AS WELL AS THAT OF YOUR SYSTEMS USED TO ACCESS WEBREPORTER AND YOUR PERSONAL INFORMATION AND THE COMPANY WILL INCUR NO LIABILITY FOR ANY LOSS OR CORRUPTION OF ANY DATA, DATABASE, HARDWARE OR SOFTWARE WHICH MAY ARISE FROM YOUR USE OF WEBREPORTER.
    2. THE COMPANY EXCLUDES ANY LIABILITY OR RESPONSIBILITY FOR ANY BUSINESS LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOST SAVINGS OR DAMAGES) AND ANY INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES OCCASIONED BY YOUR USE OF OR INABILITY TO USE WEBREPORTER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING.
    3. The Company shall have no liability for any damages of whatsoever nature as may arise as a result of incomplete or inaccurate information provided by or uploaded to WebReporter by You.
  8. Your statutory rights
    1. This licence gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this EULA and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to business, academic or government use) are not affected.
  9. Term
    1. This EULA and any licence granted hereunder is effective until terminated.
    2. In addition to any automatic termination of any right or licence granted to You as hereinbefore provided for, the Company reserves the right to terminate this EULA and any rights derived from it on thirty (30) days written notice.
    3. You may terminate this EULA at any time by requesting a termination of your access by emailing dev@wkwebster.com.
  10. Export
    1. You will comply with all applicable laws, rules, and regulations governing export of goods and information, including the laws of the countries in which the Materials were created. In particular, you will not export or re-export, directly or indirectly, separately or as a part of a system, the Materials or other information relating thereto to any country for which an export licence or other approval is required, without first obtaining such licence or other approval.
    2. You agree to comply with all requirements of data protection and privacy laws as may be applicable in England and Wales as well as in any country from which you access WebReporter and/ or upload any documents or information to it.
  11. General
    1. This EULA and any dispute which arises under it will be subject to and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to hear any and all disputes arising out of or in relation to the EULA.
    2. Any provisions of this EULA which require or contemplate performance after termination of this EULA, for any reason, shall continue to be of full force and effect notwithstanding termination of this EULA.
    3. Any clause in this Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Agreement shall not be affected by that deletion.
    4. The rights and remedies provided for in this EULA are not exclusive and are intended to operate in addition to any other rights and remedies which might be available at law.
    5. This Agreement constitutes the complete and exclusive statement of the Agreement between the Company and You with respect to your use of WebReporter and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
    6. If your use WebReporter is pursuant to an executed licence agreement, such agreement shall apply instead of this EULA.
    7. This EULA will not affect any other agreement which might be in place between the Company and You in respect of any services provided to You by the Company, even where your use of WebReporter is in connection with such other services as may be provided to You by the Company.
    8. Failure or neglect by either party to exercise any of its rights or remedies under this EULA will not be construed as a waiver of that party’s rights nor in any way affect the validity of the whole or part of this EULA nor prejudice that party’s right to take subsequent action.
    9. This EULA is personal to You and You may not assign, transfer, sub-contract or otherwise part with this EULA or any right or obligation under it without the Company’s prior written consent.
    10. Should you have any questions concerning this Agreement you may contact compliance@wkwebster.com