End User Licence Agreement

In this End User License Agreement (‘EULA’), “we” and “us” refers to Greenhill Software of The Studio, Greenhill Lane, Lower Whitley, Near Warrington WA4 4JE and “the Software” means any part of any software provided by us or made available at our website www.printfortrial.com (“the Site”)

PLEASE READ THIS EULA CAREFULLY. BY CLICKING ‘I AGREE’ OR INSTALLING THE SOFTWARE OR ANY PART OF THE SOFTWARE YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT PROCEED WITH THE INSTALLATION AND DO NOT USE THE SOFTWARE.

1. Intellectual Property Rights

The Software and all materials (whether printed or otherwise and including, without limitation any logos, images, source code, instructions and publicity material) associated with the Software (“the Materials”), and all copies of the Software and the Materials, are protected by copyright, trade mark, trade secret and other intellectual property laws and international treaty provisions. All intellectual property rights in the Software and the Materials and any copies of the Software or the Materials in whatever medium are owned by us. You are not granted any rights to or in the Software and/or the Materials or any copies thereof except as provided by the terms of this EULA.

2. Trial Period

The Software is currently available as a free download which you may install and use, in accordance with the terms of this EULA, for evaluation purposes. When the Software is installed and used for evaluation purposes, the print functionality of the Software is restricted to a total number of 20 occasions after initial installation. The period between initial installation of the Software for evaluation purposes and the twentieth occasion when the print functionality of the Software is used after such installation is referred to in this EULA as “the Trial Period”. You may download, install and use the Software during the Trial Period only in accordance with the terms of this EULA.

3. Extended Trial Period

We may, from time to time and in our absolute discretion, extend any Trial Period (whether by permitting the print functionality of the software to be used for a further, specified number of occasions, or howsoever) and/or make the Software available to download, install and use for evaluation purposes without a restriction on the number of occasions on which the print functionality of the Software may be used but only for a time-limited period running from the time when the Software is first installed. Where the scenario(s) described in this paragraph apply, the period between the initial installation of the Software and the last of the further permitted occasions when the print functionality of the Software is used or the expiry of the time-limited period (as the case may be) is referred to in this EULA as an “Extended Trial Period”. You may download, install and use the Software during any Extended Trial Period only in accordance with the terms of this EULA.

4. Registration

Use of the Software after expiry of the Trial Period or any Extended Trial Period is only permitted upon registration of your installation of the Software.

 Registration of the Software is available upon payment by you and acceptance by us of a non-refundable annual subscription fee at the applicable rate (“the Subscription Fee”). The rate of the Subscription Fee may vary according to the method of payment and/or according to the total number of users by whom your installation of the Software may be used once it has been registered. The appropriate rate of the Subscription Fee applicable at any given time will be available on the Site.

As part of the registration process, information regarding the version numbers of Windows and Outlook relating to your installation of the Software, together with the email address(es) and/or the domain name of the user(s) in respect of whom registration is effected is collected and stored on our servers. By registering your installation of the Software you agree that we may collect and retain this information and use it for our business purposes. We will treat any such information as confidential and we will not share it or divulge it to any third party unless required to do so by law.

Registration of the Software will entitle you to use the Software in accordance with this EULA, and without the restriction of the print functionality of the Software applicable during the Trial Period or any Extended Trial Period, for a period of 12 months beginning with the time that the Subscription Fee is received by us (“the Subscription Period”). You may renew your registration of the Software for a further Subscription Period by payment of another Subscription Fee at the rate applicable at the time that the subsequent payment falls due.

Registration of the Software will also entitle you to download and install any updated version of the Software which is made available by us during the relevant Subscription Period and to use such any such updated version in substitution only for any earlier version, and in accordance with the terms of this EULA, until the expiry of the relevant Subscription Period. As set out in clause 7 of this EULA, we will use our best endeavours to provide technical support in relation to the Software to you by email during any Subscription Period for which you have paid the Subscription Fee in advance.

Registration of your installation of the Software for any Subscription Period is only valid in respect of the number of users and/or personal computers for which the appropriate Subscription Fee has been paid by you and accepted by us.

5. License

Greenhill Software grants you, for the duration only of the Trial Period or any Extended Trial Period or the Subscription Period (as the case may be) a personal, non-exclusive, non-sub-licensable and non-transferable licence to install and use the Software strictly limited to use in accordance with the conditions set out below.

During the Trial Period or any Extended Trial Period you may install and use the Software on a single personal computer.

If you register your installation of the Software as an individual, you may install a copy of the Software on up to two personal computers for your personal use (with or without different email addresses) at any one time within the Subscription Period. Once the Software has been installed on two personal computers, if you then wish, within the currency of that Subscription Period, to use the Software on a new or different personal computer, you may do so, but only after you have de-registered the installation of the Software on one of the personal computers in respect of which the registration was previously effected (and after you have subsequently uninstalled and deleted the software from that personal computer). You may then, free of charge, re-register a new installation of the Software on a new or different personal computer and that new installation of the Software may then be used by you for the remainder of the Subscription Period for which the Subscription Fee has already been paid.

You may, within the currency of a Subscription Period and in accordance with the terms set out in the above paragraph, change the personal computer(s) on which the Software is installed as many times as you wish, provided that the Software is installed on no more than two personal computers at any one time.

If you register your installation of the Software as or on behalf of an organisation, you must specify at the time of registration the maximum number of users who will use the Software during the Subscription Period and pay the Subscription Fee applicable for registration of the Software for that number of users. You may then install the Software on any number of personal computers within your organisation up to the maximum number of users for which the Subscription Fee has been paid. Once the Software has been installed on the number of personal computers corresponding the to the maximum number of users for which the Subscription Fee has been paid, if you then wish, within the currency of that Subscription Period, to install the Software on a new or different personal computer or make the Software available for use by a new or different user, you may do so, but only after you have de-registered the installation of the Software on one of the personal computers in respect of which the registration was previously effected (and, in the case of your wishing to install the Software on a new or different computer, only after you have subsequently uninstalled and deleted the software from one of the personal computers in respect of which registration was previously affected). You may then, free of charge, re-register a new installation of the Software on a new or different personal computer and/or re-register a previous installation in respect of a new or different user and that installation of the Software may then be used for the remainder of the Subscription Period for which the Subscription Fee has already been paid.

If you register your installation of the Software as or on behalf of an organisation, you may, within the currency of a Subscription Period and in accordance with the terms set out in the above paragraph, change any of the personal computer(s) on which the Software is installed and/or make the Software available for use by a new or different user as many times as you wish, provided that the total number of users to whom you make the Software available for use and/or the total number of personal computers on which the Software is installed does not at any time exceed the maximum number of users in respect of which a Subscription Fee has been paid.

If you register your installation of the Software as or on behalf of an organisation, you are responsible for ensuring that any use of the Software on any computer under the control of your organisation by any employee, contractor, agent or consultant of or to your organisation is at all times strictly within the terms of this EULA.

Any use of the Software after the expiry of the Trial Period, or any Extended Trial Period or Subscription Period is not permitted without registration, or renewal of registration, of your installation of the Software and, in the absence of registration or renewal of registration of your installation of the Software, you must uninstall and delete the Software from your computer or computers within 14 days of any such expiry.

A Subscription Fee is strictly non-refundable. Once a Subscription Fee for a particular Subscription Period has been paid by you and accepted by us, any de-registration by you of an installation of the Software at any time within the currency of a Subscription Period, whether or not you choose to re-register a new installation of the Software or to re-register an existing installation for use by a new or different user within that Subscription Period, will not entitle you to a refund of that Subscription Fee or any part thereof, whether on a pro rata temporis basis or howsoever.

6. Restrictions

You may not copy, reverse engineer, decompile or disassemble the Software except to the extent and in the circumstances permitted by any enactment under applicable law under which the right to do so may not be excluded by contract.

You may not rent, lease, lend, share, sub-license, assign, electronically transmit or receive or distribute copies of the Software.

You may not translate, adapt, alter or modify the Software, nor may you create derived works based on the Software.

You may not lend, share, transfer, charge, assign or otherwise deal with any of your rights to use your installation of the Software otherwise than in accordance with the terms of this EULA without our express prior permission in writing.

If the Software is provided to the United States of America, its agencies and/or instrumentalities (“the US Government”), it is provided with Restricted Rights as ‘Commercial Items’, consisting of ‘Commercial Computer Software’ and ‘Commercial Computer Software Documentation’ and the US Government shall have only the rights set out in this EULA.

7. Technical Support

We are committed to the long-term development and improvement of the Software and we always welcome feedback and queries, whether they relate to use of the Software during a Trial Period, Extended Trial Period or Subscription Period. We will use our best endeavours to provide technical support timeously by email in relation to any registered installation of the Software during a Subscription Period in respect of which a Subscription Charge has been accepted by us. Nevertheless, whilst we will always try and do our best to help, we make no warranties as to the timing, accuracy or efficacy of any response by us to any query or request for technical assistance in relation to the Software.

Any information which may be provided to us by you in the course of your seeking technical support may be retained and used by us use for our business purposes. We will treat any such information as confidential and we will not share it or divulge it to any third party unless required to do so by law.

8. Disclaimer of Warranty

Although we use commercially reasonable efforts to ensure that the Software is virus and error free, the Software and the Materials are provided on an “as is” basis. We do not warrant that the Software will be available at all times, nor that is free from errors, viruses or other potentially harmful code. To the maximum extent permitted by applicable law, we expressly disclaim any warranty of any kind in respect of the Software and/or the Materials, whether express or implied, including, without limitation, any implied warranty as to merchantable or suitable quality, fitness for a particular purpose or non-infringement. Nor are any warranties created or to be implied by any course of dealing, business efficacy or as a result of any representation whenever, howsoever or by whomsoever made.

9. Limitation of Liability

Our liability to you in contract, tort (including negligence) or otherwise is limited to the amount of the most recent Subscription Fee paid by you to us or to the sum of £20 sterling, whichever is the greater. To the maximum extent permitted by applicable law, we hereby disclaim any liability for any consequential, incidental, indirect or special damages or any pecuniary loss whatsoever, including, without limitation, any damages for loss of profit (whether direct or indirect), loss of data, loss of emails, loss of goodwill or for disruption to or loss of use of any hardware, software or service arising out the use of or the inability to use the Software or from any provision or failure to provide technical support, whether or not we have been advised of the possibility of such loss.

None of the limitations or exclusions above are intended to exclude liability for death or personal injury caused by our negligence, nor to exclude or affect your statutory rights in the event that you are dealing with us as a consumer.

10. Indemnity

You hereby agree to indemnify us in respect of all and any claims or demands made against us by any third party arising out of your use of the Software or your breach of the terms of this EULA, and to indemnify us in respect of any damages, losses and costs (including reasonable legal costs), incurred by or suffered by us as a result of or in connection with any such claim or demand.

11. Termination

We may terminate this EULA immediately upon breach by you of any of its terms, in which event we will inform you of such termination you must de-register (if applicable), cease to use, uninstall and delete all copies of the Software. You may terminate this EULA at any time within the Trial Period or any Extended Trial Period by ceasing to use, uninstalling and deleting all copies of the Software. You may terminate this EULA at any time during a Subscription Period by giving notice to us, de-registering your installation of the Software and then ceasing to use, uninstalling and deleting all copies of the Software.

In the event of termination of this EULA by either party for any reason, you will not be entitled to a refund of any Subscription Fee or any part thereof, whether on a pro rata temporis basis or howsoever, and the provisions of this paragraph and clauses 8, 9 and 10 of this EULA will continue in force beyond such termination.

12. Changes to this EULA

We reserve the right to change or revise any of the terms of this EULA at any time. Any such change or revision shall take effect upon the posting of the same on the Site. If you have registered your installation of the Software, we will also notify you of any such change or revision during the currency of the Subscription Period by sending you a copy of the revised EULA by email.

13. Third Parties

Nothing in this EULA is intended to confer any benefit on any third party and it is not intended that any term of this EULA shall be enforceable by any third party.

14. Severability

In the event that any of the terms of this EULA is unenforceable, invalid or void under any applicable law, such unenforceability or invalidity shall not render the EULA unenforceable or invalid as a whole and the remaining terms of this EULA shall continue to have full force and effect.

15. Entire Agreement

This EULA constitutes the complete and exclusive agreement between you and us and its terms supersede any prior agreements and/or representations, whether written or oral, relating to the Software or the subject matter of this EULA.

16. Governing law and jurisdiction

This EULA is governed by English law and the English courts shall have exclusive jurisdiction.

© Greenhill Software 2011