Policies and Terms

Our License Agreement

1 INTRODUCTION

1.1 This Licence Agreement (“Agreement”) is an agreement between you and MJL Software. Please read these terms and conditions carefully before Installing SuperCare3 software and applicable documentation as they contain important information about your rights and obligations. It governs your use of the software ("the Software") supplied to you MJL Software and related documentation. In particular, we draw your attention to clause 8 (limitation of liability).

By installing or otherwise using the Software you agree to be legally bound by this Licence Agreement as it may be modified and posted on our website from time to time.

1.2 If you do not wish to be bound by this Agreement, then you may not Install or use the Software.

2 LICENCE

2.1 Specific conditions of use which apply to the type of licence you have acquired from MJL Software are:

2.1.1 Evaluation Licence for non-chargeable Software: You may use the Software freely within your organisation to access whether it meets your needs.

2.1.2 Evaluation Licence for chargeable Software: You may use the Software within your organisation to access whether it meets your needs for a period of up to 14 days from its supply to you. At the end of this period, if you do not purchase another licence from MJL Software you must destroy all copies of the Software supplied to you, including copies installed on any computer, and all related documentation.

2.1.3 End-User PC Licence:

(a) With a single End-User PC Licence you may install and use one copy of the Software on a single computer. You may not share the licence between different computers, nor install it on a server based computer, nor use the Software on more than one computer at the same time. As a special exception, the primary user of the Software may make a second copy for his or her exclusive use on either a home or portable computer.

(b) In addition to the above, if you have bought a licence for a number of concurrent users you may install the Software on any number of computers at one single physical (geographical) location notified to MJL Software provided it is used on no more computers than that number of licensed users at any one time.

2.1.4 Unix/Windows Server Licence: *

(a) With a "Server Edition" product you may install the Software on the hard disk and execute in RAM memory on a single server or client PC machine and use the Software to serve no more than the licensed number of users simultaneously networked to that single computer.

(b) With a "Webserver Edition" product you may install the Software on the hard disk and execute in RAM memory on a single server machine and use the Software to serve any number of simultaneous network connections to that computer.

2.1.5 Site Licence: You may install and use the Software on any number of computers or terminals located at the single physical (geographical) location notified to and agreed by MJL Software

2.1.6 Developer Licence:

Not Applicable

2.1.7 Developer Distribution Licence:

Not Applicable

3 RESTRICTIONS ON USE

3.1.1 You may make a reasonable number of copies of the Software solely for backup and recovery purposes. Any such copies shall in all respects be subject to the terms and conditions of this Agreement.

3.1.2 You shall not make copies of the Software additional to those expressly permitted in this Licence Agreement.

3.1.3 You shall not copy any written documentation accompanying the Software.

3.1.4 You shall not remove or obscure any copyright and trademark notices or other proprietary notices relating to the Software. All notices must be duplicated as it appears on the Software on all authorised copies.

3.1.5 You shall not reverse engineer, decompile or disassemble the Software except to the extent expressly permitted by any applicable local laws which may over-rule this restriction.

3.1.6 You may not distribute any portions of the Software to any third party except under the terms of a Developer Distribution Licence if you have acquired such a licence from MJL Software

3.1.7 You may not rent or lease the Software but you may transfer the Software and accompanying documentation on a permanent basis provided that (i) you retain no copies and (ii) the recipient agrees to the terms of the Licence Agreement you are transferring and (iii) you notify MJL Software of the transfer in writing.

3.1.8 You shall not use the Software in any way other than in a manner specifically licensed under this Agreement.

3.1.9 You shall not display the Software on a public bulletin board, website, chat room or by any other unauthorised means.

4 INTELLECTUAL PROPERTY RIGHTS

The copyright, patents, trade marks and all other intellectual property rights in the Software and related documentation are owned by and remain the property of MJL Software or its suppliers and are protected by national laws and international treaty provisions. You do not obtain any rights in the Software other than those expressly granted in this Agreement.

5 TERMINATION

This Agreement is effective until terminated. This Agreement will terminate automatically if you fail to comply with any provision of this Agreement. Upon notice of termination from MJL Software you shall destroy the documentation and all copies of the Software promptly.

6 UPDATE POLICY

MJL Software may create, from time to time, updated versions of the Software. MJL Software will make any such updated versions available to licensees who have paid the update fee. If you acquire an updated version of the Software then all copies of the previous version must be destroyed and not used, except for one copy which may be retained solely for archival purposes.

7 WARRANTY

7.1 Subject to the limitations upon its liability set out in clause 8, MJL Software warrants that:

7.1.1 for a period of 90 days from you purchasing the Software, it will materially conform to the electronic documentation provided with it; and

7.1.2 with respect to any physical diskette(s), the same shall be free from defects in materials and workmanship for a period of 90 days from purchase.

7.2 In the event of notification within the warranty period stated in clause 7.1, MJL Software shall replace the defective Software and/or diskette(s). Your remedy for breach of the warranties set out in clause 7.1 shall be limited to replacement of the defective materials and shall not encompass any other damages.

7.3 Save as stated herein, MJL Software expressly disclaims all other conditions, warranties, terms and undertakings, expressed or implied, statutory or otherwise, relating to the Software and related documentation or technical support including but not limited to warranties of quality, performance, satisfactory quality or fitness for a particular purpose.

8 LIMITATION OF LIABILITY

8.1 Nothing in this Agreement shall limit MJL Software liability for:

8.1.1 fraud or other criminal act;

8.1.2 personal injury or death caused by our negligence;

8.1.3 any other liability that cannot be excluded by law.

8.2 Subject to clause 8.1, MJL Software accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, anticipated savings or business, however caused and even if foreseeable or made known to MJL Software

8.3 Except as provided in clause 8.1, MJL Software  maximum liability to you for any cause whatsoever will be limited to the amount paid for the Software.

9 SEVERABILITY

If a Court or other competent authority decides that any provision of this Agreement is void or otherwise ineffective in whole or in part then any other part and the other terms and conditions of this Agreement shall continue in full force and effect.

10 THIRD PARTY RIGHTS

The parties do not intend that any term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.

11 ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements, arrangements or undertakings between the parties relating to the subject matter of this Agreement and any representations or warranties previously given or made to it.

12 ASSIGNMENT

You may not assign this Agreement nor any of its rights or obligations hereunder nor sub-license the use (in whole or in part) of the Software without MJL Software prior consent.

13 NOTICES

13.1 All notices shall be given:

13.1.1 to MJL Software via e-mail at mike@supergallery.co.uk;

13.1.2 to you at either the e-mail or postal address you provide during any ordering process.

13.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

14 GOVERNING LAW

This Agreement is governed by and interpreted in accordance with English law. Any disputes or claims relating to this Agreement shall be subject to the exclusive jurisdiction of the English Courts.

Support Contract

TERMS AND CONDITIONS

1. MJL SOFTWARE SUPPORT TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THE FOLLOWING SUPPORT CONTRACT: DISCREET ANNUAL SUPPORT CONTRACT, MJL Software ("MJL") and the registered user (“Licensee”) hereby agree that the following terms and conditions shall govern the delivery of support services (“Services”) by MJL to Licensee under the MJL Software Support program with respect to applicable registered MJL products ("Products"). This Support Contract is effective upon receipt of full payment and acceptance by MJL. This offer is good only in The United Kingdom.

2. SERVICES

MJL will provide the Services described in this Support Contract. The Services to be provided herein are: inquiry resolution regarding installation, configuration, performance and run-time problems of the Products, such as error messages, crashes or program stability.

MJL Annual Support Contract

• One (1) year contract.

• Licensee may place an unlimited number of support Incidents with MJL. An “Incident” is an issue that focuses on one aspect of the product - e.g. assistance with a specific problem or error message. While the issue may involve other aspects of the Product, addressing other aspects will constitute a separate issue and will be treated as an additional Incident. An Incident may involve multiple phone calls or emails

• MJL will accept calls during its published regular support hours.(09:00 to 17:00 Mon~Fri)

• MJL Annual Support Contract is available for the following registered and supported Products: SuperCare3, SuperNurse, SuperManager, SuperNursery, SuperGallery and SuperMenu.

• Each Program Fee entitles Licensee to support for a single Product license.

• Licensee may appoint one (1) designated contact per Support Contract.

3. PROGRAM FEE

Licensee’s price for the Support Contract to be provided in accordance with the Licensee’s order.

4. REVISIONS OF PROGRAM FEE

MJL reserves, at its sole discretion, the right to revise the Program Fee at any time without notice to Licensee.

Revised Program Fees shall be effective immediately upon renewal of an existing Support Contract.

5. TAXES

Program Fee is exclusive of any sales use, excise, value-added, withholding or any other taxes imposed by any nation, state, locality, or other entity or agency of any government, except taxes measured by MJL’s income. Where customary or required by law, taxes will appear as a separate item on MJL’s invoices to Licensee.

6. ORDERS

Licensee may order a Support Contract for one or more MJL Products by submitting an order with the corresponding Product Serial Number(s) for the license(s) of the Product(s) to be covered by this Support Contract.

Upon MJL’s acceptance of the Licensee’s order, MJL will invoice Licensee the Program Fee.

7. RENEWALS

MJL’s Direct Software Support Contract will automatically terminate upon the one (1) year anniversary of the effective date. To renew an existing Support Contract, Licensee must initiate the order process and payment to MJL. MJL will not be required to send renewal notifications.

8. REFUNDS

This Support Contract is not Cancellable by Licensee and any amounts paid by Licensee are non-refundable.

9. TERMINATION

This Support Contract shall terminate immediately upon nonpayment of the price for the Contract ordered. MJL reserves the right to cancel this Support Contract at any time upon ninety (90) days notice to the Licensee. MJL will refund any unused amounts paid under this Support Contract in the event it elects to terminate this Support Contract.

10. EXCLUSIONS MJL shall not be required to provide any Services relating to problems arising out of (i) Licensee's use of the Products in a manner for which they were not designed, (ii) operation of the Product in a software or hardware environment not recommended by MJL, (iii) operation of the computer on which Product is installed or used in environmental conditions outside those prescribed by the computer manufacturer, (iv) Licensee's negligence, misuse or modification of the Products, (v) caused in whole or in part by third-party hardware or software, or (vi) versions of Products other than the most recent version and two (2) versions back, unless said Products are no longer listed on MJL’s Web site as supported products, (vii) failure by Licensee to install the version of the operating system software specified by MJL for use with the release version for which services are requested, (viii) failure by Licensee to properly maintain the computer on which Software is installed or used in accordance with standards of maintenance prescribed by the computer manufacturer, (ix) Software being serviced, maintained or modified by anyone other than MJL, or by a third party authorized by MJL.

11. ADDITIONS

Any additional Services added to this Support Contract by written notice to Licensee will be governed by the terms of this Support Contract. The term “this Support Contract” as used herein includes any future written amendments, modifications or supplements made in accordance herewith.

12. WARRANTIES AND DISCLAIMER

MJL will use reasonable commercial efforts to provide the Services under this Support Contract in a professional manner, but MJL does not warrant that it will be able to answer all of Licensee’s questions about the applicable Products as used by Licensee for Licensee’s business or personal purposes, or that MJL will be able to suggest solutions or workarounds for all difficulties or errors encountered by Licensee. Nothing in this Support Contract shall be construed as expanding or adding to the warranty for PRODUCT in the License Agreement. The express warranty in this paragraph is the only warranty given by MJL with respect to the Services furnished hereunder.

MJL MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, MJL MAKES, AND LICENSEE RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS SUPPORT CONTRACT OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS SUPPORT CONTRACT, AND MJL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13. LIMITATION OF LIABILITY

Licensee agrees that MJL’s liability hereunder for damages, regardless of the form of action, will not exceed the total amount paid to MJL by Licensee for the Services ordered by the Licensee. IN NO EVENT WILL MJL BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES EVEN IF MJL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THIS SUPPORT CONTRACT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT MJL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

14. FORCE MAJEURE

Except for failure to make payments, neither party will be liable for any loss, damage or penalty resulting from delays or failures in performance resulting from causes beyond the nonperforming party’s reasonable control and not caused by negligence, provided that the nonperforming party promptly notifies the other party of the delay and the cause thereof and promptly resumes performance as soon as it is possible to do so.

15. GENERAL

This Support Contract may not be transferred by Licensee. This Support Contract supersedes all other written and oral proposals, purchase orders, prior agreements, and other communications between Licensee and MJL concerning the subject matter of this Support Contract and constitutes the entire agreement between MJL and Licensee regarding provision of Services. This Contract will be governed by the laws of the United Kingdom, without reference to the choice of law rules thereof. The provisions of Sections 12 and 13 will survive termination of this Support Contract.

Refund Policy

Our web templates are classified as software and, as such, are usually not refundable. We gladly offer refunds on any items that prove to be incompatible with your particular computer configuration. If you have installation problems with any product, please contact us as soon as possible. We can help resolve the issue, repackage the template, or refund your purchase price.