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This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Resident Property Management Limited (Co. reg. no. 08954437) of 14-16 Mount Ephraim Road, Tunbridge Wells, Kent TN1 1EE (Licensor, us or we) for:
• The ‘Resident’ web application, any data supplied with the web application and associated media (Web Application); and
• any online documents (Documents).
We licence use of the Web Application and Documents to you on the basis of this Licence. We do not sell the Web Application or Documents to you. We remain the owners of the Web Application and Documents at all times.
IMPORTANT NOTICE TO ALL USERS:
• BY PAYING THE ANNUAL LICENCE FEE TO THE LICENSOR YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN condition 6.
• IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE WEB APPLICATION AND DOCUMENTS TO YOU AND YOU MUST NOT PAY THE ANNUAL LICENCE FEE.
You should print a copy of this Licence for future reference.
1. GRANT AND SCOPE OF LICENCE
1.1. In consideration of payment by you of the annual licence fee, the amount of which is stated on our pricing schedule on our website, and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Web Application and the Documents in the UK on the terms of this Licence for the period of one year (the Term), and thereafter on an annual basis commencing from the end of the Term, subject to the payment by you of the annual licence fee (the sum of which will be notified to you not less than 3 months before the end of the Term and each continuing year thereafter whilst the Licence is in place).
1.2. You may:
(a) use the Web Application for the sole purpose of managing freehold,
leasehold and commonhold property (Purpose);
(b) receive and use any free supplementary update of the Web Application incorporating "patches" and corrections of errors as may be provided by us from time to time; and
￼(c) use any Documents in support of the use permitted under condition 1.2 and make copies of the Documents as are reasonably necessary for its lawful use.
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) not to copy the Web Application or Documents except where such copying is incidental to normal use of the Web Application, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Web Application or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the Web Application, nor permit the Web Application or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Web Application nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Web Application with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Web Application with another software program; and
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software or web application which is substantially similar to the Web Application;
(e) to keep all copies of the Web Application secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Web Application;
(f) to include our copyright notice on all entire and partial copies you make of the Web Application on any medium;
(g) not to provide or otherwise make available the Web Application in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us; and
(h) not to use the Web Application via any communications network or by means of remote access.
￼3. INTELLECTUAL PROPERTY RIGHTS
3.1. You acknowledge that all intellectual property rights in the Web Application and the Documents anywhere in the world belong to us, that rights in the Web Application are licensed (not sold) to you, and that you have no rights in, or to, the Web Application or the Documents other than the right to use them in accordance with the terms of this Licence.
3.2. You acknowledge that you have no right to have access to the Web Application in source code form or in unlocked coding or with comments.
4. DATA PROTECTION
You shall comply with the Data Protection Act 1998 in relation to its application of the use of the Web Application and the Documents, and this shall include you registering with the Information Commissioner’s Office, if applicable.
5. LIMITED WARRANTY
5.1. We warrant that the Web Application will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents.
5.2. The warranty does not apply:
(a) if the defect or fault in the Web Application results from you having amended the Web Application; and
(b) if the defect or fault in the Web Application results from you having used the Web Application in contravention of the terms of this Licence.
6. LIMITATION OF LIABILITY
6.1. You acknowledge that the Web Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Web Application as described in the Documents, or otherwise, meet your requirements. Further, the Web Application is for use by you as guidance only and solely for use by you in connection with the Purpose. For the avoidance of doubt it is your responsibility to ensure that you seek the necessary and appropriate advice in connection with any element of the Web Application that directs you to take action, such as (by way of example only) preparation of accounts, health and safety, insurance and legal matters.
6.2. We only supply the Web Application and Documents for use by you for the Purpose, and you agree not to use the Web Application or Documents for any re-sale or other purposes.
￼6.3. We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) any incorrect, misleading or invalid information or data inputted by you into the Web Application;
(f) loss of business opportunity, goodwill or reputation; or
(g) any indirect or consequential loss or damage.
6.4. Other than the losses set out in condition 6.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the prevailing annual licence fee. This maximum cap does not apply to condition 6.5.
6.5. Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by English law.
6.6. This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Web Application and Documents. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Web Application and Documents which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
6.7. You warrant that you shall input correct and valid information and data into the Web Application.
7.1. We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
7.2. You have the right to terminate this Licence by giving at least two month's written notice to us, the expiry of such notice to fall on the end of the Term, or any subsequent Terms.
￼7.3. Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must immediately cease all activities authorised by this Licence;
(c) you must immediately pay to us any sums due to us under this Licence; and
(d) you must immediately delete or remove the Web Application from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Web Application and Documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
8. COMMUNICATIONS BETWEEN US
8.1. If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Resident Property Management Limited at 48 Mount Ephraim, Tunbridge Wells, Kent TN4 8AU and/or email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order for the Web Application.
8.3. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e- mail, that such e-mail was sent to the specified e-mail address of the addressee.
9. OTHER IMPORTANT TERMS
9.1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
9.2. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
9.3. This Licence constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence.
￼9.4. If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.5. Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
9.6. This Licence, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.