Accuro Express download

Accuro Express Licence Terms
PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE:
This licence agreement (Licence) is a legal agreement between you (Licensee or you) as the Licensor’s Customer (the expression Customer as defined in our Terms of Service) and Accuro Transcription Solutions Limited, a limited liability company incorporated in England and Wales (with registered company number 7384107) with registered office address at Caledonian House, Tatton Street, Knutsford, Cheshire, WA16 6AG (Licensor, us or we) for:

  • Accuro Express computer software application (Software); and
  • any printed materials and online documents (Documents).

We licence use of the Software and Documents to you on the basis of this Licence. We do not sell the Software or Documents to you. We remain the owners of the Software and Documents at all times.

The purpose of the Software is to provide our Customers with an electronic method of uploading Input Material to us (the expression Input Material as defined in our Terms of Service) for us to type, transcribe or translate and then download the Customer Output File (the expression Customer Output File as defined in our Terms of Service) together with certain other functions. We provide our Services strictly subject to our Terms of Service, and by using our Services whether through the Software or otherwise, you confirm that you accept our Terms of Service. A copy of our Terms of Service can be located by clicking here.


OPERATING SYSTEM REQUIREMENTS: THIS SOFTWARE REQUIRES A COMPUTER WITH AT LEAST THE MINIMUM RAM AND CPU AS SPECIFIED FOR YOUR OPERATING SYSTEM BY MICROSOFT AND THE WINDOWS OPERATING SYSTEM VERSIONS 8.1 OR 10.
IMPORTANT NOTICE TO ALL USERS:

  • BY DOWNLOADING THE SOFTWARE FROM THIS WEBSITE 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 4.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE AND DOCUMENTS TO YOU AND YOU MUST NOT START THE DOWNLOAD PROCESS.

1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of our Customer paying the charges for our Services (as provided in the Terms of Service) 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 Software and the Documents in the UK on the terms of this Licence.
1.2 You may:
(a) download, install and use the Software for your internal business purposes only:
(i) on one CPU if the Licence is a single-user licence or the Software is for single use; or
(ii) if the Licence is a multi-user or network licence, by the number of concurrent users agreed between you and us;
(b) provided you comply with the provisions in condition 2, make up to two copies of the Software for back-up purposes only; and
(c) receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by us from time to time; and
(d) use any Documents in support of the use permitted under condition 1.2.

2. RESTRICTIONS
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) not to copy the Software or Documents except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software 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 Software 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 Software 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 Software 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 which is substantially similar to the Software;
(e) to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
(f) to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence;
(g) to include our copyright notice on all entire and partial copies you make of the Software on any medium; and
(h) not to provide or otherwise make available the Software 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 other than your employees or representatives without prior written consent from us.

3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the Software and the Documents anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software 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 Software in source code form or in unlocked coding or with comments.
3.3 The integrity of this Software is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the Software are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.

4. LIMITATION OF LIABILITY
4.1 We give you no warranty or assurance about the Software. Apart from our Customer paying the charges for our Services (as provided in the Terms of Service) we are not charging for the use of the Software. As free software, you acknowledge that the Software 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 Software as described in the Documents meet your requirements.
4.2 We only provide this Licence to business customers, not to consumers. Accordingly you acknowledge that the Software and Documents is only supplied for your internal use by your business, and you agree not to use the Software or Documents for any re-sale purposes.
4.3 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) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
4.4 Other than the losses set out in condition 4.3 (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 the total aggregate liability amount as provided in our Terms of Service (and at the date of this Licence this is by reference to clause 7.4 of our Terms of Service). This maximum cap does not apply to condition 4.5 of this Licence.
4.5 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.
4.6 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software 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 Software 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.

5. TERMINATION
5.1 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. This Licence shall automatically terminate immediately and without any notice to you if we terminate our Terms of Service for any reason (as provided by our Terms of Service).
5.2 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; and
(c) you must immediately delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software and Documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

6. EVENTS OUTSIDE OUR CONTROL
6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 6.2.
6.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
6.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

7. OTHER IMPORTANT TERMS
7.1 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.
7.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
7.3 This Licence, our Terms of Service and any document expressly referred to in either of them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Licence, our Terms of Service or any document expressly referred to in either of them.
7.4 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.
7.5 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.
7.6 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

I agree to the terms and conditions above