CustomCalc Terms and Conditions of Use

CustomCalc - End User License Agreement

Please read this agreement carefully before using the software

This License Agreement ("License") is a legal agreement between you and Visacsoft governing your use of the Software called CustomCalc and any data and associated materials or media supplied with it (the "Software") including any revisions, updates and/or modifications to it.

By proceeding to install and use the software, you (either on your own behalf or on behalf of your employer as its authorized representative) agree to be bound by the terms of this License. If you no not agree with the Terms of this License, do not continue to download and use the software.

1. License

   Provided that you have paid any fees (if any) which may be payable in respect of your use of the Software and otherwise comply with this License. Visacsoft grant to you, a non-transferable, non-exclusive license to:

   1. Install and use the Software on a single computational device for your own personal or internal business purposes only, unless otherwise authorized;
   2. Use the documentation provided within the application or Website help function and supplied with the Software (the "Documentation") and make reasonable copies for training, reference and back-up purposes.


2. License Keys

   You acknowledge that if the Software is supplied with a License Key which enables the Software to function during the term of this License, then use of this product without a valid License Key is strictly prohibited.



3. Prohibited Uses

   Except as permitted by Clauses 1 and 2, you may not:

   1. Use, copy, modify, transmit, adapt, vary or create derivative works based on the Software in hole or part.
   2. Rent, lease, sub-license, sell or otherwise transfer the Software to any third party or allow it (or the Documentation) to be accessed by or copied onto another person's computer. Unless permitted by law, you may not translate, reverse engineer, decompile, or disassemble the Software, or
   3. Use any access software system to search the data in the Software other than the Software provided under this agreement.


4. Intellectual Property Rights
   1. The Software, its structure and algorithms, are protected by copyright, database and other intellectual property laws, and all intellectual property rights in them belong to Visacsoft
   2. You will effect and maintain adequate security measures to safeguard the Software from theft or from access by any person other than those permitted in this License.
   3. The Software contains or invokes certain software under public license by the Apache Software Foundation. Such aspects are licensed under the Apache License, Version 2.0 (the "Apache License"). You may not use such aspects except in compliance with the Apache License. You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0


5. Warranty
   1. Subject to the limitations and exclusions of liability below, Visacsoft warrants that the medium (if any) on which the Software is supplied to you will be free from defects under normal use; and that the Software will, when properly used, perform in accordance with the functions described in the Documentation (except those alpha or beta versions of the Software are provided "as is" basis without any warranties of any kind). The warranty period is 90 days from the date of delivery to you. Visacsoft and its suppliers, to the fullest extent permitted by law, disclaim all other warranties.
   2. 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 meet your requirements.
   3. You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this License.
   4. Visacsoft will not be liable in any way for any costs or expenses, loss or profit, business contracts revenues or expected savings or any special indirect or consequential damage whatsoever arising or of any provision or use of the Software.
   5. Visacsoft maximum aggregate liability under or in connection with this License, whether in contract, tort (including negligence) or otherwise, shall be limited to a rurn equal to any license fee paid to Visacsoft.
   6. Notwithstanding any other terms of this License, Visacsoft does not attempt to exclude or limit its liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.


6. Termination
   1. This License is effective until terminated in the event that you have breached a material term of this License or have not paid any part of any fees for the Software, or the expiry of any limited term of grant or License Key; or upon notice from Visacsoft which may be given through its Website or by email (whichever is earlier).
   2. Upon termination all rights granted to you under this license shall cease and you must delete or remove the Software from all computer equipment in your possession and control and immediately return all copies of the Software and Documentation to Visacsoft.


7. General Terms
   1. You may not assign transfer, sub-contract or otherwise part with the Software or any right or obligation under this License without Visacsoft's written consent.
   2. If any provision of this License is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
   3. No waiver of any term shall be deemed a further or continuing waiver of such term or any other
   4. Except as expressly provided this License, this License constitutes the entire agreement between you and Visacsoft with respect to your use or the Software.