This legal document is split into four sections. Click on the name to see the relevant information

1. End User License Agreement

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The following license agreement regulates all use of Excel4Business products and services.

Excel4Business End-User Software License Agreement

("Agreement") is a legal agreement between you (either an individual or single entity) and Excel4Business. ("Excel4Business") setting forth the terms and conditions for your use of the Excel4Business SOFTWARE accompanying this Agreement which includes computer SOFTWARE and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE").

By installing, downloading and/or using this SOFTWARE, you indicate your acceptance of this Agreement and are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to install, download or use this SOFTWARE. Promptly advise Excel4Business within two (2) weeks from the date of delivery for a possible refund.

This license is not a sale of the SOFTWARE and you do not become the owner of the SOFTWARE through your purchase, download or use. Excel4Business retains ownership of the SOFTWARE and all copies thereof, and reserves all rights not expressly granted to you under this Agreement. This Agreement constitutes the complete and exclusive agreement, oral or written, between us or any associated company of ours relating to the SOFTWARE.

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1.1. Grant of License

a) The Software is licensed, not sold, to you for use only under the terms of this Agreement. This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. As between you and Excel4Business, Excel4Business retains all title to and ownership of the Software and reserves all rights not expressly granted to you. Excel4Business grants to you the right to use all or a portion of this Software provided that (i) the Software is not distributed for profit; (ii) the Software may NOT be modified by you; (iii) all copyright notices are maintained on the Software; and (iv) The licensee/end user agrees to be bound by the terms of this Agreement.

b) When purchasing an individual license for the Software, you may use that licensed version on the computer for which it was purchased. If that computer is damaged or the license is otherwise lost, upon verification, a new registration for the software will be provided. For use of the software on more than one computer you personally own, an upgraded license can be purchased supporting this. Site licensing and volume discount information is available upon request for businesses interested in obtaining multi-user licenses for the Software. You must obtain supplementary licenses from Excel4Business before using the SOFTWARE in connection with systems, multiple central processing unit, computer networks, or emulations on a main frame or mini computer; and

c) This license allows you to make one copy of the SOFTWARE in machine readable form solely for back-up purposes. This SOFTWARE is protected by copyrights laws and international copyright treaties. You must reproduce on each copy the Excel4Business copyright notice and any other proprietary legends that were on the original;

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1.2. Copyright

The SOFTWARE is a proprietary product of Excel4Business and is protected by copyright law. You acquire only the right to use the SOFTWARE and do not acquire any rights of ownership. You agree not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the SOFTWARE. You agree not to cause or permit the reverse engineering, disassembly, or decompilation of the SOFTWARE.

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1.3. Restrictions

Except as otherwise stated in this Agreement, you may not make or distribute copies of the SOFTWARE to others or electronically transfer the SOFTWARE from one computer to another over a network. The SOFTWARE contains trade secrets, and in order to protect them, you may not modify, adapt, translate, reverse engineer, disassemble, decompile, create derivative works based on the Software, or otherwise reduce the SOFTWARE to a human-perceivable form. YOU MAY NOT ASSIGN OR OTHERWISE DISPOSE OF, MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

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1.4. Transfer of License

You may not transfer your license of the Software to a third party.

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1.5. Terms

This License is effective until terminated. This license will terminate automatically without notice from Excel4Business if you fail to comply with any provisions of this license. Upon termination, you must destroy the SOFTWARE and all copies thereof immediately. You may terminate this license at any time by destroying the SOFTWARE and all copies thereof.

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1.6. Indemnification by you

If you distribute the Software in violation of this Agreement, you hereby indemnify, hold harmless and defend Excel4Business from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the use or distribution of the Software in violation of this Agreement.

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1.7. Disclaimer of Warrantry

a) THIS WARRANTY EXTENDS TO THE ORIGINAL LICENSEE ONLY AND IS NOT ASSIGNABLE OR TRANSFERABLE. THIS WARRANTY DOES NOT APPLY TO ANY FILE/S WHICH HAS BEEN SUBJECT TO MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED FILE/S SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY (30) DAYS, WHICHEVER IS LONGER. ANY WARRANTY IMPLIED BY LAW ON THE DISK, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE WARRANTY. EXCEL4BUSINESS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO THE REPAIR OR REPLACEMENT OF THE FILE/S, OR, AT EXCEL4BUSINESS' OPTION, A REFUND OF THE LICENSE FEE. PROVIDED, HOWEVER, THAT THIS WARRANTY DOES NOT APPLY TO THE DOWNLOADED SOFTWARE.

b) EXCEPT FOR THE LIMITED WARRANTY FOR THE FILE/S ON WHICH THE SOFTWARE IS RECORDED AS SET FORTH ABOVE, EXCEL4BUSINESS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND EXCEL4BUSINESS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT, DOES EXCEL4BUSINESS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED AND ERROR-FREE. IF THE SOFTWARE IS DEFECTIVE, YOU ASSUME ALL COSTS OF REPAIR AND SERVICING, IN NO EVENT SHALL EXCEL4BUSINESS, ITS ASSOCIATED COMPANIES OR THEIR DEALERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR, EXPENSES OF ANY KIND, WHETHER LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE SOFTWARE, HOWEVER CAUSED, EVEN IF EXCEL4BUSINESS OR ITS REPRESENTATIVES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.

c) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL EXCEL4BUSINESS NOR ANY OF ITS ASSOCIATED COMPANIES HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE SOFTWARE, SOLD, LICENSED, OR FURNISHED BY EXCEL4BUSINESS OR ANY OF ITS ASSOCIATED COMPANIES. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS AGREEMENT.

d) Excel4Business hereby reserves the right to modify, adapt, translate or improve the SOFTWARE at any time.

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1.9. General

This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived therefrom may be exported except in accordance with the laws of England and Wales or other applicable provisions. The construction, validity and performance of this End-User Licence Agreement shall be governed by and submitted to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales. If any provision of the Agreement shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect. This Agreement supersedes and replaces any other agreements relating to the subject matter of this Agreement. In the event a dispute arises under or in connection with this Agreement, you agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts of England and Wales and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and waive any objection that such forum is inconvenient. You further consent to service of process in any such action by regular mail or other commercially reasonable means of receipted delivery.

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2. Terms of Use

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TERMS OF USE

The following license agreement regulates all use of Excel4Business ("Excel4Business ") products and services.

This is a legal agreement ("Terms of Use") between you (either an individual or an entity) and Excel4Business. You should read the following Terms of Use carefully before using any Excel4Business software, as your use of our products and services indicates your acceptance of this License Agreement and Warranty.

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2.1. Acceptance of Terms of Use

Excel4Business makes this Web Site, and all products offered on this Site and services operated through the Site, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Web Site, use of any Excel4Business Services, downloading any Products, or browsing the Web Site, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Web Site and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Web Site. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Web Site, then you should NOT use the part of the Web Site which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

These Terms of Use may be amended by Excel4Business at any time. Such amended Terms of Use shall be effective upon posting on this Web Site. Please check the Terms of Use published on this Web Site regularly to ensure that you are aware of all terms governing your use of this Web Site. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Web Site (the "Content") or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

Excel4Business reserves the right to make changes or updates with respect to or in the Content of the Web Site or the format thereof at any time without notice. Excel4Business reserves the right to terminate or restrict access to the Web Site for any reason whatsoever at its sole discretion.

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2.2. Warranties and disclaimers

Although care has been taken to ensure the accuracy of the information on this Web Site, Excel4Business assumes no responsibility therefore. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." EXCEL4BUSINESS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT. EXCEL4BUSINESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEB SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. EXCEL4BUSINESS DOES NOT WARRANT THAT THE WEB SITE OR THE SERVERS WHICH MAKE THIS WEB SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY EXCEL4BUSINESS ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

The use of the services or the downloading or other use of any products through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Excel4Business assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Web Site or in connection with any services or products offered through the Web Site. No advice or information whether oral or written, obtained by you from Excel4Business or from the Web Site shall create any warranty not expressly stated in the Terms of Use.

The Web Site may contain references to specific Excel4Business products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

IN NO EVENT SHALL EXCEL4BUSINESS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEB SITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS SITE ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF EXCEL4BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST EXCEL4BUSINESS PERTAINING TO OR IN CONNECTION WITH THIS WEB SITE MUST BE COMMENCED AND NOTIFIED TO EXCEL4BUSINESS IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

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2.3. Links to other sites

This Web Site may provide links to other web sites that are not under the control of Excel4Business. Excel4Business shall not be responsible in any way for the content of such other web sites. Excel4Business provides such links only as a convenience to the user of this Web Site, and the inclusion of any link to any such web sites does not imply endorsement by Excel4Business of the content of such web sites.

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2.4. Intellectual Property

Copyright, trademark and all other proprietary rights in the Content (including but not limited to software, services, audio, video, text and photographs) rests with Excel4Business or its licensors. All rights in the Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Products or its Services except as expressly authorized herein. Except as otherwise provided, the Content published on this Web Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Excel4Business is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Excel4Business hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Excel4Business disclaims any proprietary interests in the intellectual property rights other than their own.

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2.5. Software

Software made available for downloading from or through this Web Site is licensed subject to the terms of the applicable end user license agreement. Both the Software and any accompanying documentation made available through this Web Site is the copyrighted work of Excel4Business. Except as set forth in the applicable end user license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. You must agree to the terms of the applicable end user license agreement to download or order Products or Services from this Web Site.

You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work otherwise reverse engineer, or transfer the licensed program, or any subset of the Web Site, its Products or Services, except as expressly authorized herein or in the applicable end user license agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. You may not sublicense, rent or lease our products. You may not assign or transfer this License to a third party

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. EXCEL4BUSINESS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Without limiting the foregoing, Excel4Business makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the site will meet your expectations; any errors in the software obtained from or used through the site, or any defects in the site, its services or products, will be corrected.

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2.6. Linking

Linking to the Web Site is permitted provided that you comply with the following rules. You may link to the home page of the Web Site or to any other page of the Web Site. However you are not allowed to use in-line linking or framing. You must not imply that Excel4Business endorses or sponsors the linker or its site, products or services. You must not use our intellectual property including but not limited to trademarks, trade name, copyright without advance written permission from Excel4Business. Furthermore, you agree to remove the link at any time upon our request.

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2.7. Return Policy—General

Excel4Business software consulting services and/or purchases come with a 30-day satisfaction guarantee. Please be sure you have successfully tested the evaluation version (if available) for your product before purchasing a license. For further information please refer to the Excel4Business End User License Agreement.

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2.8. Applicable Law

These Terms of Use and any disputed relating hereto shall be governed by and construed in accordance with the laws of England and Wales without regard to its principles of conflict of laws. If any provision of the Agreement shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect .You agree to the exclusive jurisdiction of the courts of the England and Wales for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Web Site, provided that such exclusivity does not apply to legal actions initiated or brought by Excel4Business

Excel4Business does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Web Site breaches national law of any state. Those who access this Site do so on their own initiative and are responsible for compliance with their national laws

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3. Legal Enquiries

Please e-mail legal@excel4business.com with any general enquiries. Formal complaints can be made to Excel4Business Ltd Legal Enquiries, Allia Future Business Centre, Kings Hedges Road, Cambridge, CB4 2HY, United Kingdom

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