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End User Licence Agreeement (Software Licence)#

IMPORTANT - READ THIS FIRST

CAREFULLY READ THIS DOCUMENT BEFORE INSTALLING THIS SOFTWARE. IF YOU PROCEED WITH THIS INSTALLATION YOU ARE ACCEPTING THESE TERMS AND CONDITIONS AND WILL BE BOUND BY THEM.

INSUL SOUND INSULATION PREDICTION SOFTWARE

Marshall Day Acoustics Contract Schedule

1 GRANT OF LICENCE AND LICENCE TERMS

1.1 Grant of Licence

Marshall Day Acoustics Limited (MDA) grants a licence to Customer to access and use the Software, and Customer agrees to pay for such access and use, on the basis set out in this Agreement.

1.2 Agreement Terms

This Agreement includes:

a) the Contract Schedule Details appearing below; and

b) the attached Licence Terms;

with the Contract Schedule Details and the Licence Terms together referred to as this Agreement.

2 CONTRACT SCHEDULE DETAILS

2.1 Software:

INSUL Sound Insulation Prediction Software

2.2 Initial term:

This Agreement applies for the initial term.

  • Trial: 15 days from the Commencement Date or such longer period as MDA may agree
  • Perpetual: Commencing on the Commencement Date
  • Subscription: 365 days from the Commencement Date or such longer or shorter period as MDA may agree

2.3 Licence Type:

This Agreement applies to the Software and the type of licence.

  • Trial licence
  • Perpetual single-user licence
  • Perpetual multi-user single-premises licence
  • Perpetual multi-user multi-premises licence
  • Perpetual academic single-user licence
  • Perpetual academic multi-user single-premises licence
  • Perpetual academic multi-user multi-premises licence
  • Subscription single-user licence
  • Subscription multi-user licence
  • Subscription academic single-user licence
  • Subscription academic multi-user licence

2.4 Permitted Purpose

This Permitted Purpose under this Agreement is:

  • Trial Licence: For Software licensed on a trial licence, the permitted purpose will be use for the purpose of evaluating the Software only. The Customer acknowledges and agrees that Software licenced on a trial basis may not have all features and functions available for use by the Customer and Authorised Users.

  • Perpetual Single-User Licence, Perpetual Multi-user Single-Premises Licence, Perpetual Multi-User Multi-Premises Licence, Subscription Single-User Licence, Subscription Multi-User Licence: For Software licensed on a perpetual single-user licence or perpetual multi-user single-premises licence or perpetual multi-user multi-premises licence or subscription single-user licence or subscription multi-user licence, the permitted purpose will be use for the Customer's internal business purposes only.

  • Perpetual Academic Single-User Licence, Perpetual Academic Multi-user Single-Premises Licence, Perpetual Academic Multi-User Multi-Premises Licence, Subscription Academic Single-User Licence, Subscription Academic Multi-User Licence: For Software licensed on a perpetual academic single-user licence or perpetual academic multi-user single-premises licence or perpetual academic multi-user multi-premises licence or subscription academic single-user licence or subscription academic multi-user licence, the permitted purpose will be for academic study purposes only, and for the avoidance of doubt will exclude use of the Software for any commercial purposes or any purpose for which the user may receive payment (in money or kind) for outputs created through use of the Software, unless that purpose has been expressly agreed to in writing by MDA.

2.5 Additional Terms

  • Perpetual Single-User Licence or Perpetual Academic Single-User Licence or Subscription Single-User Licence or Subscription Academic Single-User Licence: Where the Licence Type is a perpetual single-user licence or perpetual academic single-user licence or subscription single-user licence or subscription academic single-user licence, the Software may be installed on multiple Customer computers or devices, but it may only be used in conjunction with an Access Code or Access Device and each Access Code and Access Device may only be used on one computer at any one time.

  • Perpetual Multi-User Single-Premises Licence or Perpetual Academic Multi-User Single Premises Licence: Where the Licence Type is a perpetual multi-user single premises licence or perpetual academic multi-user single premises licence:

    (1) the Software may be installed on multiple Customer computers or devices within a single local area network (LAN), including single computers or devices connected to the LAN via a VPN,; but

    (2) the Software may only be simultaneously used on a number of computers or devices that is equal or less than the number of Runtime Licences for the Software that have been purchased by the Customer.

    For the purposes of this Agreement, a LAN is a computer network which exists in a single physical facility, or several facilities within a close proximity (of up to a 25 km radius of the designated server to which the computer or device on which the Software is being used is connected).

  • Perpetual Multi-User Multi-Premises Licence or Perpetual Academic Multi-User Multi-Premises Licence: Where the Licence Type is a perpetual multi-user multi-premises licence or perpetual academic multi-user multi-premises licence:

    (1) the Software may be installed on multiple Customer computers or devices within a WAN; but

    (2) may only be simultaneously used on a number of computers or devices that is equal or less than the number of Runtime Licences for the Software that have been purchased by the Customer; and

    (3) at least one Runtime Licence must be purchased for each geographical region in the WAN in which the Software is intended to be used.

    For the purposes of this Agreement, a WAN is a computer network consisting of multiple LANs on multiple premises and may cover multiple geographical regions (typically a city region, for example Greater London).

  • Subscription Multi-User Licence or Subscription Academic Multi-User Licence: Where the Licence Type is a subscription multi-user licence or subscription academic multi-user licence:

    (1) the Software may be installed on multiple Customer computers or devices; but

    (2) the Software may only be simultaneously used on a number of computers or devices that is equal or less than the number of Runtime Licences for the Software that have been purchased by the Customer.

The Customer acknowledges and agrees that any licence for the software is subject to the Licence Terms (Licence Terms), along with the terms set out in the Contract Schedule above (Contract Schedule), with the Licence Terms and the Contract Schedule (collectively this Agreement) together forming an agreement between MDA and the Customer.

By selecting "I accept the terms in the licence agreement" when you install the Software, you agree to be bound by the provisions of the Agreement.