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Disclaimer of Liability

To the extent permitted at law, IT Governance Ltd ('We') do not accept any responsibility for any statement in the material. The user of this website ('You') must not rely on any statement We have published on the BugBox website without first taking specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person.

For the avoidance of confusion, We will not be liable for any loss caused as a result of Your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence/to the extent permitted at law).

You can access other sites via links from the BugBox website. These sites are not under Our control and We are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the BugBox website or the material. In particular, We do not warrant that the BugBox website or any of its contents is virus free. You must take your own precautions in this respect as We accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as You will be deemed to have accepted a variation if you continue to use the site after it has been posted. Details of variations will be posted here.

Although We will do our best to provide constant, uninterrupted access to the BugBox website, We do not guarantee this. We accept no responsibility or liability for any interruption or delay.

This agreement is governed by English law and We and You agree to submit to the exclusive jurisdiction of the English courts.

BugBox Sample Licence Agreement and Terms of Use

This Agreement is made between IT Governance Ltd of Ely, Cambridgeshire ('ITG') and you and governs the terms of use of ITG's BugBox software, associated documentation and any software updates supplied to you (the "Program"). The use by you of the Program shall be taken as your acceptance of this Agreement. This Agreement comprises these Terms of Use and the Licence Invoice and these are deemed to be incorporated by reference. In the event of any conflict between the documents comprising this Agreement, these Terms of Use shall prevail.

1. For the first 8 issues you enter into the Program (the "Trial Period"), ITG grants you a personal, non-exclusive and non-transferable licence to use the Program for evaluation purposes only. On the expiry of the Trial Period, this Agreement shall terminate automatically unless extended in accordance with Clause 2. During the Trial Period, you may:

(a) only install one copy of the BugBox Server file onto a single server owned or directly controlled by you; and

(b) install copies of the BugBox Client file onto any computers owned or directly controlled by you.

2. If you wish to and we agree that you may use the Program after the Trial Period, in consideration of your payment of the licence fee, ITG shall grant you a personal, non- exclusive and non-transferable licence to use the Program in accordance with the licensing terms which correspond to the licence fee selected by you (such licensing terms to include the number of computers on which the BugBox Client file is permitted to be installed). Such terms and fee shall be confirmed in the Licence Invoice. After the Trial Period, you are only permitted to have one copy of the BugBox Server file installed on a single server owned or directly controlled by you.

3. If you wish to and we agree that you may use the Program after the Trial Period, you agree to pay ITG the licence fee and any update fees (together the "licence fee") for the Program in advance. All licence fees are exclusive of taxes.

4. You shall:

(a) not make available nor distribute the Program or any part of the Program to any third party by assignment, the granting of a sub-licence or in any other way and shall not assign this Agreement without our prior written consent;

(b) not (except to the extent permitted by law) copy, adapt, reverse engineer, decompile, disassemble, modify or make derivative works, in whole or in part of any of the Program (other than 1 copy for back-up purposes); and

(c) acquire no proprietary rights in the Program (including any medium that the Program is supplied on, title in which shall remain vested in ITG) or in any materials, documents or data supplied by ITG, which shall remain the property of ITG or its licensor(s).

5. You acknowledge and agree that the copyright, patent, trade marks, database rights, design rights (whether registered or unregistered) and all other intellectual property rights of whatever nature as may or may hereinafter exist anywhere in the world in the Program are the property of ITG or its licensor(s).

6. You acknowledge that, as the Program is being provided to you free of charge during the Trial Period, during such Trial Period it is provided on an "as is" basis only and all warranties, conditions, guarantees or representations (except fraudulent misrepresentations) as to satisfactory quality, fitness for a particular purpose or infringement of third party rights or other warranties, conditions, guarantees or representations (except fraudulent misrepresentations), of whatever nature in respect of the Program are excluded by the parties to the fullest extent permitted by law.

7. During any period that you are licensed to use the Program after the Trial Period:

(a) ITG warrants that it has a right to enter into this Agreement and grant you a licence to use the Program in accordance with this Agreement without infringing or violating any third party rights;

(b) ITG warrants that the Program shall be free from material design and programming errors, and from material defects in the design, materials and workmanship of the media on which such Program is supplied;

(c) ITG warrants that the Program shall substantially comply with its specifications; and

(d) except as set out in Clauses 7(a)-(c) (inclusive), all other warranties, conditions, guarantees or representations (except fraudulent misrepresentations) as to satisfactory quality, fitness for a particular purpose or infringement of third party rights or other warranties, conditions, guarantees or representations (except fraudulent misrepresentations), of whatever nature in respect of the Program are excluded by the parties to the fullest extent permitted by law.

8. You acknowledge that in no event shall ITG's aggregate liability to you exceed 125% of the licence fee paid by you in respect of the Program during the year immediately preceding the date on which the cause of action arose. This limitation is applicable to any claim, regardless of its basis, including, without limitation, claims based on breach of contract, breach of warranty, tort, negligence or strict liability.

Further, in no circumstances shall either party be liable for any loss of profit, anticipated savings, data, opportunity or business or any special, indirect, incidental, consequential or punitive losses or damages arising out of the use of the Program.

Notwithstanding any other term of this Agreement, neither party excludes or limits liability for death or personal injury resulting from its negligence or for breach of any of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982. Each term of this Agreement shall be subject to this paragraph.

9. You acknowledge that information of a confidential nature relating to ITG's business, or the business, affairs and identity of ITG's customers and potential customers may be disclosed to you or otherwise come to your attention. You undertake to hold such information in strict confidence and not, without ITG's prior written consent, disclose it to any third party nor use it for any purpose other than the performance of this Agreement.

This obligation of confidentiality will not apply to information generally available to the public through no act or omission of you, or becomes known to you through a third party with no obligation of confidentiality, or is required to be disclosed by law, court order or any government or regulatory authority. This obligation of confidentiality shall survive the expiry or termination of this Agreement.

10. During the Trial Period, either party may terminate this Agreement at any time by serving written notice on the other party to this effect.

Following the Trial Period, either party may terminate the Agreement at any time by providing not less than one month's written notice to the other party.

Either party may terminate the Agreement at any time by serving written notice on the other party if the other party commits a breach of any provision of this Agreement which is not remediable or, if remediable, is not remedied within seven (7) days after the non-breaching party has given written notice to the breaching party requiring such breach to be remedied.

No refund of the licence fee shall be made in the event of termination of this Agreement.

In the event of termination, you shall, at ITG's option, either destroy all Program, materials, documents and data supplied by or on behalf of ITG and any back-up copies made by you or return them to ITG forthwith.

11. You shall permit ITG or its authorised representatives access to your premises and computer equipment to verify that your use of the Program is in accordance with this Agreement. If such audit shows that you have underpaid ITG by five percent or more, you shall pay, in addition to the amount due, ITG's costs of discovering such underpayment.

12. Any notice which may be given by either party under this Agreement shall be sent to the address of the relevant party set out in the Licence Invoice, marked for the attention of the relevant person in such Licence Invoice and may be sent by first class post or facsimile transmission. Notices sent by post shall be deemed to have been delivered 48 hours after posting. Notices sent by facsimile transmission shall be deemed to have been delivered on the date of that transmission.

13. It is not intended that any third party may enforce the benefit of this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

14. This Agreement and your use of the Program shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.