DISCLAIMER
The ProtoCrawler Software suite (the ‘Software’) supplied by CyTAL UK Limited (the ‘Company’), and any test inputs, testing outputs including test reports, test configurations and other test related data generated through use of the Software (the ‘Test Artefacts‘), is governed by the terms of the applicable Agreement for Software Licencing (the ‘Agreement‘). Company disclaims any responsibility or liability of any nature whatsoever to any person other than Customer as regards the Test Artefacts and the content thereof, irrespective of whether the Test Artefacts is made available to such person with the consent of Company or in compliance with the conditions set out above. For the avoidance of doubt; no person shall be entitled to use or rely on the Software and Test Artefacts without the prior written consent of Company and Company will not accept a duty of care to any other person in respect of the Software and Test Artefacts.
USE RIGHTS AND RESTRICTIONS
Subject to the applicable Agreement, Company hereby grants Customer during the Term, a fully paid up, royalty-free, non-exclusive license to load, install, access, execute, perform, display, view, store, integrate, and otherwise use this Software, on hardware and other equipment owned or contractually controlled by Customer; and use, download, print, display and reproduce the User Documentation as reasonably required for the use of the Software, where “User Documentation” means the functional specifications and documentation, including operating procedures, system documentation, technical documentation, as well as user manuals, guides and reference materials that narratively and/or graphically describe, in detail, the features, functions and capabilities the Software was represented to contain. Except as expressly permitted in the applicable Agreement, Customer shall not reverse engineer, decompile, disassemble, or otherwise attempt to create human readable source materials from the Software. Similarly, except for the rights expressly granted in these Use Rights, Customer shall not use the Software to act as a service bureau.
INTELLECTUAL PROPERTY
Company is the sole owner of the Software and all Intellectual Property and Rights therein. Nothing herein shall imply any transfer or grant of rights to any such Intellectual Property or Rights thereto and the tools and methods used by Company generally in Company’s business and which Company can demonstrate existed prior to, or were developed separately from the applicable Agreement. To the extent embedded in or necessary for our use of the Deliverables as defined in the applicable Agreement, Company hereby grants Customer a royalty-free, irrevocable, worldwide, nonexclusive licence to the extent necessary to utilise the Deliverables. Customer retains all rights, title and interest, including intellectual property rights, in and to Customer’s software, equipment and devices regardless of whether Company’s Software or Deliverables are used with or incorporated in them. Intellectual Property Rights as used herein means all intellectual property rights (including patents, trademarks and copyrights), proprietary rights (including trade secrets) and moral rights (including rights of attribution and authorship) throughout the world.
