CalQlata Software License Terms

These license terms and conditions are an agreement between you (heretofore referred to as 'the licensee') and Keith Dixon-Roche (heretofore referred to as 'CalQlata').

The licensee is strongly advised to read them.

These terms shall apply to the software named above, which includes the media on which the licensee received it, if any.

These terms also apply to any CalQlata updates, supplements, Internet-based services, and support services for this software in addition to any further terms that shall also separately apply.

 DEFINITIONS for the purposes of this Agreement:

  1. The software shall mean the program named at the top of this agreement.
  2. A computer shall mean a physical piece of hardware with an internal storage device and an operating system capable of running the software. Each partition is considered to be a separate computer.
  3. The software is licensed on a per copy per computer basis.
  4. Except under the conditions identified in 5) below, all CalQlata's software licenses shall be issued to the individual named in CalQlata's "order confirmation" email.
  5. Each license issued to a Company shall be treated as a special case subject to a separate written agreement between CalQlata and the Company.
  6. Each individual operating the software shall be a separate user. By using the software, the licensee accepts these terms. If the licensee does not accept them, do not use the software. Instead, contact CalQlata to determine its return policy. The licensee must comply with that policy, which may limit the licensee's rights or require the licensee to provide proof of compliance with CalQlata's return policy.

As described below, the licensee's consent to the transmission of certain hardware and software information during activation, validation or for Internet-based services shall be implicit in the licensee's using the software.

If the licensee complies with these license terms, the licensee has the rights below for each license the licensee acquires.

INSTALLATION AND USE RIGHTS for the purposes of this Agreement:

  1. One license applies to one computer installation.
  2. The licensee may install the software on any single computer at any one time. This computer shall remain the licensed computer until the licensee deletes it from this computer and installs it on a new computer, at which time, this new computer shall become the licenced computer.
  3. A separate license is required for each and every user operating the software on a computer network.
  4. There is no restriction to the number of users accessing the software on a given computer that is not connected to a network.
  5. The software may include more than one version, such as 32-bit and 64-bit. The licensee may use only one version at one time.
  6. There is no restriction to the production of printed copies of the software for use by the licensee.
  7. The images and icons included in the software belong to CalQlata and are protected by international copyright laws.
  8. CalQlata makes no claim to copyright ownership to the fonts displayed in the software.
  9. CalQlata makes no claim to copyright ownership to the formulas used in the software.
  10. Whilst CalQlata has carried out internal verification of the calculations in this software, CalQlata accept no responsibility for the accuracy or repeatability of the results.
  11. CalQlata accept no responsibility for consequences of the use of the software.
  12. The software is licensed, not sold.
  13. The software is the sole property of CalQlata.
  14. The licensee shall not reverse engineer, decompile or disassemble the software.
  15. The licensee shall not use components of the software to run applications not running on the software.
  16. The licensee shall not make more copies of the software than specified in this agreement.
  17. The licensee shall not publish the software for others to copy.
  18. The licensee shall not sell, rent, lease or lend the software.
  19. The licensee shall not use the software for commercial hosting services.
  20. The licensee may make one backup copy of the software, which may be used only to reinstall the software on the licensed computer.
  21. Only a licensee of this software is permitted to upgrade this software.
  22. 'Genuine Proof of license': Agreement with these terms and conditions automatically grants CalQlata free and unrestricted access to the licensee's computers in order to verify compliance with the terms of this license.
  23. 'Genuine Proof of license' above shall apply to software upgrades.
  24. Contact CalQlata through its website at https://www.calqlata.com/ for support options for the software generally. If the licensee is using software that is not properly licensed, the licensee will not be entitled to receive support services.
  25. This agreement (including the warranty below), additional terms (including any printed-paper license terms that accompany the software), and the terms for supplements, updates, Internet-based services and support services that the licensee uses, are the entire agreement for the software and support services.
  26. If the licensee acquired the software in the United Kingdom or through CalQlata's website: https://www.calqlata.com/, UK national law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.
  27. If the licensee acquired the software in any other country, the laws of that country apply.
  28. Except for any refund CalQlata may provide, the licensee cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
    This limitation applies to:
    i. anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
    ii. claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
    iii. This Agreement also applies even if repair, replacement or a refund for the software does not fully compensate the licensee for any losses; or
    iv. CalQlata knew or should have known about the possibility of the damages.
  29. By downloading the software the licensee shall automatically revoke their right to their 14 day right to cancel.
    By way of clarification; immediately after a customer has downloaded a copy of the purchased software and CalQlata has issued the installation security details, no refund shall be given unless CalQlata deem it appropriate to do so.

LIMITED WARRANTY for the software

  1. If the licensee follows the instructions and the software is properly licensed, the software will perform substantially as described by CalQlata.
  2. The limited warranty covers the software for 30 days following acquisition by the licensee. If the licensee receives supplements, updates, or replacement software during those 30 days, the licensee will be covered for the remainder of the warranty or 10 days, whichever is longer.
  3. To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty.
  4. CalQlata will, at its election, either (i) repair or replace the software at no charge, or (ii) accept return of the product(s) for a refund of the amount paid. CalQlata may also repair or replace supplements, updates and replacement software or provide a refund of the amount the licensee paid for them, if any. Contact CalQlata about its policy. These are the only remedies for breach of the limited warranty.
  5. Contact CalQlata to find out how to obtain warranty service for the software. For a refund, the licensee must comply with CalQlata's return policies.
  6. This limited warranty is the only direct warranty from CalQlata. CalQlata gives no other express warranties, guarantees or conditions.
  7. The Limitation on and Exclusion of damages applies to breaches of this limited warranty.
  8. This warranty gives the licensee specific legal rights, and the licensee may also have other rights which vary from country to country.