SCALE *** Structural CALculations Ensemble *** Terms of Use.
The following are the terms of use for the supply and licence to use the app known as SCALE (the App) by Fitzroy Systems Ltd (Fitzroy)
1. Fee
In consideration of the payment, Fitzroy agree to:
(a) grant the user a non exclusive, non transferable licence to use the App together with its accompanying documentation for the duration of the subscription,
(b) provide support services to the user as detailed in 2 to assist the user in using the App.
2. Support
Fitzroy will support the user by:
(a) email support@fitzroy.com to answer day to day questions in the use of the App
(b) App updates as and when necessary to accord with changes in codes of practice.
3. Use of App
The licence to use shall be exclusively for the user's own internal data processing purposes and
(a) the user shall not allow any Third Party to purchase, lease, use or in any other way obtain access to or possession of all or any part of the App and/or its accompanying documentation.
(b) the user shall not use the App or its accompanying documentation to provide a data processing bureau service.
4. Exclusions and limitations
(a) Whilst Fitzroy make every effort to ensure that there are no major errors in the App, or in the preparation of data, drawings, and designs, the giving of advice, the supply of technical information for the carrying out of all other services (collectively referred to herein as "the services") Fitzroy cannot and do not guarantee that the App and/or the services are free from minor errors which do not materially affect their performance.
(b) Fitzroy are not responsible for any errors, inaccuracies or faults which may arise as a result of the user's own use of the App and/or the services provided by Fitzroy.
(c) Fitzroy make no representation or warranties express or implied, statutory or otherwise nor is it a condition that the App and/or the services provided are suitable for the user's requirements and/or fit for any particular purpose and/or fit to use for the particular purpose for which the user wishes to use them.
(d) Without prejudice to the foregoing, the liability to Fitzroy for any injury, loss or damage howsoever caused or for any liability whether statutory or otherwise including any liability in negligence which may arise directly or indirectly out of or in connection in any way with the App and/or services undertaken by Fitzroy or for any loss of profit on contracts or for any consequential loss or for loss of any kind or damage of any sort whether by the user or a Third Party shall not in any event exceed the amount charged for the App and/or services.
5. Jurisdiction
(a) This contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
(b) The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this deed or its subject matter or formation (including non-contractual disputes or claims).