Fitzroy Systems

Software for Structural Engineers

Trading conditions for supply of SCALE computer program.

The following are the terms and conditions for the supply and licence to use the computer program known as SCALE (the computer program) by Fitzroy Systems Ltd (Fitzroy) to ................................. (the client).

1. Fee

In consideration of the payment, Fitzroy agree to:

(a) supply the computer program to a single person nominated by the client in the UK or the Republic of Ireland

(b) to grant the client a non exclusive, non transferable licence to use the computer program together with its accompanying documentation in perpetuity

(c) to provide support services to the client as detailed in 2 to assist the client in using the computer program for a period of 120 days commencing on the date of supply.

2. Support

Fitzroy will support the client by:

(a) a telephone 'hot line' to answer day to day questions in the use of the computer program, all questions coming through a nominated person in the client's employ

(b) program updates as and when necessary to accord with changes in codes of practice.

Following the end of the 120 day period the Client at his option may continue to receive support as detailed above by payment of an annual fee.

3. Use of Program

The licence to use shall be exclusively for the client's own internal data processing purposes and 

(a) the client 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 computer program and/or its accompanying documentation.

(b) the client shall not use the program 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 computer program, 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 computer program 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 client's own use of the computer program 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 computer program and/or the services provided are suitable for the client's requirements and/or fit for any particular purpose and/or fit to use for the particular purpose for which the client 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 computer program 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 client or a Third Party shall not in any event exceed the amount charged for the computer program and/or services.