VISUAL FLOOR PLANNER 2.0 SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.

1 INTRODUCTION
1.1 This License Agreement ('Agreement') is an agreement between you and Visual Building Ltd and Visual Floor Planner AJP. Please read these terms and conditions carefully before downloading, installing or using the software and applicable documentation as they contain important information about your rights and obligations. This agreement governs your use of the Visual FloorPlanner software ('the Software') supplied to you by Visual Building Ltd and the related documentation. In particular, we draw your attention to clause 8 (limitation of liability).
By downloading, installing or otherwise using the Software you agree to be legally bound by this License Agreement.
1.2 If you do not wish to be bound by this Agreement, then you may not download, install or use the Software.

2 LICENCE
2.1 Specific conditions of use which apply to the type of license you have acquired from Visual Building and Visual Floor Planner AJP are:
2.1.2 Evaluation License for Software: You may use the Software within your organization to access whether it meets your needs for a period of up to 10 working days from its installation. At the end of this period, if you do not purchase a full license from Visual Building Ltd, you must destroy all copies of the Software supplied to you, including copies installed on any computer, and all related documentation.

2.1.3 Single User License:
(a) With a single End-User PC License you may install and use one copy of the Software on a single computer. You may not share the license between different computers, nor install it on a server based computer, nor use the Software on more than one computer at the same time. As a special exception, the primary user of the Software may make one second copy for his or her exclusive use on either a home or portable computer.
(b) In addition to the above, if you have bought a license for a number of concurrent users you may install the Software on any number of computers at one single physical (geographical) location notified to Visual Building Ltd provided it is used on no more computers than that number of licensed users at any one time.

3 RESTRICTIONS ON USE
3.1.1 You may make a reasonable number of copies of all purchased Software solely for backup and recovery purposes. Any such copies shall in all respects be subject to the terms and conditions of this Agreement.
3.1.2 You shall not make copies of the Software additional to those expressly permitted in this License Agreement.
3.1.3 You shall not copy any written documentation accompanying the Software.
3.1.4 You shall not remove or obscure any copyright and trademark notices or other proprietary notices relating to the Software. All notices must be duplicated as it appears on the Software on all authorized copies.

3.1.5 You shall not reverse engineer, decompile or disassemble the Software except to the extent expressly permitted by any applicable local laws which may over-rule this restriction.
3.1.6 You may not distribute any portions of the Software to any third party. This excludes the floorpan images created by the Software.
3.1.7 You may not rent or lease the Software but you may transfer the Software and accompanying documentation on a permanent basis provided that (i) you retain no copies and (ii) the recipient agrees to the terms of the License Agreement you are transferring and (iii) you notify Visual Building Ltd of the transfer in writing.
3.1.8 You shall not use the Software in any way other than in a manner specifically licensed under this Agreement.

3.1.9 You shall not, without Visual Building Ltd's and Visual Floor Planner AJP authorisation, display the Software on a public bulletin board, website, forum, chat room or by any other unauthorized means.

3.1.10 You shall not use the Software for any purpose other than the creation of floor plans.
3.1.11 You may use the Software to create floor plans where you have the rights, consents and licences to do so.

4 INTELLECTUAL PROPERTY RIGHTS
The copyright, patents, trademarks and all other intellectual property rights in the Software and related documentation are owned by and remain the property of Visual Building Ltd and Visual Floor Planner AJP or its suppliers and are protected by national laws and international treaty provisions. You do not obtain any rights in the Software other than those expressly granted in this Agreement.
Visual Building is a registered trademark of Visual Building Ltd and Visual Floor Planner AJP .

5 TERMINATION
This Agreement is effective until terminated. This Agreement will terminate automatically if you fail to comply with any provision of this Agreement. Upon notice of termination from Visual Building Ltd and Visual Floor Planner AJP you shall destroy the documentation and all copies of the Software promptly.

6 UPDATE POLICY
Visual Building Ltd and Visual Floor Planner AJP may create, from time to time, updated versions of the Software. Such updates will be made available free of charge to all licensees for a period of 6 months. Visual Building Ltd and Visual Floor Planner AJP will also make any such updated versions available to licensees who have paid an annual update fee or maintenance fee. If you acquire an updated version of the Software, then all copies of the earlier versions, except for one copy which may be retained solely for archival purposes, must be destroyed and not used.

7 WARRANTY
7.1 Subject to the limitations upon its liability set out in clause 8, Visual Building Ltd warrants that:
7.1.1 for a period of 90 days from you purchasing the Software, it will materially conform to the electronic documentation provided with it; This does not include free of purchase software or evaluation software; and
7.1.2 with respect to any physical data storage medium(s), the same shall be free from defects in materials and workmanship for a period of 90 days from purchase.
7.2 In the event of notification within the warranty period stated in clause 7.1, Visual Building Ltd shall replace the defective Software and/or data storage medium(s). Your remedy for breach of the warranties set out in clause 7.1 shall be limited to replacement of the defective materials and shall not encompass any other damages.
7.3 Save as stated herein, Visual Building Ltd expressly disclaims all other conditions, warranties, terms and undertakings, expressed or implied, statutory or otherwise, relating to the Software and related documentation or technical support including but not limited to warranties of quality, performance, satisfactory quality or fitness for a particular purpose.

8 LIMITATION OF LIABILITY
8.1 In no event will Visual Building Ltd and Visual Floor Planner AJP be liable for any loss or damage of any kind, including loss of data, loss if profits, incidental, consequential or indirect damages arising out of the use or inability to use the software, however caused.
In the event that any exclusion, disclaimer or other provisions contained in this Agreement shall be held invalid for any reason and Visual Building Ltd becomes liable for loss or damage that could otherwise have been limited, such liability, whether in contract, negligence or otherwise, shall not exceed the cost of the software.
8.2 The floor plans and calculations produced by the software are for visualisation purposes only and Visual Building Ltd will not be responsible for any errors or omissions in these floor plans. It is your responsibility to ensure that any floor plan created by the Software is an accurate representation of the property.
The supplied documentation, tutorials and software have been produced as a tool to assist you in completing various floor plans, including fire escape plans. It is used entirely at your own risk to produce suitable plans, and it is your responsibility to consider if the information therein to be suitable and sufficient for your requirements. It is in no way exhaustive and Visual Building Ltd accepts no liability for any circumstances which may arise as a result of using this tool.

9 SEVERABILITY
If a Court or other competent authority decides that any provision of this Agreement is void or otherwise ineffective in whole or in part then any other part and the other terms and conditions of this Agreement shall continue in full force and effect.

10 THIRD PARTY RIGHTS
The parties do not intend that any term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.

11 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements, arrangements or undertakings between the parties relating to the subject matter of this Agreement and any representations or warranties previously given or made to it.

12 ASSIGNMENT
You may not assign this Agreement nor any of its rights or obligations hereunder nor sub-license the use (in whole or in part) of the Software without Visual Building Ltd and Visual Floor Planner AJP prior consent.

13 NOTICES
13.1 All notices shall be given:
13.1.1 to Visual Floor Planner AJP via e-mail at customercare@visualfloorplanner.co.uk ;
13.1.2 to you at either the e-mail or postal address you provided during any ordering process.
13.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

14 GOVERNING LAW
This Agreement shall be governed by the laws of England and shall be subject to the jurisdiction of the English Courts.
This Agreement does not affect the statutory rights of consumers.