Terms and Conditions (i) Upon request, technical support will be given by email as to use of the Software and to the diagnosis and rectification of faults in the Software, but not in respect of malfunction in computer hardware, operating systems or printers. This service shall be provided between the hours of 9am and 5pm Monday to Friday (excluding UK public holidays). Estek shall use reasonable endeavours to respond within 24 hours of your request. (ii) Estek may create and dispatch from time to time at Estek's discretion, any modifications in respect of the Software, whether in whole or in part. At its sole discretion, Estek reserves the right to issue new versions of the Software. (iii) Estek may create and dispatch to you from time to time, at Estek's discretion, new releases of the Software, including Software documentation. This service does not warrant or guarantee you uninterrupted or error free service in circumstances where the fault arises out of the improper use, operation or neglect of the Software or any equipment, modification or merger of the Software (other than as permitted in writing by Estek), your failure to implement recommendations or solutions to faults notified to you by Estek, any repair adjustment or alteration made by any person other than employees of Estek without its previous consent, or any failure to install promptly and use any new release of the Software. 2. CUSTOMER OBLIGATIONS You shall:- (i) Ensure the Software is used only on the computer hardware for which the Software has been licensed and approved. (ii) Maintain and operate the Software in a proper and prudent manner in accordance with such advice and instruction as Estek may issue from time to time, and allow its use only by competent and authorised personnel. (iii) Keep a minimum of 1 (one) separate back-ups of your current data (for use in rotation) of a standard and frequency to allow you to recover information without undue loss of staff time. (iv) Not permit any alterations in the Software, the operating instructions or the manual save by written consent from Estek or any dealer expressly approved by Estek in writing. (v) Make available to Estek without charge, any information or facilities to enable Estek to discharge its obligations, including, but not limited to, computer printouts, photocopies of documents, provided always that Estek shall hold as confidential any such information provided by you. (vi) Notify Estek of any defect or alleged defect within a period not exceeding 5 (five) days from the date the said defect becomes apparent. (vii) Be responsible for ensuring that the Software is suitable for the purpose intended. 4. LIMITATION OF LIABILITY (i) EXCEPT AS PROVIDED ABOVE, OR AS EXPRESSED BY STATUTE TO BE INCAPABLE OF EXCLUSION OR LIMITATION. NO OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR PURPOSE AND SATISFACTORY QUALITY ARE MADE WITH RESPECT TO THE SOFTWARE SUPPLIED BY ESTEK. (Ii) ESTEK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, USE, SAVINGS OR PROFITS) SUFFERED OR ARISING IN ANY MANNER WHATSOEVER OUT OF OR IN CONNECTION WITH THE USE OF SOFTWARE OR ESTEK'S TERMINATION OF THIS LICENSE FOR ANY REASON WHATSOEVER. (Iii) IN NO EVENT SHALL THE TOTAL LIABILITY OF ESTEK HOWSOEVER ARISING BY REASON OF ITS SUPPLY OF THE PROGRAM EXCEED THE AMOUNT PAID FOR THIS PROGRAM. 5. COPYRIGHT (i) Any new versions or releases of the Software as may be issued to you shall be dispatched using email as appropriate ("Replacement Software"). (ii) The issue of such Replacement Software will permit you to install the same on a single personal computer (or single network, where you have purchased this version) and install data at any one time, whether for a company, partnership or group, person or otherwise (unless, and to the extent that, you have purchased the relevant license for multiple users and/or multiple sets of data from Estek), in the course of which you may make one copy of the Replacement Software in any computer readable format for back-up purposes. The copyright design right and any other intellectual property rights in the source and object codes of the Replacement Software rest exclusively with Estek. (Iii) The Replacement Software may not be copied without the express consent in writing of Estek under such terms as it shall determine. In particular, the Replacement Software shall not be installed onto any additional network (where you have purchased such version) or onto any additional personal computer including any laptop or portable computer without an additional user licence, available at separate cost from Estek. 6. GENERAL (i) Any re-seller, distributor or dealer (including any Estek Approved Dealer) from whom you purchased the Software is not appointed or authorised by Estek as its servant or agent. Such persons have no authority (either express or implied) to enter into contract or grant any licence or provide any representation, warranty, condition or guarantee with or to you on behalf of Estek, or thereby bind Estek. Estek cannot be responsible for any modifications or mergers made to the Program by such person. (ii) You are not permitted to assign the benefits and obligations of the software to a third party unless prior written consent of Estek shall have been obtained. (iii) Failure by Estek to enforce any of the support terms and conditions shall not be construed as a waiver of its rights. Estek shall not be under liability to you in respect of any circumstances beyond its reasonable control. (iv) Any dispute shall be submitted to the exclusive jurisdiction of the Scottish Courts, save where Estek otherwise agree. No variation, amendment of or addition to these terms shall be effective unless Estek's prior agreement in writing shall have been obtained. In the event that any provision of these conditions are held to be void or unenforceable, that shall not affect the remaining provisions which shall remain in full force and effect. (C) Estek Limited