BEFORE YOU ACCESS THE PROJECTMANTRA DEMONSTRATION, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS.
BY ACCESSING THE DEMONSTRATION YOU CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS THE DEMONSTRATION.
The "Demonstration" means the ProjectMantra demonstration service, which consists of the provision (via a web interface) of
demonstration versions of various project management tools, applications and related services, all as more particularly described on our website at [insert hyperlink to detailed service description] and our proprietary software which enables the use thereof.
Where we refer to "you" or "your", we mean the user accessing the Demonstration.
References to "we", "our" and "us" are to Kyria Limited, a company registered under the Companies Acts (company number SC169967, registered VAT number 809 2767 06) and having our registered office at 3 Glenfinlas Street, Edinburgh, EH3 6AQ.
2.1 We grant you a temporary, personal, non-exclusive, non-transferable, royalty-free licence to use the proprietary software elements of the Demonstration.
Use of the Demonstration is entirely at your own risk and we shall have no responsibility or liability whatsoever relating to your use of the Demonstration.
You may not modify, alter, loan, distribute, rent, assign, sub-license, transfer or otherwise provide (whether electronically or otherwise) the software elements of the Demonstration or any copy or part of it to anyone else or make the Demonstration available for use by others in any time sharing, service bureau or similar arrangement or otherwise.
Except as permitted by applicable law, you may not reverse engineer, disassemble, reverse translate or in any way decode the software elements of the Demonstration or any copy or part of it in order to derive any source code or other information.
2.2 You acknowledge that we shall be entitled to terminate your use of the Demonstration at any time upon providing you with written notice and in such event, you shall immediately cease your use of the Demonstration.
We shall be entitled to delete any data you have provided to us at any time without notice to you.
2.3 Should you experience any problems whilst using the Demonstration, please
contact us to let us know, as we are constantly striving to improve our products and services.
However, to avoid any doubt, no support or training is offered by us relating to, or as part of the Demonstration and we shall have no obligations to you in that regard.
3.1 All right, title and interest including but not limited to copyrights and other intellectual property rights of any nature in the Demonstration or resulting out of the delivery of the Demonstration are owned exclusively by us and you acquire no title or interest in the same other than the right to use the Demonstration in accordance with this Agreement.
3.2 Without prejudice to the generality of Clause 3.1, you agree that the Demonstration contains valuable trade secrets and confidential information owned by us including but not limited to the functionality, appearance and content of the Demonstration screens, the method and pattern of user interaction with the Demonstration and the content of the Demonstration’s documentation.
The Demonstration source code and such valuable trade secrets and confidential information are not licensed to you under this agreement.
3.3 You shall be and remain responsible at all times for:
(a) advising all of your users, and any other party obtaining access to the Demonstration through you, of the terms of this Clause 3;
(b) procuring the compliance of such individuals with the terms of this Clause 3; and
(c) the acts and omissions of such individuals.
You will comply with all applicable laws and regulations in respect of your use of the Demonstration including but not limited to data protection and privacy laws and regulations and shall ensure that all necessary consents have been obtained and data protection notices/fair processing information has been issued in relation to any data you enter into the Demonstration.
We reserve the right to remove from our systems/records any material, content or data which we reasonably believe does not conform with the above terms or which we reasonably believe may lead to a third party claim against us (including without limitation any material that we feel is obscene and/or defamatory).
You will fully and effectively indemnify us in relation to any breach of the terms of this Clause 4.
YOU UNDERSTAND AND ACCEPT THAT THE DEMONSTRATION IS PROVIDED TO YOU FREE OF CHARGE AND WAS NOT DESIGNED FOR YOUR INDIVIDUAL REQUIREMENTS.
AS SUCH, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE DEMONSTRATION IS PROVIDED "AS IS" WITHOUT WARRANTY AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE) RELATING TO THE PERFORMANCE, QUALITY, SECURITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DEMONSTRATION OR ANY ASPECT OF IT OR OTHERWISE AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED.
WE ACCEPT NO RESPONSIBILITY FOR AND EXCLUDE ALL LIABILITY FOR DAMAGE AND LOSS IN CONNECTION WITH YOUR USE OF THE DEMONSTRATION.
TO AVOID ANY DOUBT THE DESCRIPTION OF THE SERVICES AND THE SOFTWARE (INCLUDING BUT NOT LIMITED TO THE DEMONSTRATION) ON OUR WEBSITE AND/OR PROMOTIONAL MATERIALS IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE RELIED UPON.
WHILST WE BELIEVE THE INFORMATION TO BE TRUE AND ACCURATE AS AT THE DATE OF WRITING WE CAN GIVE NO ASSURANCES OR WARRANTY REGARDING THE ACCURACY, CURRENCY OR APPLICABILITY OF ANY OF THE INFORMATION IN RELATION TO SPECIFIC SITUATIONS OR PARTICULAR CIRCUMSTANCES.
WE ACCEPT NO RESPONSIBILITY FOR AND EXCLUDE ALL LIABILITY FOR DAMAGE AND LOSS IN CONNECTION WITH THE USE OF OR RELIANCE ON THE INFORMATION.
This Agreement constitutes the entire agreement between you and us relating to the use of the Demonstration and supersedes all other agreements or understandings between us and you.
This Agreement is governed by Scots Law and by accepting the terms of the Agreement, you hereby submit to the exclusive jurisdiction of the Scottish Courts.