| 1. | By placing the order for the Software with Fluxus Technology Ltd, the Purchaser and, if applicable, his/her Organisation accept these unmodified terms and conditions. |
| 2. | Fluxus Technology Ltd are the suppliers of the Software covered by these terms and conditions whose Registered Office is situated at 2 Beacon End Courtyard, London Road, Stanway, Colchester CO3 0NU, England and whose Company Number is 3790136 and whose VAT number is GB740626544. |
| 3. | The term "Software" in these terms and conditions refers to the Network Publisher software components, including upgrades, additions, copies and documentation as supplied by Fluxus Technology Ltd. The Network Publisher software components are an add-on to the free Network software. |
| 4. | The term "Purchaser" in these terms and conditions refers to the natural person whose first and last name and email address are entered on the registration form or online payment form or purchase order. |
| 5. |
The term "Software User" in these terms and conditions refers to each natural person who is licensed to use the Software.
In the case of a lab license, a Software User is a natural person working or attending a course at the lab or institute specified by the Purchaser when ordering the software; the term "site" refers to locations within the town specified when ordering; for the avoidance of doubt, labs or institutes with sites in different towns must purchase a separate site license for each town within which the Software is to be used within their lab or institute. In the case of a university or company site license, a Software User is a natural person employed by the Purchaser's Organisation or a natural person who is using the Software as part of a course at the Organisation; the term "site" refers to locations within the same town of the Purchaser's organisation, as entered in the order form; for the avoidance of doubt, organisations with sites in different towns must purchase a separate site license for each town within which the Software is to be used within their organisation. In the case of a surname project license, a Software User is a natural person who is a member of the surname project specified by the Purchaser when ordering the Software; for the avoidance of doubt, Software Users who intend to use the Software for multiple non-related surnames or for a different surname project must purchase a separate license for each surname or project. In the case of a home license, the Software User is the Purchaser; the term "site" refers to the Purchaser's private home exclusively; for the avoidance of doubt, there are restrictions on the scope of a home license. |
| 6. |
Restrictions on the scope of a home license, fines.
Home licenses are available for private Purchasers for personal, non-professional, hobby use only (typically for the Purchaser's own private documentation of his or her own surname or family tree research). In the case of a home license, the saved graphics files in emf or wmf format are for strictly non-public use only; for the avoidance of doubt it is not permitted to distribute or use these emf or wmf files for publications of any sort (including, but not limited to, scientific papers, non-scientific papers, scientific homepages, family tree homepages, reports, lecture notes, presentations, newsletters, posters displayed outside the Purchaser's private home, certificates displayed outside the Purchaser's private home). The Purchaser must purchase a lab license or a site license or a surname project license if the emf or wmf files are intended for public use. The home license Purchaser agrees to pay a fine of at least three times the then current price of a 1-year lab license lease, in the case of non-compliance with the usage restrictions defined in this paragraph 6. |
| 7. |
The term "Key File" in these terms and conditions refers to a file supplied by Fluxus Technology Ltd to the Purchaser which enables the Software to run, displaying on a start-up screen the licensed university or company or lab or institute, its city, or the surname project, and the Purchaser's name. The Key File is time limited to expire on the anniversary of the invoice date.
In the case of an indefinite License Period, Fluxus Technology Ltd will supply a new time-limited Key File each year approximately 4 weeks before the anniversary of the invoice date, unless the Software is discontinued; if the Software is discontinued, Fluxus Technology Ltd will supply a final Software version which will operate without a time limit. |
| 8. | The term "Fees" in these terms and conditions refers to the one-time online payment via PayPal to Fluxus Technology Ltd of the amount defined on the order page. For the avoidance of doubt the Fees include fees for processing and for download of software and a time-limited key file from our server (fees for electronic services). If the Purchaser is based in a legislation where taxes, withholding taxes or duties apply to the fees for electronic services, these taxes or duties are payable by the Purchaser or the Purchaser's organisation in addition to the Fees. (Note: Fluxus Technology Ltd's electronic services turnover from customers in the European Union is below the EU's threshold for witholding tax on electronic services.) |
| 9. | The term "License Period" in these terms and conditions refers to the specified period for which the Software Users are authorised to use the the Software as defined in the Software invoice and the order form or price quote. The term "indefinite License Period" refers to an unlimited period. |
| 10. | Payment terms are strictly within 30 days of invoice date. Delays in payment may be charged at an interest rate of 2% per started 30-day period since the invoice date. |
| 11. | Within minutes of receipt of the Fees via PayPal, or no later than 7 business days after receipt of the Fees by wire transfer or bank check, Fluxus Technology Ltd will despatch to the Purchaser by email the Key File and Software download instructions. |
| 12. | Fluxus Technology Ltd authorises the Software User to use the Software for the License Period, commencing on the date on which Fluxus Technology Ltd despatches the email with download instructions to the Purchaser. For the avoidance of doubt, each Software User is responsible for ensuring that no unlicensed person uses the Software with the Purchaser's Key File. |
| 13. | Fluxus Technology Ltd retains ownership of copyright in and unlimited rights in the Software and all copies of the Software save as expressly provided in paragraphs 6 and 12. |
| 14. | Each and any Software User shall keep the Key File confidential and secure from access by unlicensed persons. |
| 15. | Each Software User acknowledges that the Software is a tool to be used by the Software User in his or her business and that the Software User shall remain solely responsible for the content and quality of any results produced by the Software User from the use or with the aid of the Software. The Purchaser's organisation or employer and each Software User undertakes to indemnify and hold Fluxus Technology Ltd harmless in the event of any claim against Fluxus Technology Ltd arising from any incorrect or misleading information that the Software User has obtained with the aid or by the use of the Software. |
| 16. | THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR THE AVOIDANCE OF DOUBT: IN NO EVENT SHALL FLUXUS TECHNOLOGY LTD, MICHAEL FORSTER, DR PETER FORSTER, DR ARNE RÖHL OR ANY EMPLOYEES, CONTRIBUTORS OR AGENTS OF FLUXUS TECHNOLOGY LTD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. |
| 17. | In the case of payments through the online payment service provider PayPal, Fluxus Technology Ltd receives no credit card details or bank details from the Purchaser. Only PayPal is responsible for the security of these details and for the payment transaction. |
| 18. | Fluxus Technology Ltd acknowledges that the registration details and if applicable any bank details pertaining to the Purchaser will be held confidential within Fluxus Technology Ltd, except if arbitration procedures between Fluxus Technology Ltd and the Purchaser due to breach of terms or alleged breach of terms require access by third parties to these details. Furthermore, as and when required by law, Fluxus Technology Ltd reserves the right to grant access to the registration details or bank details to authorised agents of the government. For the avoidance of doubt, the Purchaser and his/her Organisation acknowledge that the licensed company or university or lab or institute, its town, or the surname project, and the Purchaser's name are displayed on the start up screen of the software. |
| 19. | These terms and conditions shall be governed by and construed and interpreted in accordance with English Law. |
| 20. | In the event that any term or condition is declared by any judicial authority to be void or avoidably illegal, the parties shall amend the term or condition in such reasonable manner as achieves the intention of the parties without illegality or sever such provisions from these terms and conditions, and the remaining provisions in these terms and conditions shall remain in full force and effect. |
| 21. | REFUND POLICY: Payments for Network Publisher downloads will not be refunded. |