Terms Of Service

NRG Surveys Terms of Service

Definitions

  • 1. In this License Agreement, unless the contrary intention appears:
    • 1.1. “Software Product” means NRG Surveys modular Surveying and Engineering software and includes printed materials and online and electronic documentation.
    • 1.2. “Trial edition of NRG Surveys” means the edition of the software product which is available free of charge for evaluation purposes with certain features such as printing disabled.
    • 1.3. “Registered Edition of NRG Surveys ” means the edition of the software product which is available for purchase from the web site: (www.nrgsurveys.co.uk), or by manual installation by an NRG Surveys representative.
    • 1.4. “Support Services” means email-based support provided by NRG Surveys Ltd. including advice on usage of the software product, investigation of bugs, fixes, download of new versions, and general product support.
    • 1.5. “NRG Surveys Ltd” is the company number 04529643, Registered address Station Road, Llanfairfechan, Conwy LL33 0AN.

Agreement

  • 2. This agreement is between you as Licensee and NRG Surveys Ltd for the use of the software product.
  • 3. The copyright in the software product and its documentation is owned by NRG Surveys Ltd.
  • 4. Subject to the terms of this agreement, you are granted rights for the periods set out in this agreement to use the software product.
  • 5. You do not acquire ownership of copyright or other intellectual property rights in any part of the software product by Grant of licence for the Trial Edition’
  • 6. Subject to the terms of this agreement, you are permitted to use the Trial edition of NRG Surveys for evaluation purposes without charge.
  • 7. If you choose to use the software product after the evaluation period, a license for the Registered Edition of NRG Surveys must be purchased.

Grant of licence of the Registered Edition

  • 9. Upon payment of the license fee, you will be provided with the latest version of the NRG Surveys Software modules that you have purchased on a storage device (‘dongle’).
  • 10. Upon purchase of a licence for each of the NRG Surveys modules, you are granted one of the following rights:
    • 10.1. The right to install and use one copy of the software product on a single computer; or
    • 10.2. To store or install a copy of the software product on a storage device, such as a network server, used only to install or run the software product for a single user.
  • 11. Upon purchase of a licence for the NRG Survey Software modules you are also granted the following rights:
    • 11.1. To use the product without time limit.
    • 11.2. To make copies of the software product for backup and archival purposes only.
    • 11.3. To receive Support Services for the support period specified at the time of purchase.
    • 11.4. To download the purchased version, or any newer versions of the Registered Edition from the www.nrgsurveys.co.uk website during the support period.
    • 11.5. To move the product from one computer to another, provided it is it still to be used by the original user.
    • 11.6. For the duration of the support period, to submit requests for new function, and report bugs via the www.nrgsurveys.co.uk website and to receive Support Services.
    • 11.7. By accepting these licence terms, you also give permission for your computer to send, at a time interval to be determined by NRG Surveys Ltd, some details of your computer to the www.nrgsurveys.co.uk website for the purposes of fraud detection.
    • These details will be:
      • 11.7.1. The MAC (Media Access Control) address of the network card of your computer
      • 11.7.2. The IP address of your computer
      • 11.7.3. The licence key which you are using on your computer
      • 11.7.4. The software version and Software Edition (Professional, Corporate, or other) which you are running.
      • 11.8. NRG Surveys Ltd. will use this information to:
      • 11.8.1. determine whether the licence is being used in accordance with the terms of this agreement,
      • 11.8.2. to inform you of any software updates which you may wish to install
      • 11.8.3. and for no other purpose.
      • 11.9. If NRG Surveys Ltd. suspects that the licence is not being used in accordance with this agreement, then a warning will be issued which will be shown to the user.
      • 11.10. If NRG Surveys Ltd. determines that the licence key is not being used in accordance with this agreement, then NRG Surveys Ltd. may disable the licence key.
  • 12. For the avoidance of doubt, if you wish to increase the number of users entitled to use the software product, you must purchase additional licences.

Additional limitations

  • 13. You agree not to:
    • 13.1. Sell, lease, sub-license, loan or distribute the software product.
    • 13.2. Translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, or otherwise interfere with the software product.
    • 13.3. Reproduce or distribute license key codes.

Assignment

  • 14. You may assign your rights under this agreement to another person within the same organisation, provided that that person first confirms via email to NRG Surveys Ltd (at licences@nrgsurveys.co.uk) that he or she agrees to the terms of this agreement.

Warranties

  • 15. NRG Surveys Ltd. warrants that:
    • 15.1. The software product will only work in environments which are described on the website www.nrgsurveys.co.uk.
    • 15.2. The software product will perform substantially in accordance with the accompanying written materials for a period of 12 months from the date of download.
    • 15.3. NRG Surveys Ltd. support engineers will make reasonable efforts to solve any problems associated with the software product during this 12 month period, as reported by you via the www.nrgsurveys.co.uk website.

Exclusions

  • 16. To the maximum extent permitted by law, all liability is excluded for claims, expenses, losses, damages and costs made against or incurred or suffered by you or anyone else directly or indirectly arising out of:
    • 16.1. Use of the software product;
    • 16.2. Inability to use or obtain access to the software product;
    • 16.3. Negligence of NRG Surveys Ltd. or its employees, contractors or agents in connection with the performance of the software product or support services.
    • 16.4. Termination of this agreement by either party for any reason.

Termination

  • 17. Without prejudice to any other rights, NRG Surveys Ltd may terminate this agreement and your right to use the software product if you fail to comply with any of its terms.
  • 18. Upon termination you shall ensure that all copies of the software product and all of its component parts are destroyed and / or removed from the computer or network on which they have been placed.

Governing law and jurisdiction

  • 19. This agreement shall be construed in accordance with the laws of England and Wales.
  • 20. Any dispute arising out of this agreement or the purchase or use of the software product may only be determined by a court in England or Wales.