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Software download terms and conditions

This set of terms and conditions fulfills several different functions in relation to the online sale of downloadable software.

First, the terms and conditions help the seller to comply with applicable E.U. and U.K. laws. This is particularly important in the case of sales to consumers. (Consumer protection rules require sellers to disclose certain information to consumers and the grant certain rights to consumers, such as cancellation rights under distances selling rules.)

Second, the terms and conditions establish the permissible uses of the software and the impermissible uses. For instance, under the default wording the customer may make a defined number of copies of the software, and may install the software on a defined number of machines, but must not edit or reverse engineer the software.

Third, the terms and conditions will allow the seller to set out both the seller's and customers' general rights and obligations in relation to purchases of software. This reduces the scope for disputes between the parties.

Fourth, the terms and conditions are designed to limit the liabilities and risks of the seller in relation to the software.

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Software download terms and conditions contents

  1. Introduction: purpose of document: governing downloads; express agreement to document upon order; no abridgment of consumer statutory rights.
  2. Interpretation: informal definitions for download terms and conditions.
  3. Order process: download advertisement as invitation to treat; no contracts except in accordance with order process; downloads order process; input error correction and identification.
  4. Prices: prices quoted on website; prices changes on website; amounts inclusive or exclusive of VAT.
  5. Payments: payment of download prices; methods of paying prices.
  6. Licensing of software: format and supply of downloads; grant of licence to use downloads; permitted uses of software; prohibited uses of software; warranty of ability to use downloads; all rights in downloads reserved; retention of proprietory notices in downloads; rights granted are personal; licence to use downloads terminates upon breach; termination of download licence by deletion; consequence of termination of licence to use downloads.
  7. Additional users: other permitted download software users.
  8. Free trial: free trials; restricted features on free trials; restriction of right to use free trial; free trial termination.
  9. Guarantee: cancellation right for all customers: provisions apply to all customers; money-back guarantee for digital content; limitations on money-back guarantee for digital content; refund method; no abridgment of consumer statutory rights.
  10. Distance contracts: cancellation right for consumers: cancellation right for consumers; cancellation right for digital content; consumer agreement to provision of digital content; exercise of cancellation right; full refund upon distance contract cancellation; refund method; refund timing for services and digital content.
  11. Warranties and representations: customer warranties and representations; warranty relating to digital content (B2B); warranties relating to digital content (B2C or mixed); no implied warranties or representations relating to supply of intangibles.
  12. Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liability for force majeure; no liability for business losses; no liability for loss of data or software (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon services contract.
  13. Variation: revision of document by publishing new version on website; variations govern future contracts.
  14. Assignment: assignment by first party (with consumer rights); assignment by second party.
  15. No waivers: no unwritten waivers of breach; no continuing waiver.
  16. Severability: severability of whole; severability of parts.
  17. Third party rights: third party rights: benefit; third party rights: exercise of rights.
  18. Entire agreement: entire agreement - sale and licensing of downloads.
  19. Law and jurisdiction: governing law; jurisdiction.
  20. Statutory and regulatory disclosures: copy of document not filed; language of document; value added tax number; link to ODR website; name and URL of ADR provider.
  21. Our details: website operator name; company registration details; place of business; contact information.
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