Project Management Made Easy

1. LICENCE

1.1 Grant of Licence

PMME Ltd hereby grants to the Customer a non-exclusive, non-transferrable licence to Use the Program Materials subject to the terms and conditions hereinafter contained.

1.2 Term of Licence

The Licence shall commence on the date of purchase and is indefinite.

1.3 Extent of Licence

Single User Licence
Unless otherwise stated in a separate Licence Agreement document, only one licence is purchased with each system.

Use At Home or Other PC’s & Laptops by the Registered User
The registered user is permitted to load the software on other PC’s at work and home for use solely of that registered user. However, single user licences do not allow multiple installations of the software on several PC’s for use by more than one user.

Site Licences
The software can be copied onto any PC’s and LAN belonging to any employee of the company on the Site address or any office in the Region address specified on the official purchase correspondence to/from PMME Ltd.

1.4 Assignment and sublicensing

The Customer may not assign or sub-licence or otherwise transfer or any of its rights and obligations under this Agreement whether in whole or in part without the prior written consent of PMME Ltd.

2. HELP AND SUPPORT

2.1 Advice and Support

(a) PMME Ltd will provide the Customer with up to 1 hour of Technical Support during the first 30 days following license purchase. Support will be from 9.00 am to 5.00 pm on any Business Day. PMME Ltd will log emails / telephone calls outside of these hours and respond to those logged calls the next Business Day.

(b) PMME Ltd may also levy reasonable Additional Charges for additional support.

(c) PMME Ltd shall not provide the Customer with Program Documentation for the Licensed Program. However, the Licensed Program contains a comprehensive Help function.

2.2 Error correction

(a) The current release is verified before release. However, should the Customer discover that the Current Release fails then they should notify PMME Ltd via email of the defect or error in question and provide PMME Ltd (so far as the Customer is able) with a documented example of such defect or error.

(b) PMME Ltd shall use reasonable endeavours to correct promptly such defect or error. When such correction is completed PMME Ltd shall deliver to the Customer the corrected version of the Current Release. PMME Ltd shall provide the Customer with all assistance reasonably required by the Customer to enable the Customer to use the corrected version of the Current Release.

(c) This error correction service shall not include the correction of:

(i) defects or errors resulting from any repairs, adjustments, alterations or modifications of the Current Release made by any person other than PMME Ltd;

(ii) incorrect use of the Current Release or operator error;

(iv) any fault in the Equipment or in any programs used in conjunction with the Current Release;

(v) defects or errors caused by the use of the Current Release on or with equipment (including the Equipment) or programs not supplied by or approved by PMME Ltd;

(viii) the failure by the Customer to implement recommendations in respect of or solutions to faults previously advised by PMME Ltd.

2.3 Releases

(a) New Versions

PMME Ltd shall put notification on their website of new release versions.

(b) Support of Old Versions

Following the introduction of a New Version, PMME Ltd shall continue to provide support services for existing old versions in accordance with paragraph 2.2 above.

3. CUSTOMER’S OBLIGATIONS

During the continuance of this Agreement, the Customer shall:

(a) Not alter or modify any version of the software release in any way whatever.
(b) Honour the licence agreement terms detailed herein above

3.2 Payment Terms

(a) The Licence Fee will be payable on purchase of the Licence
(b) Any additional subsequent charges payable by the Customer shall be paid within 30 days after the receipt of PMME Ltd’s invoice therefor.

4. FORCE MAJEURE

PMME Ltd shall not be liable for any delay in performing any of its obligations hereunder if such delay is caused by any circumstances or events which prevent or impede the performance of this Agreement, which are beyond its reasonable control and which are not reasonably foreseeable or, if foreseeable, are not avoidable by the adoption of all reasonable precautions. Such circumstances include, (without limitation) acts of God, fire, explosion, flood, acts of terrorism, war, rebellion, riot, acts of Government, sabotage, inability to obtain supplies and raw materials, requirements or regulations of any civil or military authority, and official strike or similar official labour dispute.

5. PROPRIETARY RIGHTS

The Current Release (and all corrected versions thereof and all other releases of the Licensed Program), and the Specification and all parts thereof and the copyright and other intellectual property rights of whatever nature therein are and shall remain the property of PMME Ltd. The Customer shall notify PMME Ltd promptly if the Customer becomes aware of any unauthorised use of the whole or any part of the Program Documentation by any person. Except as provided in this Agreement, the Customer may make only so many copies of the Licensed Programs as are reasonably necessary for operational security, back up, archival purposes and use and no further copies may be made of the Licensed Programs without the prior written consent of PMME Ltd. The intellectual property rights in such copies shall be the property of PMME Ltd and the Customer shall ensure that all such copies bear PMME Ltd’s proprietary notices in accordance with PMME Ltd’s reasonable instructions.

6. LIABILITY

6.1 Defect or error in Current Release or Program Documentation

(a) Whilst PMME Ltd shall use all reasonable endeavours to perform error correction services, PMME Ltd shall not be liable hereunder for any loss or damage sustained or incurred by the Customer or any third party (including without limitation any loss of use of the Current Release or loss of or spoiling of the Customer’s data) resulting from any defect or error in the Current Release or the Program Documentation.

(b) PMME Ltd shall not be responsible for the maintenance, accuracy or good running of any version of the Licensed Programs except the Current Release.

(c) PMME Ltd shall not be responsible nor accept liability for the success or otherwise of the projects being planned using SmartPlanner.

6.2 Consequential Loss

Notwithstanding anything else contained in this Agreement, PMME Ltd shall not be liable to the Customer for loss of profits, goodwill or contracts or other indirect or consequential loss (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or PMME Ltd had been advised of the Customer incurring the same whether arising from negligence, breach of contract or howsoever.

6.3 Exclusion

(a) PMME Ltd shall have no liability to the Customer in respect of any claims or losses arising from use, operation or neglect of the Licensed Program.

(b) The express terms of this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law. The terms set out in this Agreement state the entire liability of PMME Ltd, whether in contract or tort, for defects and errors in the Licensed Program Materials. Nothing in this clause shall confer any right or remedy upon the Customer to which it would not otherwise be legally entitled.

7. GENERAL PROVISIONS

7.1 Waiver Of Remedies

No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach. No right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party. Each such right, power or remedy shall be cumulative.

7.2 Severability

Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal, invalid or unenforceable under any rule of law or enactment, such term or provision or part shall, to that extent, be deemed not to form part of this Agreement but the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

8. LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England and Wales, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.