BEFORE YOU CLICK ON THE DOWNLOAD BUTTON AND DOWNLOAD THE SOFTWARE, CAREFULLY
READ THE TERMS AND CONDITIONS OF THIS LICENCE. BY CLICKING ON THE DOWNLOAD
BUTTON AND BY DOWNLOADING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND
BECOMING THE LICENSEE TO THIS LICENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF THIS LICENCE, CLICK THE ‘DO NOT ACCEPT BUTTON’ AND DO NOT DOWNLOAD OR USE THE
When you click the ‘I
accept’ button, StatsDirect Limited ("the Licensor") grants to you ("the
Licensee") a non-exclusive, non-transferable Licence for the accompanying
StatsDirect statistical software (version 2.0.0 or later) ("the Software").
The Licence permits you, and the people at the purchasing institution covered by
the terms of this Licence to "Use" (as hereinafter defined) the Software on a
System (as hereinafter defined) for single use or by the maximum number of
concurrent users specified on the sale receipt for your purchase of this version
of the Software upon the terms and subject to the conditions contained herein.
If the number of users is not stated then the Licence is for one user. Unless
otherwise agreed, the Software may not be transferred electronically from one
computer to another nor used over a network.
The Licensor is
authorised by the Software owner to grant this Licence and to support the
1 In this Licence:-
1.1 "System" means a single computer system; and
1.2 "use" shall mean and include utilisation of the Software by
copying, transmitting or loading the same into permanent memory (e.g. hard disk,
CD ROM, or other storage device) of the System for the processing of the System
instructions or statements contained in such Software; and copying the Software
which is in machine readable form for use by the Licensee on the System for the
purposes only of understanding the contents of such machine-readable material.
One copy of the Software may be made for back-up and one for disaster recovery
provided they contain the same copyright information as the original. ;and
2 The Licence fees for use of the Software are set out in the Schedule to
this Licence. Licence fees are payable by credit card, or by bank transfer, or
by cheque made payable to StatsDirect Limited.
3 Upon accepting this Licence you undertake:-
3.1 not to copy, install or distribute the Software in any way other than for
use within the purchasing institution for the users covered by this Licence
(unless having first obtained the prior written consent of the Licensor) ;
3.2 not to (except as otherwise permitted by law) reverse engineer,
decompile or disassemble the Software;
3.3 not to translate (into any language or computer language), transmit,
transcribe, store in any retrieval system, modify, rent, lease, loan,
redistribute, sub-lease, sub-licence or create derivative works from the
Software or any of its parts;
3.4 not to copy or distribute any part of the on-line help documentation
provided by the Licensor in connection with the Software without the prior
written consent of the Licensor (except where such copying is for personal use;
3.5 to maintain accurate and up-to-date records of the number and location of
all copies of the Software in your possession or otherwise under your control;
3.6 to supervise Use of the Software in accordance with the terms of this
3.7 to ensure that your employees, agents and other parties who will use the
Software are notified of this Licence and the terms hereof prior to such
employee, agent, or party using the same;
3.8 to reproduce and include the copyright notice of the Licensor as it
appears in or on the Software on all copies;
3.9 not to provide or otherwise make available the Software to any person
other than your employees or as specified herein without the prior written
consent of the Licensor;
3.10 not to display the Software on a public bulletin board, public website,
chat room or by any other unauthorised means;
3.11 not to use the Software for immoral, illegal or for any other purpose
which may be determined threatening, abusive or harmful including but not
limited to the creation or transmission of any virus, worm, trojan horse,
cancelbot or any other destructive or contaminating program;
3.12 within 14 days after the termination or discontinuance of this Licence
for whatever reason, to destroy the Software and all upgrades or copies; and
3.13 that you will not use the Software in any way not specified above without
the prior written consent of the Licensor.
4.1 The Licensee may contact the Licensor for advice and assistance in
relation to the Software ("Support"). To obtain such Support, the
Licensee may contact the Licensor by:-
4.1.1 e-mail at email@example.com;
4.1.2 facsimile number given at
4.2 When requesting Support, the Licensee should supply all available
material and information available to it in relation to the Software to enable
the Licensor to address the problem encountered by the Licensee.
4.3 The Licensor shall make all reasonable efforts to solve problems
addressed to it pursuant to this clause as quickly as possible, subject to any
and all constraints which the Licensor may experience from time to time.
5.1 Once downloaded, the Licensee shall be entitled to use the Software free
of charge for a period of 10 days ("the Trial Period"). Such use of the
Software shall not be for the purpose of its trade or business, but shall be
solely for the purpose of assessing whether the same meets its requirements.
5.2 If, during the Trial Period, the Licensee shall decide the Software does
not meet its requirements then the Licensee shall be entitled to terminate this
Agreement. Upon such termination, the Licensee shall destroy all copies of the
Software in its possession and the Licensee (where the Licensee is an
individual) or an authorised signatory (where the Licensee is a body corporate)
shall certify in writing to the Licensor that it has complied with its
obligation as aforesaid.
5.3 If the Licensee does not terminate this Licence pursuant to clause 5.2
above or if during the Trial Period it shall use the Software for the purpose of
its trade or business then (in either case) with effect from the day next
following the expiration of the Trial Period, the Licensee shall be deemed to
have accepted the Software.
6 You acknowledge and accept the following:-
6.1 the Licensor warrants only that testing by the developers to reproduce
the results of the examples provided in the electronic documentation has been
applied to this Software, including calculations. Other than as aforesaid, the
Software is provided "as is" without any other warranty of any kind, either
expressed or implied. For the avoidance of doubt, the Licensor does not
6.1.1 the Software will be error free or that such errors will be corrected.
The Licensee is solely responsible for all costs and expenses associated with
rectification, repair or damage caused by such errors; and
6.1.2 the Software shall be free from all viruses (although the Licensor has
used all reasonable efforts to check for the most commonly known viruses prior
to delivery). The Licensee is accordingly solely responsible for virus-scanning
6.2 the Licensor may create new versions of the Software ("upgrades")
which, inter alia, may correct such errors and although the Licensor has
no obligation to notify existing Licensees of such upgrades, the same will be
made available at the same Internet site from which you downloaded the Software
accompanying this Licence, at such cost as shall be indicated;
6.3 the Licensor shall not be liable for any loss or damage whatsoever or
howsoever caused arising directly or indirectly in connection with this Licence,
the Software, its Use or otherwise, in particular but without prejudice to the
foregoing generality as a result of installation or reliance upon the Software
or the results of Use of the Software;
6.4 notwithstanding the generality of clause 6.3 above, the Licensor
expressly excludes liability for indirect, special, incidental or consequential
loss or damage which may arise in respect of the Software howsoever caused even
if advised of the possibility of such damages; and
6.5 in the event the Licensor incurs any liability whatsoever, such liability
is limited to the licence fee paid by the Licensee for the Software (except for
death or personal injury arising from the Licensor’s negligence).
7 All copyright, trade marks and other intellectual property rights
subsisting in or used in connection with the Software (including but not limited
to all images, animations, audio and other identifiable material relating to the
Software) are and remain (as between the Licensor and the Licensee) the sole
property of the Licensor.
8.1 This Licence shall continue for a period of three years from the date of
your acceptance of these terms and and shall continue in force thereafter unless
and until terminated by either party giving three months' notice to the other
8.2 If at any time control (as defined in section 840 of the Income and
Corporation Taxes Act 1988) of the Licensee is acquired by any person or group
of connected persons (as defined in section 839 of that Act) not having control
of the Licensee at the date of this Licence, the Licensee shall forthwith give
written notice to the Licensor identifying that person or group of connected
persons and the Licensor shall be entitled, by giving written notice to the
Licensee within 30 days after the notice from the Licensee was given, to
terminate this Licence.
8.3 Either party shall be entitled forthwith to terminate this Licence by
written notice to the other if that other party commits any repudiatory breach
of any of the provisions of this Licence and, in the case of a breach capable of
remedy, fails to remedy the same within 30 days after receipt of a written
notice giving full particulars of the breach and requiring it to be remedied.
8.4 Either party shall be entitled to terminate this Licence forthwith by
written notice to the other if:-
8.4.1 that other party commits a material breach of this Licence (not being a
repudiatory breach of this Licence);
8.4.2 an encumbrancer takes possession or a receiver is appointed over any of
the property or assets of that other party;
8.4.3 that other party makes any voluntary arrangement with its creditors or
becomes subject to an administration order;
8.4.4 that other party goes into liquidation (except for the purposes of
amalgamation or reconstruction and in such manner that the company resulting
therefrom effectively agrees to be bound by or assume the obligations imposed on
that other party under this Licence);
8.4.5 anything which, under the law of any jurisdiction is analogous to any of
the acts or events specified in clauses 8.4.2, 8.4.3 and 8.4.4;
8.4.6 that other party ceases, or threatens to cease, to carry on business.
8.5 For the purposes of clause 8.3, a breach shall be considered capable of
remedy if the party in breach can comply with the provision in question in all
respects other than as to the time of performance (provided that time of
performance is not of the essence).
8.6 In the event that this Licence is terminated for any reason, the Licensee
hereby undertakes to destroy all copies of the Software held by him and must,
within 14 days of termination, notify the Licensor accordingly.
8.7 Any waiver by either party of a breach of any provision of this Licence
shall not be considered as a waiver of any subsequent breach of the same or any
other provision of this Licence.
8.8 The rights to terminate this Licence given by this clause shall be
without prejudice to any other right or remedy of either party in respect of the
breach concerned (if any) or any other breach.
8.9 For the avoidance of doubt, in the event that the Licence is terminated
under this clause, the Licence fee is not refundable.
9 This Licence shall be construed in accordance with the laws of England.
10 The Licensee shall not assign or otherwise transfer all or part of the
Software or this Licence without the prior written consent of the Licensor.
National Health Service and charity users
Number of Users
Licence fee (£ Sterling)
Up to Five users
Up to 10 users
Price on application
other non-academic users
Number of Users
Licence fee (£ Sterling)
Up to five users
Up to 10 users
based in the developing world (as defined by The World Bank)
Number of Users
Licence fee (£ Sterling)
Where the number of Licences which you intend to purchase
has not been specified above, please e-mail
firstname.lastname@example.org for confirmation of
the relevant Licence fee.