ETAS Terms and Conditions

Table of contents:

  1. Your agreement with ETA Software Ltd
  2. Acceptance of the Terms
  3. Changes to the Terms
  4. Licence
  5. Use of the software and products and ETA Software Ltd websites
  6. Your obligations
  7. Proprietary rights
  8. Charges
  9. Payment
  10. Refund Policy
  11. Ending Your relationship with ETA Software Ltd
  12. Exclusion of warranties, limitation of liability and indemnity
  13. Third Party Libraries

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) OR ETAS WEBSITES

Key Points

It is important that you read the entirety of and understand this document. There are, however, is one few key point that we need to emphasise:

  • Compliance With Electrical Regulations: The software cannot be held responsible for determining whether an electrical installation is compliant or non-compliant with electrical regulations. Reviewing, checking and signing off of any data must be performed by a competent person. Please also see paragraph 12.2.

1. Your Agreement With ETA Software Ltd

1.1 Your agreement with ETA Software Ltd is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document and Additional Terms referred to in paragraph 14 (collectively the "Terms"). To the extent of any inconsistency between the fair usage policies or any Additional Terms and this document, this document shall take precedence.

2. ACCEPTANCE OF THE TERMS

2.1 In order to download and/or use the Software, Products and/or ETA Software Ltd Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download and/or use the Software, Products and/or ETA Software Ltd Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or ETA Software Ltd in accordance with paragraph 11.

3. CHANGES TO THE TERMS

3.1 ETA Software Ltd may make changes to these Terms from time to time. ETA Software Ltd will publish the changes at https://www.etas.co.uk/

Changes to the fair usage policies and/or Additional Terms will be posted on the applicable ETA Software Ltd Website.

The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or ETA Software Ltd Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with ETA Software Ltd in accordance with paragraph 11 below.

4. LICENCE

4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer; and personally use the Software through your individual ETAS user account (as applicable) (“"User Account"). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the ETAS Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. ETA Software Ltd reserves all rights not expressly granted to you under these Terms.

4.2 Restrictions. You may not and you agree not to.

(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;

(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);

(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;

(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties.

(e) other than for the purposes of download and installation, use the Software except through your User Account.

5. USE OF THE SOFTWARE AND PRODUCTS AND ETA Software Ltd WEBSITES

5.1 Updates to the Software: ETA Software Ltd may automatically check your version of the ETAS Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. ETA Software Ltd has no obligation to make available any Updates. However, ETA Software Ltd may (a) require you to download and install Updates; or (b) download and install Updates from ETA Software Ltd automatically from time to time. You agree to receive such updates from ETA Software Ltd in order to continue using the ETAS Software and you agree to accept such Updates subject to these Terms.

5.2 Suspension, technical improvement and maintenance: From time to time, ETA Software Ltd may need to perform maintenance on or upgrade the Software, Products or ETA Software Ltd Websites or the underlying infrastructure that enables you to use the Software, Products or ETA Software Ltd Websites. This may require ETA Software Ltd to temporarily suspend or limit your use of some or all of the Software, Products or ETA Software Ltd Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, ETA Software Ltd will publish the time and date of such suspension or limitation on the ETA Software Ltd Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or ETA Software Ltd Website.

5.3 Quality: ETA Software Ltd cannot guarantee that the Software, Products or ETA Software Ltd Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or ETA Software Ltd Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. ETA Software Ltd takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

5.4 Unsolicited Ideas : ETA Software Ltd does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to ETA Software Ltd through the ETA Software Ltd Website or otherwise, you acknowledge and agree that ETA Software Ltd shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.

5.5 Reports Certain parts of the ETA Software Ltd Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form ("Reports"). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of ETA Software Ltd. ETA Software Ltd shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to ETA Software Ltd will not be treated as confidential and ETA Software Ltd shall not be liable for any disclosure of the Reports.

5.6 Linking You may link to the ETA Software Ltd Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by ETA Software Ltd where none exists. You may not frame the Site on any other site. ETA Software Ltd may revoke the permission to link to the ETA Software Ltd Websites at any time at its sole discretion and will notify you in this respect.

6. YOUR OBLIGATIONS

6.1 User Account. When you wish to generate final reports/certificates in the first instance, you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. ETA Software Ltd takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.

6.2 Prohibited Use: You may not use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, ETA Software Ltd Websites, communication or protocols;

6.3 Your Information: From time to time, ETA Software Ltd may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.

6.4 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.

7. PROPRIETARY RIGHTS

7.1 The Software, Products and ETA Software Ltd Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.

7.2 The content and compilation of content included on the ETA Software Ltd Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of ETA Software Ltd, its affiliates or licensors. Such copyright protected content cannot be reproduced without ETA Software Ltd's express permission. ETA Software Ltd reserves all rights not expressly granted in the ETA Software Ltd Websites.

7.3 ETA Software Ltd and/or its licensors retain exclusive ownership of the Software, Products and ETA Software Ltd Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with ETA Software Ltd's intellectual property rights in the Software, Products and/or ETA Software Ltd Websites.

8. CHARGES

8.1 ETA Software Ltd may change the rates for printing reports at any time without notice to you by posting such change at https://www.etas.co.uk/pricing/

The new rate will apply to your next purchase after the new rates have been published. Please check the latest rates before you print reports. If you do not accept the new rates, do not print the report.

8.2 VAT : ETA Software Ltd reserves the right to apply VAT at the appropriate rate as per VAT rules applicable at the time of purchase.

9. PAYMENT

9.1 ETAS Credit. You can pay for select Paid-For Products using ETAS Credit. You can purchase ETAS Credit using any payment method made available to you by ETA Software Ltd from time to time. The ETAS Credit that you purchase will be credited to your User Account at the time of purchase.

9.2 <deleted>

10. REFUND POLICY

10.1 Withdrawal Right and Refund Request: If you believe that ETA Software Ltd has charged you in error, you must contact ETA Software Ltd within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old.

10.2 ETA Software Ltd reserves the right to refuse a refund request if it reasonably believes (a) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (b) if you are in breach of these Terms or (c) if ETA Software Ltd reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.

10.3 ETA Software Ltd will refund the balance of your ETAS Credit upon request in the event you terminate your User Account(s) applicable to the ETAS Software as permitted under these Terms or in the event that ETA Software Ltd terminates these Terms without serious cause.

10.4 Refund payments will be made in the same form as you initially made payment.

10.5 This refund policy does not affect your statutory rights.

11. ENDING YOUR RELATIONSHIP WITH ETA Software Ltd

11.1 You may terminate your relationship with ETA Software Ltd at any time and without recourse to the courts by requesting closure of your User Account, and ceasing to use the Software, Products and/or ETA Software Ltd Websites.

11.2 ETA Software Ltd may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or ETA Software Ltd Websites at any time and without recourse to the courts:

(a) if you are in breach of these Terms;

(b) if ETA Software Ltd reasonably suspects that you are using the Software, the Products and/or ETA Software Ltd Websites to break the law or infringe third party rights;

(c) if ETA Software Ltd reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.

(d) if ETA Software Ltd reasonably suspects that you are using our Products, Software and/or ETA Software Ltd Websites fraudulently or that your User Account is being used by a third party fraudulently;

(e) if you have purchased ETAS Credit from an unauthorised reseller;

(f) in respect of a particular Product, on thirty (30) days notice if ETA Software Ltd decides to cease offering that Product;

(g) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of ETA Software Ltd's partners;

(h) on thirty (30) days notice if ETA Software Ltd decides to cease offering the Software to users in your jurisdiction generally.

11.3 ETA Software Ltd shall effect such termination by preventing your access to your User Account, the Software, Products and/or ETA Software Ltd Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

11.4 Consequences of Termination: Upon termination of your relationship with ETA Software Ltd: (a) all licenses and rights to use the Software, Products and/or ETA Software Ltd Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or ETA Software Ltd Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

12.1 For the purposes of this paragraph 12, "ETA Software Ltd" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

12.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND ETA Software Ltd WEBSITES ARE PROVIDED “"AS IS" AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; ETA Software Ltd DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR ETA Software Ltd WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. ETA Software Ltd FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR ETA Software Ltd WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS. ETA Software Ltd FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS ERROR-FREE OR CAN DETERMINE COMPLIANCY OR NON-COMPLIANCY OF ANY ELECTRICAL INSTALLATION IN ACCORDANCE WITH THE ELECTRICAL REGULATIONS.

12.3 Nothing in this these Terms shall exclude or restrict ETA Software Ltd's liability for (a) death or personal injury, (b) loss resulting from ETA Software Ltd's wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.

12.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT ETA Software Ltd WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO ETA Software Ltd, IN CONNECTION WITH OR ARISING FROM YOUR USE OF ETA Software Ltd WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR ETA Software Ltd WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR ETA Software Ltd WEBSITES.

12.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4 above, ETA Software Ltd shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to ETA Software Ltd, for:

(a) any indirect, special, incidental or consequential damages; or

(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or

(c) any damage to or corruption of data (whether direct or indirect);

(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:

(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:

i. any Third Party Technology;

ii. any third party website.

12.6 <deleted>

12.7 If any third party brings a claim against ETA Software Ltd in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold ETA Software Ltd harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

13. Third Party Libraries

This product links to the following third party libraries:

  1. DotNetZip version 1.9 (license below)
  2. Json.NET version 4.0 (license below)
  3. WinFormsUI (license below)
  4. itextsharp version 4.1.6 (license below)
  5. PerPixelAlphaForm (see notice below)

13.1 DotNetZip

This software links to DotNetZip version 1.9 available at http://dotnetzip.codeplex.com/ This module is licensed as follows:

Microsoft Public License (Ms-PL)

This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.

1. Definitions

The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law.

A "contribution" is the original software, or any additions or changes to the software.

A "contributor" is any person that distributes its contribution under this license.

"Licensed patents" are a contributor's patent claims that read directly on its contribution.

2. Grant of Rights

(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.

(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

3. Conditions and Limitations

(A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.

(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.

(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.

(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.

(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

13.2 Json.NET

This software links to Json.NET version 4.0 available at http://json.codeplex.com/ This module is licensed as follows:

The MIT License (MIT)

Copyright (c) 2007 James Newton-King

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

13.3 DockPanelSuite

This software links to DockPanelSuite version 2.3.1 available at http://sourceforge.net/projects/dockpanelsuite/ This module is licensed as follows:

The MIT License

Copyright (c) 2007 Weifen Luo (email: weifenluo@yahoo.com)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

13.4 itextsharp

This software links to itextsharp version 4.1.6 available at https://github.com/itextsharper/iTextSharp-4.1.6 This module is licensed as follows: http://www.mozilla.org/MPL/MPL-1.1.html

13.5

PerPixelAlphaForm "Portions Copyright © 2002-2004 Rui Godinho Lopes"