The present Terms and Conditions (“Terms and Conditions") apply to products and services provided to the User (as defined herein) by SCICHART LTD. (“SCICHART"), a limited company incorporated in England and Wales (registration number 07430048, VAT Number GB101957725) having its registered office at 16 Beaufort Court, Admirals Way, Docklands, London, E14 9XL, England.
A SEPARATE SOFTWARE LICENCE AGREEMENT (“SLA”) STATES THE TERMS AND CONDITIONS UPON WHICH SCICHART OFFERS TO YOU (the “LICENSEE”) THE SOFTWARE APPLICATION (HEREAFTER “SOFTWARE” OR “APPLICATION”) AVAILABLE TO DOWNLOAD FROM SCICHART WEBSITE. BY INSTALLING THE SOFTWARE, OR DOWNLOADING THE SOFTWARE FROM THE SERVER, YOU ACCEPT ALL THE TERMS AND CONDITIONS HEREAFTER. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHALL NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
Full pricing for subscription renewals will be sent to you near the end of your current subscription. Renewing subscriptions is a manual process at the moment, you will be emailed an offer near the end of your subscription and you will need to make a payment manually in order to renew your subscription. For larger enterprise orders, you need to contact sales to tell us which product you wish to renew and how many licences.
When you renew, your new Support & Updates subscription starts one day after the previous subscription expiry, no matter when you buy it. For example:
You buy 5 licenses of SciChart WPF Professional on 10th January 2013.
Your support expires on 9th January 2014 (1-year later)
You complete a renewal order (paid) by 3rd March 2014 (53 days after support expiry)
Your support & updates subscription is renewed from 10th January 2014 – 9th January 2015
You must not use SCICHART’s Website in any way that may cause damage(s) to the Website or impair access to SCICHART’s servers. Use of any SCICHART’s products or services which may be illegal, fraudulent or harmful is strictly prohibited. You must not use SCICHART’s Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, or other malicious computer software. You must not conduct any data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) in relation to our products or services.
You must not use the Website in any way that may cause damage(s) to the Website or impair access to SCICHART’s servers. Use of any SCICHART’s products or services which may be illegal, fraudulent or harmful is strictly prohibited. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, or other malicious computer software. You must not conduct any data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) in relation to our products or services.
SCICHART is a registered trade mark of SCICHART LTD. All contents on this Website, designs, graphics, images, logos, are copyright of SCICHART LTD.
You shall not attempt to reverse engineer, modify, translate or disassemble, the Software, in whole or in part.
You may view, download and print pages or other contents from the Website for your own personal use or records, subject to the restrictions set out below:
you must not publish, sell, rent or sub-license any materials from this Website;
you must not reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.
If there has been no recorded transaction on your User account for a period of 24 consecutive months or more your account will be considered inactive (“Inactive Account”). Any Inactive Account may be deleted.
Orders are placed directly by the User on the Website, or by contacting our sales team and placing an enterprise order. Ordering services and/or Software implies the unconditional acceptance of SCICHART’s Terms and Conditions. It is hereby agreed that the User manifests its acceptance of the said Terms and Conditions by clicking on the validation button for this purpose on the Website. Once the order is sent, and unless otherwise expressly agreed in writing by SCICHART, the order becomes final and cannot be modified or cancelled in whole or in part by the User.
An email confirming the order will be sent by SCICHART to the Client.
In compliance with the Law and regulations on e-Commerce, Software and Documentation that have been downloaded cannot be refunded.
IN NO EVENT SHALL SCICHART LTD., ITS EMPLOYEES, DIRECTORS OR SUPPLIERS BE LIABLE TO THE USER IN RESPECT OF ANY LOSS OR CORRUPTION OF ANY DATA, DATABASE OR SOFTWARE. SCICHART LTD. AND ITS SUPPLIERS SHALL UNDER NO CIRCUMSTANCES BE HELD LIABLE WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY OR ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF OPPORTUNITY, BUSINESS DISRUPTION OR OTHER PECUNARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SCICHART LTD. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LICENSOR’ AGGREGATE LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY OR ANY OTHER THEORY OF LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE USER TO SCICHART LTD. FOR THE LICENCE.
If you have a complaint or wish to contact SCICHART about harmful contents, contact our team by email at firstname.lastname@example.org. SCICHART’s team will look into your complaint and examine the issue. The team will come back to you as soon as possible. It is particularly important that you give SCICHART accurate contact details (e.g. a valid email address and actual phone number, etc) to help us contacting you in a timely manner.
In the event of invalidity of any provisions of the present Terms and Conditions, such invalidity shall not affect the validity of the remaining portions of the Terms and Conditions.
Any waiver or failure to enforce any provision of the present Terms and Conditions on one or several occasions will not be deemed a waiver of any other provision or of such provision on any other occasion.
The present Terms and Conditions will be governed by the laws of England and Wales, to the exclusion of its conflict of laws rules. Any dispute arising out of the use of SCICHART’s products and services or of the interpretation or application of the Terms and Conditions shall be submitted to the exclusive jurisdiction of the competent Courts of England and Wales.