Trial of FileRunner (the “Trial Service”)
By ticking the checkbox, you have agreed to participate in the Trial Service.
For the purposes of these terms and conditions, the following words shall have the following meanings:
“Trial” means a trial of FileRunner;
“Group” means Sohonet Limited and its affiliates;
“Participant” means the company which you entered when submitting the registration form or yourself personally if left blank; and
“We” or “Us” or “Our” means Sohonet Limited.
Reference in these terms and conditions to the singular includes the plural (and vice versa).
By ticking the checkbox, you agree as follows in consideration for Sohonet Limited providing the Trial Service:
- you have the authority and capacity to bind the Participant to these terms and conditions;
- Sohonet Limited makes no warranty or representation regarding the Trial Service, its functionality or its suitability for the Participant’s business. The Trial Service is provided “as is” and may not be error free;
- Neither Sohonet Limited nor any members of its Group nor any of their officers, employees or consultants shall have any liability to you or the Participant due to your use of the Trial Service save to the extent it is not possible to exclude such liability by law;
- The Participant shall indemnify us and any member of our Group against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis and all other professional costs and expenses)) suffered or incurred by Sohonet Limited or a member of its Group arising out or in connection with (i) your use of the Trial Service or (ii) the use by any third party of the Trial Service due to the Participant’s breach of paragraph 6 below. This paragraph shall survive termination of this letter;
- The Participant shall not allow any third party (excluding the recipient of any FileRunner package) to use the Trial Service other than the Participant’s employees. The Participant shall procure that its employees comply with the provisions of these terms and conditions as if they were a party thereto;
- The Participant acknowledges that all intellectual property rights belonging to Sohonet Limited are and shall remain (as between the Participant and us) the sole property of Sohonet Limited
- You agree that Sohonet may terminate the Trial Service at any time.
We agree as follows:
- that as part of the Trial Service, there will be no cost to using the Trial Service;
- to the extent we are so entitled, we grant you a non-exclusive non-transferable licence to use the Trial Service for the duration of the Trial and for no other purpose, save that all legal and beneficial rights in the Trial Service will remain at all times the property of Sohonet Limited or the property of its licensor;
- copyright in all documents, drawings designs and information including if applicable any access codes supplied to you in connection with the Trial Service shall remain vested in Sohonet Limited or the copyright owner; and
These terms and conditions constitute the entire agreement between the parties relating to the Trial Service and shall supersede all agreements and representations made by either party, whether oral and written.
These terms and conditions and any disputes arising from these terms and conditions (whether contractual or non contractual) are governed by and shall be construed in accordance with the laws of England & Wales. The parties irrevocably submit to the exclusive jurisdiction of the Courts of England & Wales.
Last updated: 8th November 2018