Refunds will be given at the discretion of the Company Management. Free upgrades will be given to all users that purchase a product that is updated with a new release, within 30 days only.

2. Delivery of software

All our software is delivered electronically. Software keys are available from our site once payment has been received and confirmed. Copies of software, packaging , printed manuals or any other non-electronic goods will only be made available on request and at an additional cost.

3. Licensing

Crainiate software is licensed on a per developer basis. Licenses are transferable between developers within the same organisation only. You can make one additional backup of the software and run the software on one additional machine, such as a laptop, per developer license. Evaluation software is made available for testing and evaluation purposes only. Evaluation software used in production systems, or for longer than 30 days will be liable to a charge.

4. Support

Support is free via email during the 30 day evaluation period and for 12 months from the date of purchase. For support queries please click here.

5. Sample License

A sample license agreement distributed with our products is contained below. The actual agreement may differ from product to product or service to service.

 

END-USER LICENSE AGREEMENT FOR CRAINIATE SOFTWARE

IMPORTANT-READ CAREFULLY: This Crainiate End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and Crainiate Ltd for the Crainiate software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components, web services and/or supplements that Crainiate may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software Product; in such event the original purchaser may, however, return it to the place of purchase within thirty days of the date of original purchase for a full refund.

SOFTWARE PRODUCT LICENSE

The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.

EVALUATION SOFTWARE: For all Evaluation Software the clauses in –Section A” apply.

FULL LICENSED SOFTWARE: For all Full Licensed Software (whether that be through the application of a license to an Evaluation version of the product or by the direct purchase of a licensed product), the clauses in –Section B” apply.

A. EVALUATION SOFTWARE

CRAINIATE IS WILLING TO LICENSE THE DOWNLOADABLE, EVALUATION SOFTWARE (the "SOFTWARE") TO YOU ON THE CONDITION THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THIS "AGREEMENT"). BY CLICKING ON THE "I ACCEPT" BUTTON OR BY INSTALLLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT PROCEED ANY FURTHER AND CLICK THE "I DO NOT ACCEPT" BUTTON BELOW.

GENERAL TERMS AND CONDITIONS

1. EVALUATION

You may install the Software on Your computer system and use the Software solely to evaluate and test the Software pursuant to the terms of this Agreement during the evaluation period. You will not otherwise use or copy, translate, modify, adapt, decompile, disassemble or reverse engineer the Software. Since this is evaluation Software, portions of the full use version of the Software may be withheld or unusable and use of the Software may require accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections. You agree not to use the Software in violation of any law, statute, ordinance or other regulation (including export control and unfair competition laws) or any obligation to which You are bound. You agree to comply with all applicable laws and regulations regarding Your use of the Software. You agree to indemnify Crainiate from and against any liability that Crainiate may incur arising from Your use of the Software.

2. OWNERSHIP

All patents, copyrights, trade secrets and other proprietary rights in or related to the Software are and will remain the exclusive property of Crainiate, whether or not specifically recognized or perfected under the laws of the country where the Software is located. You hereby assign and agree to assign any and all rights You may have or acquire in or to the Software to Crainiate for no additional consideration. You will not take any action that jeopardizes Crainiate's or its licensors' proprietary rights or acquire any rights in the Software, except the limited evaluatory right specified in Section 1(a). Crainiate or its designee will own all rights in any copy, translation, modification, adaptation or derivation of the Software, including any improvement or development thereof.  At Crainiate's request, You will execute or obtain the execution of any instrument that may be appropriate to assign these rights to Crainiate or its designee or to perfect these rights in Crainiate's or its designee's name.

3.  CONFIDENTIALITY

(a)   Confidentiality. You acknowledge that the Software is and incorporates confidential and proprietary information developed, acquired by or licensed to Crainiate.  You will take all reasonable precautions necessary to safeguard the confidentiality of the Software, and will not disclose any information about the Software or the Software evaluations or reports to any other person without Crainiate's prior written permission.  You will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Software.  The placement of a copyright notice on the Software will not constitute publication or otherwise impair its confidential nature.

(b)  Unauthorized Use or Disclosure.  You acknowledge that any unauthorized use or disclosure of the Software will cause irreparable harm to Crainiate and its licensors.  If an unauthorized use or disclosure occurs, You will take all steps that are necessary to recover the Software and to prevent its subsequent unauthorized use or dissemination.

(c)  Limitation. You will have no confidentiality obligation with respect to any portion of the Software that (i) You lawfully obtained from a third party under no obligation of confidentiality or (ii) became available to the public other than as a result of Your act or omission.

4.  DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS EVALUATION SOFTWARE AND THAT IT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.  ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CRAINIATE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

5.  DISCLAIMER OF DAMAGES

UNDER NO CIRCUMSTANCES WILL CRAINIATE, ITS LICENSORS OR ITS OR THEIR RELATED COMPANIES BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT OR SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THE CLAIMS OF ANY THIRD PARTY, WHETHER BASED ON THIS AGREEMENT, ANY COMMITMENT PERFORMED OR UNDERTAKEN UNDER ON OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

6.  MISCELLANEOUS

You and Crainiate are independent parties. Nothing in this Agreement shall be construed as making You an employee, agent or legal representative of Crainiate. This Agreement may be terminated by Crainiate at any time upon notice to You and will automatically terminate upon the earlier of the completion of Your evaluation of the Software or the evaluation period. Upon termination, You agree to promptly de-install and delete all copies of the Software in Your possession and discontinue any further use of the Software. The parties' rights and obligations under Sections 2, 3, 4, 5 and 8 will survive the termination of this Agreement.  This Agreement will be governed by the laws of the United Kingdom. You hereby consent to the exclusive jurisdiction of the courts in and for the United Kingdom for the resolution of any dispute arising out of or related to this Agreement. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between You and Crainiate with respect to the Software.

By clicking the I Accept box below or by installing or using the Software, You agree to be bound by the terms and conditions of this Agreement.

B. FULL LICENSED SOFTWARE

1)    GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product.  The license rights described in this section are subject to all other terms and conditions of this EULA.

 (a)      General License Grant to Install and User Software Product. You may install and use one copy of the Software Product on a single computer but only for use in the number of written language(s) that you selected at time of first installation and in which you have acquired rights. You can share a copy of the Software Product installed on a common build/test machine provided that You or Your entity has purchased a single license for that common build/test machine and each developer using it has a license. In all cases, a license for the Software Product may not be shared.

 (b)  Redistributable File(s).  Notwithstanding the terms of this EULA to the contrary, certain of the executable files of the Software Product may be redistributed by you to the extent required for the permitted operation of the application(s) software installation code created by you while using the Software Product.  The redistributable file(s) are limited to those specifically identified as –Redistributables” in the media, printed materials, and –online” or electronic documentation accompanying the particular embodiment of the Software Product.

 (c)  Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, You may install a copy of the Software Product on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Software Product from other Devices over a private network, provided that you acquire and dedicate a license for the storage Device upon which the Software Product is installed and each separate Device from which the Software Product is accessed and used.  A license for the Software Product may not be used concurrently on different Devices.

 (d)  Corporate Site Wide License. If you have acquired this Software Product as a Crainiate Site Wide License, you may make the number of additional copies of the computer software portion of the Software Product as defined on that EULA, and you may use each copy in the manner specified above.

2)    DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

 (a)  Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Software Product is licensed as a single product.  Except with respect to the Redistributables, its component parts may not be separated for use on more than one computer.

 (b)  Not for Resale Software. If the Software Product is labeled –Evaluation Copy” then, notwithstanding other sections of this EULA, you may not use the Software Product for commercial purposes nor sell, or otherwise transfer it for value.  Commercial purposes include the use of the Software Product to create publicly distributed computer software.

 (c)  No rental, leasing or commercial hosting.  You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product. In all cases, goods remain the property of Crainiate until payment is received in full.

 (d)  Support Services. Crainiate may provide you with support services related to the Software Product (–Support Services”). The provision and use of Support Services is governed by the Crainiate policies and programs described in the Software Product user manual and/or in –online” documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Crainiate as part of the Support Services, Crainiate may use such information for its business purposes, including for product updates and development.

 (e)  Termination. Without prejudice to any of Crainiateês other rights, Crainiate may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy any and all copies of the Software Product and all of its component parts.

3)    UPGRADES and SUBSCRIPTION. If the Software Product is labeled or otherwise identified by Crainiate as an –upgrade” or –subscription,” you must be properly licensed to use a product identified by Crainiate as being eligible for the upgrade in order to use the Software Product. A Software Product, labeled or otherwise identified by Crainiate as an upgrade, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4)    COPYRIGHT AND TRADEMARKS.

 (a)  All title, trademarks and copyrights in and pertaining to the Software Product, the accompanying printed materials, and any copies of the Software Product, are owned or licensed by Crainiate or its affiliated companies. The Software Product is protected by copyright and trademark laws and international treaty provisions. You may make one copy of the Software Product for back-up and archival purposes.  You may not copy the printed materials accompanying the Software Product.

 (b)  You may not remove, modify or alter any Crainiate copyright or trademark notice from any part of the Software Product, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Crainiate Setup Wizard dialogue or •aboutê boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the Software Product.

5)    DUAL-MEDIA SOFTWARE. You may receive the Software Product in more than one medium. Regardless of the type or size of  the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered developer.  You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software Product.

6)    LIMITED WARRANTY

 (a)  LIMITED WARRANTY. Crainiate warrants that (a) the Software Product will, for a period of ninety (90) days from the date of delivery, perform substantially in accordance with Crainiateês written materials accompanying it, and (b) any Support Services provided by Crainiate shall be substantially as described in applicable written materials provided to you by Crainiate.

 (b)  CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by Crainiate, Crainiateês and its suppliersê entire liability and your exclusive remedy shall be, at Crainiateês option, either (a) return of the price paid by you for the Software Product (not to exceed the suggested retail price) if any, (b) repair or replacement of the defective Software Product or (c) re-performance of the Support Services.  This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

 (c)  NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRAINIATE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM COUNTRY TO COUNTRY.  Some countries do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the Software Product, if any, are limited to ninety (90) days.

8)    LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRAINIATE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CRAINIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CRAINIATE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO Crainiate FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE.  BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

By clicking the I Accept box below or by installing or using the Software, You agree to be bound by the terms and conditions of this Agreement.