1)              Licence

1.1 The Licensor (namely Vanguard Consulting Limited, whose registered office is Villiers House, 1 Nelson Street, Buckingham, MK18 1BU, United Kingdom, company number 2207133, VAT number 485 8122 22, email: office@vanguardconsult.co.uk, referred to from now on as ‘Vanguard’, ‘us’ or ‘we’) grants to the Licensee (namely the purchaser, recipient, user and/or viewer of Vanguard CapChart, referred to from now on as ‘you’ or ‘your’) a non-exclusive licence to use Vanguard CapChart (‘CapChart’) on the Equipment specified, on the terms and conditions contained in this Licence and for the Period specified below.

1.2 By installing CapChart you accept the terms of this Licence and agree to comply with them. If you do not accept them, you do not have permission to use CapChart and please do not do so.

1.3 We can withdraw or change CapChart at any time without telling you and without being legally responsible to you.

1.4 From time to time we may review and change this Licence and, if so, we will post any revisions in Vanguard’s online shop (shop.vanguard-method.net). We recommend that you regularly review any changes, as you accept them by continuing to use CapChart.

 

2)              Personal Information

2.1 During ‘registration’ and ‘de-registration’, CapChart uses the internet to transfer personal information.  Our Privacy and Cookies Policy (http://shop.vanguard-method.net/pages/privacy-cookies-policy) governs the use of the data that you provide us with, or which is collected when you register CapChart.  By using CapChart, you consent to this Policy. We recommend that you read the Policy prior to using CapChart.

2.2 We take steps to protect personal information and to make sure it is secure against unauthorised access and use (for example, by hackers and viruses). Despite our best efforts, and the efforts of many others, the transmission and storage of information via the internet is not completely secure. Although we do our best to protect such information, we cannot guarantee the security of any information transmitted and any transmission is at your own risk. We exclude legal responsibility for any loss to you, or any third parties, incurred in this way.

 

3)              Period

Where a licence or licences have been purchased through Vanguard’s online shop (shop.vanguard-method.net), you may use CapChart in accordance with this Licence for as long as you wish, subject to any early termination.  Otherwise, the period is as agreed with us.

 

4)              Charges

4.1 You shall pay the licence charges to us which are set out in the online shop (shop.vanguard-method.net) or as otherwise agreed with us.

4.2 We have the right to vary the licence charges periodically and as we choose.

 

5)              Equipment and Use of CapChart

5.1 CapChart may only be used as specified in this Licence.

5.2 Purchasing one license to use CapChart permits one user to download and install CapChart. Multiple users require multiple purchases. Where we distribute CapChart without charge, we shall agree with you the number of licences we are granting.

5.3 CapChart must not be shared or distributed beyond the number of licences purchased and/or users granted by us.

5.4 You may choose upon which device(s) you use the licence(s) that you have bought or been given by us (the ‘Equipment’), subject to the minimum specifications that CapChart needs in order to operate which can be found in our online shop (shop.vanguard-method.net).

5.5 You may transfer a licence to other Equipment by de-registering the product key and re-registering it on the new Equipment to the extent that you have purchased or been granted licences for.  For the avoidance of doubt, you are not permitted to transfer CapChart temporarily or permanently to any device or equipment where a single deployment can be accessed by multiple users (eg a Citrix server, a shared network, or any future technology that provides or facilitates this functionality) without prior written agreement from us.

5.6 You are not permitted to make or allow anyone else to make any commercial use of CapChart, such as by way of sale, license, loan, hire or transfer for money.

 

6)              Copying, sharing and distributing CapChart

6.1 You must not make, share, or distribute any copies of CapChart except insofar as copying is transient and automatic in normal use, except that one copy can be made where necessary for security reasons.

6.2 This Licence applies to such copies as it applies to CapChart.

 

7)              Performance

7.1 You are responsible for the way in which CapChart is used. We do not guarantee the accuracy of the content and materials. As far as legally possible, we exclude legal responsibility for any loss to you, or anybody else, arising from the use of CapChart, including but not limited to damage to any equipment or data, loss of business, contracts, profit, income, data, service, reputation, goodwill or anticipated savings.

7.2 As far as legally possible, we exclude all promises (warranties) implied by law or statute.

7.3 We do not seek to exclude legal responsibility for death or personal injury caused by its failure to take reasonable care in a way that the law describes as “negligent”, nor any other legal responsibility which cannot be excluded or limited under the applicable law.

7.4 Without limiting any of these conditions, our maximum legal responsibility for any claim successfully brought against us is £100.

 

8)              Maintenance and Support

8.1 Maintenance and support is not included with CapChart, unless separately agreed with us. Any charges paid, where applicable, are for the purchase of CapChart only.

8.2 That said, we will do our best to help with any questions, queries or problems experienced when using CapChart.  Please contact us by telephone on: +44(0)1280 822255 or email office@vanguardconsult.co.uk.

 

9)              Modifying

You may not, without our prior written consent, modify CapChart or incorporate CapChart in any other programs.

 

10)           Ownership

10.1 Title, copyright and all other proprietary rights in CapChart and all parts and copies of it shall remain vested in Vanguard.

10.2 You will follow all reasonable instructions given by us from time to time with regard to indicating the property and rights of Vanguard.

 

11)           Assignment

Neither party shall assign any of its obligations under this Licence without the prior written consent of the other party.  You shall not, without our prior written consent, assign this Licence as part of a corporate restructure or amalgamation or disposal of the whole or any part of its business or assets to a third party.

 

12)           Termination

If we discover or have any reason to suspect that you have breached any aspect of this Licence, we reserve the right to terminate the license(s) and the use of CapChart immediately, without notice or refund, and take any appropriate legal action.

 

13)           Removing parts of this Licence

If any part of this Licence is found by a court or other authority entitled to make a judgement about it to be invalid, unlawful or unenforceable, then that part will be treated as if it has been removed from the remainder of this Licence which will continue to be valid and enforceable.

 

14)           Disputes

All disputes about this Licence will be dealt in accordance with and governed by English law and the Courts of England will be the only place where such disputes can be decided.

 

15)  Contact us

If you have any issues about CapChart or this Licence, please contact us on: office@vanguardconsult.co.uk; telephone +44 (0)1280 822255.