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Licence Agreement

PLEASE READ THIS CAREFULLY BEFORE YOU DOWNLOAD/USE THIS SOFTWARE

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DETAIL TECHNOLOGIES LIMITED (DETAIL) BY INSTALLING, COPYING OR OTHERWISE USING ANY OF OUR SOFTWARE PRODUCTS INCLUDING UPGRADES, SOURCE CODE AND RELATED DOCUMENTATION ('OUR SOFTWARE') FOR ANY PURPOSE, YOU ARE AGREEING TO BE BOUND BY THIS LICENCE INCLUDING WITHOUT LIMITATION THE EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY CONTAINED THEREIN.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENCE YOU MAY NOT INSTALL, COPY OR OTHERWISE USE ANY OF OUR SOFTWARE ' YOU MUST ALSO RETURN THE CD TOGETHER WITH ANY ITEMS THAT ARE PART OF THE PRODUCT TO DETAIL.

DETAIL non-exclusively licences this copy of Our Software to you as the End-User for as long as you comply with the terms of this licence. 

YOU MUST READ THIS AGREEMENT CAREFULLY.

1. GRANT OF LICENCE

1.1 Our Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  Our Software is licensed and not sold to you.  This Licence is not a sale of Our Software recorded on the CD-ROM provided or any copyright in it them. 

You are not permitted to install or use Our Software except in accordance with this licence.  In consideration of your agreement to the terms of this Licence DETAIL grants you a non-exclusive right ('Licence') to install and use Our Software as permitted under this Licence.

1.2 You own only the CD-ROM (or authorised replacement) on which Our Software is recorded.  You may retain the CD-ROM on termination of this Agreement provided that Our Software has been erased.  DETAIL shall at all times retain ownership of Our Software as recorded on the original CD-ROM and all subsequent copies thereof regardless of form. 

This Agreement applies to the grant of the licence contained herein only and not to the contract of sale of the CD-ROM.

2. PERMITTED ACTS

2.1 You are permitted:-

2.1.1 to install, store and use only one copy of Our Software on one  a single computer at any one time and not via any network or by means of remote or other access except as otherwise agreed between by Detail us in writing in advance;

2.1.2 to transfer  to remove Our Software from one machine and load them onto computer to another provided that the Software is installed and used on only one computer at a time;

2.1.3 to use Our Software in the manner specified in the accompanying documentation;

2.1.5 to use Our Software for your personal use or in your business or profession ' permitting unauthorised access to, copying or use of Our Software is a breach of this Licence.

3. PROHIBITED ACTS YOU MAY NOT NOR PERMIT OR ALLOW OTHERS TO:

3.1 You may not nor permit or allow others to:-

3.1.1 install, use copy or transfer Our Software except as permitted by this Licence;

3.1.2 use Our Software on more than one machine computer at a time;

3.1.3 Eelectronically transfer Our Software to another machine computer over a network;

3.1.4 distribute, loan, rent, lease or sub-license or otherwise deal in  Our Software;

3.1.5 alter, adapt, merge, modify or translate Our Software in any way for any purpose, including, without limitation, for error correction;

3.1.6 reverse-engineer, disassemble or decompile Our Software except that you may decompile Our Software only to the extent permissible by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with Our Software or with another program and provided always such information is not readily available from DETAIL or elsewhere;

3.1.7 remove, change or obscure any product identification or notices of proprietary rights and restrictions on or in Our Software; or

3.1.8 copy or distribute the documentation accompanying Our Software except as reasonably required for internal use.

4. DEALING IN OUR SOFTWARE

4.1 You may physically transfer the CD-ROM containing Our Software together with the licence to use Our Software to another person provided the other person accepts the terms of this LicenceAgreement, in which case If you transfer Our Software you must at the same time either:

4.1.1 transfer all copies of Our Software and Documentation to the same person; or

4.1.2 destroy any copies not transferred, including any updates and previous versions or
provided that any transfer outside of the United Kingdom shall require the prior written consent of Detail which shall in no event be given unless you can demonstrate to Detail that you have complied with the provisions of clause 10.7.

4.2 If you transfer possession of any copy of the Software to another person, Licence should automatically terminate.

4.2.1. Our Software, their code, is their structure and all ideas and principles underlying them are, except where they are in the public domain, the confidential information of DETAIL or its licensors, and you must not disclose them or use them without permission.

5. CONFIDENTIALITY

5.1 'Confidential Information' means all other materials and documents necessary to enable a reasonably skilled programmer to maintain, amend and enhance the software in question without reference to any other person or document and whether in eye-readable or machine-readable form.

5.2 You will keep the Confidential Information under this Licence strictly confidential and will not divulge the whole or any part thereof to any third party without Detail's prior written permission.

5.3 The provisions of this clause 5 shall survive the termination of this Licence..

6. TERM AND TERMINATION

6.1 This Licence will continue until terminated.  You may terminate it at any time by destroying or returning to DETAIL Our Software together with all copies in any form.

6.2 Upon termination of this Licence for any reason you will destroy Our Software together with all copies in any form, including copies on your hard and back-up disks. 

Any use of copies of our Software or documentation provided with it after termination of this Licence is unlawful.

7. LIMITED WARRANTY

7.1 DETAIL warrants only to you, as the original licensee, that Our Software will perform substantially in accordance with the accompanying documentation under normal use and when operated in accordance with that documentation ('the Warranty') provided that Our Software is properly used on a computer and an operating system which meets or exceeds the minimum required specification stipulated on the [CD-ROM packaging] for a period of 60 days from the date of your receipt by you of Our Software (whether during any applicable trial period or otherwise) ('the Warranty Period'). 

The Warranty is void if to the extent that any failure of Our Software has is a resulted from of accident, abuse, misapplication, modification, or use of Our Software other than in accordance with this lLicence.  Any replacement for Our Software supplied pursuant to clause 7.2.1 will be warranted for the remainder of the Warranty Period or 30 days, whichever is the longer.

7.2 Detail's entire liability and your exclusive only remedy under the Warranty will be, at Detail's option to either:

7.2.1 repair or replace of Our Software which does not conform with the Warranty; or

7.2.2 refund of the price paid for Our Software and terminate this Licence.

This remedy is subject to the return of Our Software with a copy of your payment receipt to DETAIL not later than 5 days after the end of the Warranty Period.    The Warranty gives you specific rights.  You may have other legal rights which vary from jurisdiction to jurisdiction. Nothing in this clause 7 shall effect your statutory rights if you are a consumer.

8. EXCLUSION OF OTHER WARRANTIES

8.1 Without prejudice to the Warranty, to the maximum extent permitted by law DETAIL to the maximum extent permitted by law disclaim all other warranties, conditions or representations, express or implied, statutory or otherwise, including without limitation the implied terms of satisfactory quality and fitness for a particular purpose are excluded.  DETAIL does not warrant that the operation of Our Software will be error free or its uninterrupted or that it is correct in all interpretations of current legislation. 

You acknowledge that it is your responsibility to ensure that Our Software is suitable for your needs and that any hardware or software with which you propose to use Our Software is Year 2000 Compliant in all respects and in good order and operating condition at all times and that the entire risk as to the performance, results and practical implementation of law contained in Our Software is assumed by you.  Any other software and/or hardware not produced by DETAIL furnished with, accompanying or used with Our Software is not warranted by DETAIL.

9. DISCLAIMER

9.1 Whilst every effort is made to ensure the information contained in Our Software is accurate and complete, DETAIL does not give any guarantee or warrants that such information is accurate.

Our Software has undergone numerous rigorous testing phases involving numerous people at both a local and national level.  Although DETAIL TECHNOLOGIES LIMITED are satisfied that the quality of the software and questions you will use are based on current legislation and are correct in the information it is teaching, the above parties accept no legal responsibility if there are any issues arising which may be linked to the incorrect information taught by Our Software.

By accepting the above you waiver your rights to pursue any legal claim against DETAIL TECHNOLOGIES LIMITED in respect of any incorrect information taught to you in the use of Our Software.
VIRUS

9.2 The CD-ROM has been checked for all known current (at the time of release) viruses and independently certified before duplication.  Whilst all reasonable care has been taken during this process, DETAIL TECHNOLOGY LIMITED cannot accept responsibility for any loss or damage due directly or indirectly to its use.  If on arrival your package has been opened or damaged, then please return with a valid Return to Manufacture Authorisation (RAM) Code ' available from DETAIL and Our Software will be replaced at no cost to you.

9.2.1 To the extent permitted by law, in no event will DETAIL be liable for any direct, indirect consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under criminal, contract, tort, or otherwise arising out of the use of or inability to use Our Software and whether or not DETAIL have been advised of the possibility of such damage or loss.

9.3 Without prejudice  to clause 9.3 and to the extent permitted by law, if any exclusion, disclaimer or other provision contained in this Licence is held invalid for any reason and DETAIL becomes liable for loss or damage that could otherwise be limited, such liability, whether in criminal, contract, tort or otherwise, will not exceed the amount actually paid by you for Our Software or £1000 whichever is the greater.

9.3.1 Subject to clause 9.4 below DETAIL's liability is limited to the warranty given in clause 7 above.

9.4 DETAIL does not exclude or limit liability for fraud, death or personal injury caused by its negligence.

10. GENERAL

10.1 This Licence is the entire agreement between you and DETAIL and supersedes any other oral or written communications, agreements or representations with respect to Our Software.

10.2 Nothing in this Licence will affect the statutory rights of a consumer in 'consumer transactions' under any applicable statute.

10.3 If any part of this Licence is held by a court of competent jurisdiction to be unenforceable the validity or enforceability of the remainder of the Licence will not be affected.

10.4 This Licence is governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

10.5 Any questions or notices concerning this Licence should be directed to DETAIL TECHNOLOGIES LIMITED at PO BOX 43, PORTH, SOUTH WALES, CF39 8WR, UNITED KINGDOM.

10.6 DETAIL may assign, sub-licence, sub-contract mortgage or otherwise transfer this Licence or any of its rights or obligations under it.

10.6.1 This Agreement may only be modified in writing signed by a duly authorised representative of DETAIL.

10.7 You shall comply with all relevant import and export laws, rules and regulations affecting Our Software or any portion of it including, without limitation, those applied by the United Kingdom.  Regardless of any disclosure made by to DETAIL of the destination of Our Software, you will not export or re-export, directly or indirectly, Our Software without first obtaining all written consents or authorisations which may be required by any such laws, rules or regulations.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENCE AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

*The police exam questions contained within both Pass and Pass Online are fully in line with the Centrex Ospre® syllabus and the current Blackstones Manuals. They can be used for any of the police Ospre® Pt 1 exams and also the National Investigators Exam.*