STANDARD LICENSING TERMS AND AGREEMENT
The mBase Software system was jointly developed by Trevor Watkins and Jean Venter(TW&JV), of Randburg, South Africa. A licence to use the software is subject to the following terms and conditions:
1. You may not sell or distribute copies of the software. 2. You may only load mBase on the number of workstations indicated in this Software Licence Agreement. 3. If you are networking the software, you must have a licence for the maximum number of concurrent users in the system. 4. The software may not be copied, reproduced or reverse compiled, changed, or altered without the written permission of Base Software. 5. TW&JV owns the name and all the intellectual property associated with mBase, including any upgrades and amendments made to the software under any circumstance, and by any person. 6. Base Software will not be responsible for any damage or loss, consequential or otherwise, incurred by anyone using the software. Software is used at licensee’s risk. The licensee is responsible for maintaining backups of all data and of the mBase software. 7. Base Software do not guarantee or accept responsibility for the compatibility of the mBase Software, with the many hardware configurations and/or operating system configurations and environments that licensees may use the software on. Material system incompatibility and or consequential damage or losses that emerge more than 14 days after first installation of mBase on the computer systems of a licensee shall be for the account and risk of the Licensee and the licensee indemnifies TW&JV against any such claims. Remedy of material incompatibility and or consequential damages that emerges in the first two weeks after a system is installed on a client computer system, are limited to cancellation of the licence agreement and refund of the purchase price of the mBase Software. Where the system was installed by parties other than staff of Base Software, the aforementioned 14 day remedy does not apply, and the licensee indemnifies Base Software against any data losses or damage caused by such installation. 8. Base Software reserves the right to change the specifications of the software from time to time without prior warning to current or prospective users. 9. Illegal copying and or distribution of mBase Software can and will lead to prosecution to the full extent of the law, and the offender shall bear all costs relating thereto. 10. The software includes intellectual property protection components that may on a periodic basis require an activation code from the authors. 11. Upgrades will be provided if your contract includes an upgrade service, on such terms as outlined in your contract cover page. The frequency of upgrades is not guaranteed. Upgrades are issued as and when substantial blocks of new or updated features are available on the standard version of the software. 12. Customised versions of mBase do not qualify for standard upgrades. 13. mBase is designed for use by organisations registered for VAT on the “Cash Basis” or organisations not liable for payment of VAT. The software also assumes that a majority of your billings are of a non-enforceable nature. Caution is advised in using the mBase Billing System if these conditions do not prevail in your organization. The Licensee indemnifies Base Software against any claim or claims arising from any incompatibility of the functions, features, reports or invoices, or lack thereof, provided by the mBase Software, billing system or accounting system, with legislation, of your particular country or region. 14. Costs for the mBase product and related products may escalate from time to time without notice. 15. All prices quoted do not include VAT. Vat is not payable. 16. Base Software will preserve the confidentiality of client data stored in mBase, and undertakes not to make this data available to any third party without the express written consent of the client. However, Base Software cannot take responsibility for data that users, employed by the client or otherwise, may choose to share with third parties using the facilities of mBase. |