LAWAFRICA LAW REPORTS LICENCE AGREEMENT

 

LAWTEL AFRICA (“LAWAFRICA”) LIMITED HEREBY OFFER TO LICENSE THE REGISTRANT TO USE LAWAFRICA LAW REPORTS WEB BASED SERVICE ON THE TERMS SET OUT IN THE LICENCE AGREEMENT.  THE REGISTRANT WILL SIGNIFY ITS ACCEPTANCE OF THE SAID AGREEMENT BY CLICKING ON THE YES/ I ACCEPT BUTTON. SHOULD THE REGISTRANT NOT WISH TO ACCEPT THE SAID AGREEMENT IT MUST CLICK ON THE I DON’T ACCEPT BUTTON.

 

LAWAFRICA LICENCE AGREEMENT

 

1.     Definitions   In this agreement:-
“the licensor”	Means Lawtel Africa Limited, registration No. C.88, , a company registered under the company laws of the Republic of Kenya;
“the licensee”	Means the addressee to whom the software was dispatched for its use;
“the software”	Means the software running Lawafrica Law Reports known as “LLR Search Engine”, Lawafrica Law Reports themselves and any other material run by the search engine, together with any updates or modifications thereto;
Subscription Fee	Licence Fees made by the Licensee to the licensor in respect of the use of the Software for a specified number of users.

 

2.     Licence and Copyright

2.1              Subject to receipt of the subscription Fee, the licensor hereby licenses the licensee to use the software.

 

2.2              The licensor retains ownership of the copyright and all other intellectual property rights in the software.

 

3.     Uses

3.1              The software may only be used by the licencee on its computer system/s or computer network.

 

3.2              For each licensed use of software which you have purchased, only the specified number of  person may access the software at any given time.

 

3.3              The software may not be copied except for the purposes of downloading material contained in LLR.

 

3.4              The software may not be modified, altered, or adapted, nor may the licensor’s copyright or trademark notices be removed or obscured.

 

3.5              You may not and you may not permit others to (a) disassemble, decompile or otherwise derive source code from the software, (b) reverse engineer the software, (c) modify or prepare derivative works of the software, (d) copy the software, except to make a single copy for archival purposes only, (e) rent or lease the software, (f) use the software in an on-line system, (g) transfer the software or any copy thereof to another party, unless you transfer all media and written materials in this package and retain no copies of the software (including prior versions of the software) for your own use.

 

4.     Limited warranty and limitation of liability

For a period of 60 days from the date of software is acquired by you, the Licensor warrants that the media upon which the software resides will be free of defects that prevent you from loading the software on your computer.  The Licensor’s sole obligation under this warranty is to replace any defective media, provided that you have given the Licensor notice of the defect within such 60-day period.  The software is licensed to you on an “AS IS” basis without any warranty of any nature.

 

5.     Exclusions

THE LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE SOFTWARE (INCLUDING DATA LOSS OR CORRUPTION), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.  IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE LICENSOR’S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE LICENCE FEES PAID BY YOU FOR THE SOFTWARE.  THE REMEDIES AVAILABLE TO YOU AGAINST THE LICENSOR UNDER THIS AGREEMENT ARE EXCLUSIVE.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

6.      Transferability

The licensee may not transfer, lease, lend or sub-license the software to any other person nor cede any of the licensee’s rights hereunder without the prior written consent of the licensor.

 

7.     Licensee’s undertakings

7.1              The licensee will ensure that the licensee’s employees shall comply with the terms of this agreement.

 

7.2              The licensee will take all reasonable precautions to ensure that the software is not used otherwise than in accordance with the provisions of this agreement.

 

8.     Termination

8.1              Should the licensee fail to comply with any term of this agreement or the software be used otherwise than in accordance with the provisions of this agreement then the licensor may cancel the licensee’s licence forthwith.

 

8.2              The provisions of paragraph 8.1 above are in addition to any other rights that the licensor has in law.