<< Back to Public Website

Britest Facilitator Support Tool End-User Licence Agreement (EULA)

This end-user licence agreement (“EULA”) is a legal agreement between Britest Limited, a company incorporated and registered in England and Wales with company number 04185316 whose registered office is at 9400 Garsington Road, Oxford OX4 2HN (“Britest”) and the Britest member organisation on whose behalf the Software and/or Documentation (as defined below) are downloaded (the “Member”).

This EULA governs the Member's use of:
  • the software application currently known as "Facilitator Support Tool" (including all versions and releases of Facilitator Support Tool for any operating system, platform or device) (the "Software"); and
  • any printed or electronic materials and documentation provided by Britest in relation to the Software (the "Documentation").
By: i) downloading, executing or using the Software; or ii) clicking on the "Accept" button the Member agrees to the terms of this EULA, which will bind it and its employees. If the Member does not agree to the terms of this EULA, it will not be permitted to use the Software or the Documentation.

Britest licences use of the Software and Documentation to the Member on the basis of this EULA. Britest does not sell the Software or Documentation to the Member and (as between the parties to this EULA) remains the owner of the Software and Documentation at all times.

OPERATING SYSTEM REQUIREMENTS: The Software requires Windows XP, Vista, 7,8 or 8.1, in each case including .NET 4.0 Framework.

The Member should print a copy of this EULA for future reference.

1. GRANT AND SCOPE OF LICENCE

1.1 In consideration of payment by the Member of its agreed membership fees to Britest, and the Member agreeing to abide by the terms of this EULA, Britest grants to the Member a non-exclusive, non-transferable licence, which is not capable of sub-licence, to use the Software and the Documentation on the terms of this EULA.

1.2 The Member may:

1.2.1 download, execute and use the Software on any number of computers or devices controlled by the Member, in each case solely for the Member's internal business purposes;

1.2.2 provided the Member complies with the provisions in clause 2 of this EULA, make copies of the Software for back-up purposes only; and

1.2.3 download, view, use and copy the Documentation, in each case solely for the Member's internal business purposes and in support of the Member's permitted use of the Software.

1.3 The licence granted to the Member under clause 1.1 of this EULA shall be limited to the duration of the Member's Britest membership. The Member shall only be entitled to use the Software and to download, receive and use any supplementary software code, update, patch or new version or release of the Software (including without limitation corrections of errors) and Documentation as may be provided by Britest from time to time to the extent that the Member is, at the time of use or download, a current Britest member.

2. RESTRICTIONS

Except as expressly set out in this EULA or as permitted by any local law, the Member undertakes:

2.1 not to copy the Software or Documentation except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;

2.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation;

2.3 not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;

2.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by the Member during such activities:

2.4.1 is used only for the purpose of achieving inter-operability of the Software with another software program; and

2.4.2 is not unnecessarily disclosed or communicated without Britest's prior written consent to any third party; and

2.4.3 is not used to create any software which is substantially similar to the Software;

2.5 to supervise and control use of the Software and ensure that the Software is used by the Member's employees and representatives in accordance with the terms of this EULA and the Britest Company Rules; and

2.6 not to provide or otherwise make available the Software or Documentation in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than its employees without prior written consent from Britest.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 The Member acknowledges that (as between the parties) all intellectual property rights in the Software and the Documentation anywhere in the world belong to Britest, that rights in the Software and Documentation are licensed (not sold) to the Member, and that the Member has no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this EULA and the Britest Company Rules.

3.2 The Member acknowledges that it has no right to have access to the Software in source code form or in unlocked coding or with comments.

3.3 The integrity of the Software may be protected by technical protection measures ("TPM") so that the intellectual property rights, including copyright, in the Software are not misappropriated nor used outside of the scope of the licence granted by this EULA. The Member must not attempt in any way to remove or circumvent any such TPM.

4. LIMITATION OF LIABILITY

4.1 The Member acknowledges that the Software and Documentation are provided "as is" and Britest does not warrant that the Member's use of the Software will be uninterrupted or error-free, nor that the Software, Documentation and/or information obtained by the Member through them will meet the Member's requirements. The Member acknowledges that the Software has not been developed to meet the Member's individual requirements, and that it is therefore the Member's responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet its requirements.

4.2 The Member acknowledges that the Software may not be free of bugs and agrees that the existence of minor errors will not constitute a breach of this EULA.

4.3 Britest shall not under any circumstances whatever be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the EULA for:

4.3.1 loss of profits, sales, business, or revenue;

4.3.2 business interruption;

4.3.3 loss of anticipated savings;

4.3.4 loss or corruption of data or information;

4.3.5 loss of business opportunity, goodwill or reputation; or

4.3.6 any indirect or consequential loss or damage.

4.4 Other than the losses set out in clause 4.3 of this EULA (for which Britest is not liable), the Member's maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £50 (fifty pounds sterling) This maximum cap does not apply to clause 4.5 of this EULA.

4.5 Nothing in this EULA shall limit or exclude Britest's liability for any liability that cannot be excluded or limited by English law.

4.6 This EULA sets out the full extent of Britest's obligations and liabilities in respect of the supply of the Software and Documentation. Except as expressly stated in this EULA, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Britest. Any condition, warranty, representation or other term concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, this EULA, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

4.7 The Member shall defend, indemnify and hold harmless Britest against all losses, liabilities, damages, costs, claims and expenses howsoever arising (including reasonable legal fees on a solicitor and own client basis and other professionaladvisors’ fees, and disbursements and costs of investigation, litigation, settlement, judgment, interest, penalties and remedial actions) arising out of or in connection with the Member's use of the Software and/or Documentation.

5. TERMINATION

5.1 Britest may terminate this EULA immediately by written notice to the Member if the Member commits a material or persistent breach of this EULA which (if remediable) the Member fails to remedy within 14 days after the service of written notice requiring the Member to do so.

5.2 Upon termination for any reason:

5.2.1 all rights granted to the Member under this EULA shall cease;

5.2.2 the Member must immediately cease all activities authorised by this EULA; and

5.2.3 the Member must immediately delete or remove the Software from all computer equipment in its possession or control, and immediately destroy or return to Britest (at Britest's option) all copies of the Documentation then in the Member's possession, or control and, in the case of destruction, certify to Britest that it has done so.

6. NOTICE

6.1 If any clause in this EULA requires the Member to give Britest notice in writing, the Member can send this to Britest by e-mail or by pre-paid post to Britest Limited at enquiries@britest.co.uk or the Heath, Runcorn, Cheshire, WA7 4QX. Britest will confirm receipt of this by contacting the Member in writing, normally by e-mail.

6.2 If Britest has to contact the Member or give the Member notice in writing, Britest will do so by e-mail or by pre-paid post to such address as the Member provides to Britest from time to time.

6.3 Any notice given by the Member to Britest, or by Britest to the Member, will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

7. GENERAL

7.1 Britest may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this EULA. The Member may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this EULA.

7.2 No person who is not a party to this EULA shall have any rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

7.3 No delay by either party in enforcing its rights will limit or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.

7.4 If any provision of this EULA (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain unaffected and in force.

7.5 This EULA contains the whole agreement between the parties in respect of its subject matter and supersedes any prior written or oral agreement between them, and the parties confirm that they have not entered into this EULA on the basis of any representations that are not expressly incorporated in this agreement. Nothing in this EULA will operate to limit or exclude any liability for fraud.

7.6 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

7.7 Each of the clauses of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

7.8 This EULA, its subject matter and its formation (and any non-contractual disputes or claims relating to this EULA) are governed by the law of England and Wales. The parties both agree to the exclusive jurisdiction of the courts of England and Wales.

8. OPEN SOURCE NOTICES

8.1 The Software contains PDFsharp, a .NET library for processing PDF files. PDFsharp is Copyright (c) 2005-2012 empira Software GmbH, Troisdorf (Germany) and published under the MIT Licence. PDFsharp is licensed to Britest under the MIT Licence and is not owned by Britest. The following statement, taken from the MIT Licence, applies to PDFsharp only and not to the Software and Documentation as a whole:

"Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE."

8.2 The Software contains XPTable, a third party library which contains a fully customisable ListView style control, developed by Mathew Hall. XPTable was published on www.codeproject.com under the Code Project Open Licence ("CPOL"). The Libraries are licensed to Britest under CPOL and are not owned by Britest. CPOL may be read at http://www.codeproject.com/info/cpol10.aspx.

8.3 The Member acknowledges that the terms of CPOL apply to XPTable and to the Member's use of XPTable and agrees to comply with the terms of CPOL to the extent applicable to the Member's use of XPTable.

8.4 The Software contains a Ribbon library, a .NET library for displaying a Ribbon style menu. The Ribbon library was developed by KogITH, toATwork, adriancs and Michael Spradlin and published under the Microsoft Public Licence (MS-PL). The Ribbon library is licensed to Britest under the MS-PL licence and is not owned by Britest. The following statement, taken from the MS-PL, applies to the Ribbon library only and not to the Software and Documentation as a whole:

This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.

1. Definitions
The terms "reproduce," "reproduction," "derivative works," and "distribution" have the
same meaning here as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
"Licensed patents" are a contributor's patent claims that read directly on its contribution.

2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

3. Conditions and Limitations
(A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
(E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

8.5 The Software contains imagelistview, a .NET ListView like control for displaying image files with asynchronously loaded thumbnails. Imagelistview was developed by oozcitak and published under the Apache Licence 2.0. Imagelistview is licensed to Britest under the Apache Licence 2.0 and is not owned by Britest. The following statement, applies to imagelistview only and not to the Software and Documentation as a whole:

Copyright 2014 Britest Limited

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS,WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.