Terms & Conditions

Department of Trade and Industry
Export Control Organisation

The Secretary of State, in exercise of powers conferred by Articles 6 & 7 of Council Regulation (EC) No. 3381/94 (a) ("the Regulation") and Regulation 3 of the Dual-Use and Related Goods (Export Control) Regulations 1996(b) ("the UK Regulations"), hereby grants the following Open Individual Export Licence:-

Licensed Exports

1. Subject to the following provisions of this Licence, the person specified in Schedule 1 hereto ("the exporter") may, within a period of three years beginning on the date of this Licence, export goods of the description specified in Schedule 2 hereto from the United Kingdom or any Member State to any destination in any country specified in Schedule 3 hereto.

Conditions

2. The authorisation in paragraph 1 above is subject to the following conditions:

(a) this licence need not be presented to HM customs and Excise but its official reference must be quoted on the shipping documentation on each and every occasion an export is effected under this Licence;
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(a) O.J. No. L367, 31.12.94, p.l.
(b) S.I. 1996/2721

(b) the goods shall not be exported

(i) if the exporter has been informed by a competent authority that they are or may be intended, wholly or in part, to be used in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons, or the development, production, maintenance or storage of missiles capable of delivering such weapons: or

(ii) if the exporter knows they are intended, wholly or in part, to be used in connection with one of the activities referred to in sub-paragraph (i) above; or

(iii) if the exporter has grounds for suspecting that they might be so used, wholly or in part, in connection with an activity referred to in sub-paragraph (i) above, unless he has made all reasonable enquiries as their proposed use and satisfied himself that the goods will not be so used; or

(iv) if the exporter knows they are intended or likely to be used for other military purposes.

c) the exporter shall maintain records of all goods exporter under this Licence (including copies of documents relating to all shipments ) for at least 4 years from the end of the calendar year in which the export took place and permit them to be inspected an copied by any person authorised by the Secretary of State and Commissioners;

d) subject to sub-paragraph (e) below the exporter shall obtain from each consignee in respect of each exportation preferably before but certainly not later than one month after the date of exportation an undertaking that the goods are not intended for re-export to a destination, export to which is not permitted by this Licence;

e) where the exporter intends to make more than one exportation to the same consignee in any period of one year during which this Licence remains n force , the exporter may obtain from that consignee, preferably before but certainly not later than one month after the date of the first exportation to that consignee in that year, an undertaking in the terms specified in sub-paragraph (d) above expressed to apply to all exports to be made to that consignee during that year;

Prohibitions not affected by this Licence.

3. Nothing in this Licence shall

(a) authorise the exportation of goods directly or indirectly to any country other than a country specified in Schedule 3 to this Licence, or

(b) affect any prohibition or restriction on the exportation of any goods other than under the Regulation or the UK Regulations.

Interpretation

4. Unless the context otherwise requires, any expression used in this Licence shall have the meaning it bears in the Regulation or the UK Regulations, according to context.

NOTE

1. This Licence may be varied or revoked at any time by the Secretary of State for Trade and Industry. This Licence is not transferable and may not be varied except by the Secretary of State for Trade and Industry.

2. This Licence does not extend to prohibitions or restrictions under other legislation, particularly that implementing United Nations Sanctions or Embargoes.

3. This Open Individual Export Licence is a Community Licence for the purposes of the UK Regulations.

Department of Trade and Industry
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SOFTWARE PRODUCTS: Reflex Macro Interceptor and Refex DataVault

This EULA is a legal agreement between you (either an individual or an entity) and Reflex Magnetics Limited for the SOFTWARE PRODUCT including computer software and associated media and printed materials, and may include "online" or electronic documentation. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT. You may, however, promptly return it to the place from which you obtained it for a refund.

SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:
a. You may use one copy of the SOFTWARE PRODUCT on a single computer unless a valid license agreement from Reflex Magnetics Limited or an appointed distributor, has been issued and states the number of computers and servers onto which the SOFTWARE PRODUCT is allowed to be used.
b. The SOFTWARE PRODUCT is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed onto the hard disk, CD-ROM, or other storage device of that computer.
c. Solely with respect to electronic documents included with the SOFTWARE PRODUCT, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.

2.UPGRADES. If the SOFTWARE PRODUCT is an upgrade you may only use the UPGRADE where eligible in conjunction with licensed product. The resulting upgraded product is still subject to the terms and conditions of this EULA.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), including all accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Reflex Magnetics Limited. Copyright laws and international treaty provisions protect the SOFTWARE PRODUCT. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either
(a) make one copy of the SOFTWARE PRODUCT solely for backup purposes or
(b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy or distribute the printed materials accompanying the SOFTWARE PRODUCT.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.
b. The SOFTWARE PRODUCT is licensed as a single product and neither the software programs comprising the SOFTWARE PRODUCT or any UPDATE may be separated for use by more than one user at a time, unless you are legally eligible to do so.
c. Rental. You may not rent, lease or lend the SOFTWARE PRODUCT to any party.
d. If the SOFTWARE PRODUCT is labelled "Not for Resale" or "NFR" or "Evaluation Copy" then, notwithstanding other sections of this EULA, you may not sell, or otherwise transfer for value, the SOFTWARE PRODUCT.
e. Termination. Without prejudice to any other rights, Reflex Magnetics Limited may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.

LIMITED WARRANTY
Reflex Magnetics Limited warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. To the extent allowed by law, implied warranties on the SOFTWARE PRODUCT are limited to ninety (90) days.

CUSTOMER REMEDIES. Reflex Magnetics Limited and its suppliers' entire liability and your exclusive remedy shall be, at Reflex Magnetics Limited option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Reflex Magnetics Limited Limited Warranty and which is returned to Leprechaun Software with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication.

NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, REFLEX MAGNETICS LIMITED AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY WITH LOCAL LAW.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REFLEX MAGNETICS LIMITED OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.