Terms And Conditions

Ariaware Limited
Company Number: 4474087

At Ariaware Limited we pride ourselves on the quality and effectiveness of our services. We value very highly the relationships we have with our clients and want to do everything we can to develop and sustain those relationships. With that in mind, we have established a simple set of terms and conditions in order to clarify important aspects of those relationships.

Please take a moment to read these conditions and call us if you have any queries or feel that they are unreasonable. In the absence of such communication we will assume that you have accepted the conditions.

Ariaware Limited reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt.

Scope

This statement discloses the terms and conditions for the Ariaware network of sites, which encompasses the following URLs:

• ariawareoptimizer.com
• londonmmug.org
• bitsandpixels.co.uk
• flashant.org
• robinhost.com
• ariaware.com

and subdomains of these websites.

This statement does not extend to sites that are linked to Ariaware sites but which are not part of the Ariaware network. You should refer to those sites for further details of their terms and conditions.

Indemnification Policy

You agree to use all Ariaware Limited services and facilities at your own risk. Ariaware Limited specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Ariaware Limited be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Ariaware Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Ariaware Limited, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.

ARIAWARE END USER LICENSE AGREEMENT ("EULA") – ARIAWARE RIA PLATFORM (ARP)

Ariaware RIA Platform (ARP)

Copyright (c) 2004 Aral Balkan
Copyright (c) 2004 Ariaware Limited
http://www.ariaware.com

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.

ARIAWARE END USER LICENSE AGREEMENT (“EULA”) – ARIAWARE OPTIMIZER

Ariaware Limited (“Ariaware”) grants you, the Licensee a non-exclusive and non-transferable SINGLE CPU license to the Ariaware Optimizer under the following conditions:

You should carefully read and agree to this entire EULA before installing or using the Product (as defined below) provided.

Some key provisions of this EULA are as follows:

• Each license of Ariaware Optimizer gives you the right to run Ariaware Optimizer on a Single CPU.
• This EULA provides terms and conditions for all Elements (as defined below) of the Product, including, without limitation, source code, computer software, associated media, sample applications, printed materials, “online” or electronic documentation, and services.

IMPORTANT: THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND ARIAWARE FOR THE ARIAWARE OPTIMIZER, WHICH MAY INCLUDE, WITHOUT LIMITATION, COMPUTER SOFTWARE, ASSOCIATED MEDIA, SAMPLE APPLICATIONS, PRINTED MATERIALS, “ONLINE” OR ELECTRONIC DOCUMENTATION, AND SERVICES (COLLECTIVELY, “PRODUCT”). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS, COPYING OR OTHERWISE USING THE PRODUCT. IT PROVIDES A LICENSE TO USE THE PRODUCT AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PRODUCT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT USE AND/OR INSTALL ANY ELEMENTS (AS DEFINED BELOW) OF THE PRODUCT. In order to adapt to changes in Ariaware Optimizer, Ariaware may from time to time, modify and/or add to the terms and conditions of this EULA.

• General License Grant
  
  The licenses granted in this EULA are subject to the terms and conditions set forth in this EULA.
  
  In general, for each license you have acquired for the Product, you may use the Product on one CPU, according to the terms of this EULA.
• (a) Except as otherwise provided in Section 2(b), a license for the Product may not be shared, installed or used concurrently on different computers.
  
  (b) Portable or Home Computer Use. In addition to the single copy of the Product permitted in Section 2(a), the primary user of the computer on which the Product is installed may make a second copy of the Product and install it on either a portable computer or a computer located at his or her home for his or her exclusive use, provided that:
  
  (A) the second copy of the Product on the portable or home computer (i) is not used at the same time as the copy of the Product on the primary computer and (ii) is used by the primary user solely as allowed for such version or edition (such as for educational use only) and (B) the second copy of the Product is not installed or used after the time such user is no longer the primary user of the primary computer on which the Product is installed.
• Unless otherwise set forth in a separate agreement between you and Ariaware Limited, and except as otherwise provided in Section 3(b), you may modify the provided sample source code for the sole purpose of using it in your own Flash applications and websites.
• You may distribute the compiled SWF files of applications and websites that you build using the provided source code and Class Manager Component on a royalty-free basis, provided that you:
• include your own valid copyright notice in your software application product which shall be sufficient to protect Ariaware’s and/or its licensors’ copyright in the source code;
• do not remove or obscure any copyright, trademark or patent notices that appear in the source code as delivered to you;
• do not use Ariaware’s or its suppliers’ names, logos, or trademarks or the names of contributors to endorse or promote your software application products without specific prior written permission from Ariaware; and
• distribute your software application product containing Ariaware source code pursuant to an end user license agreement with terms no less protective than those contained herein.
• If this copy of the Product is an upgrade from an earlier version of the Product, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Product to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Product or transfer it to another person or entity.
• Ownership
  
  The foregoing license gives you limited license to use the Product. Ariaware and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Product (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including International Copyrights, are reserved by Ariaware and its suppliers.
• Term
• This EULA becomes effective when you first install the Product.
• The Licence Agreement will terminate:
• if you notify Ariaware that you wish to terminate the EULA;
• automatically if you are in breach of or fail to comply with any term or condition herein;
• after the time period, if any, specified by Ariaware
• Upon any termination you must destroy all copies of the Product and certify to Ariaware that it has been so destroyed. Upon termination you will not be entitled to any refund of money or other consideration paid by you.
• LIMITED 90 DAY WARRANTY
• For a period of ninety (90) days from the date on which you receive the Product, Ariaware or the Product supplier will, if you discover and notify Ariaware of any material physical defect in the media on which the Product is recorded, replace the defective media free of charge provided that you return (post-paid) to Ariaware the defective media stating your name and address and enclosing your dated proof of purchase of the Product (for example the invoice).
• The 90 day warranty shall not apply in the event that the Product media is lost or stolen or has been damaged by accident, misuse, neglect or unauthorised use or modification.
• Your sole remedy in the event of any defects in the Product media is limited to replacement of the media under this 90 day warranty unless Ariaware is unable to deliver a replacement within 30 days of its return in which case you may terminate the EULA by destroying and certifying to Ariaware destruction of all copies of the Product and your License Fee will be refunded.
• Liability
• ARIAWARE MAKES NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE) RELATING TO THE PERFORMANCE, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE OR OTHERWISE AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED.
• YOU ALONE ARE ABLE TO DETERMINE WHETHER THE SOFTWARE WILL MEET YOUR REQUIREMENTS AND THE ENTIRE RISK AS TO ITS PERFORMANCE IS WITH YOU AND, EXCEPT TO THE EXTENT PROVIDED IN SECTION 5 ABOVE, SHOULD THE SOFTWARE PROVE DEFECTIVE YOU ALONE MUST ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL EXPENSES. IN NO EVENT WILL ARIAWARE BE LIABLE FOR (1) DIRECT, (2) INDIRECT, (3) SPECIAL, (4) INCIDENTAL OR (5) CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR BUSINESS) RESULTING FROM ANY DEFECT AND/OR USE OF THE PRODUCT, EVEN IF ARIAWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER DUE TO ARIAWARE'S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE.
• NOTWITHSTANDING THE ABOVE, IF THERE SHOULD ARISE ANY LIABILITY ON THE PART OF ARIAWARE BY REASON OF THE LICENSING OR USE OF THE PRODUCT OR OTHERWISE, WHETHER DUE TO ARIAWARE 'S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE PRICE PAID BY YOU FOR THE LICENSE TO USE THE SOFTWARE OR AT THE ELECTION OF ARIAWARE THE COST OF REPAIR OR REPLACEMENT OF THE DEFECTIVE SOFTWARE BY ARIAWARE.
• You shall indemnify Ariaware and its Licensors against all claims by third parties (other than claims alleging breach by the Product, as supplied, of a third party's copyright, patent or other intellectual property rights) arising from the possession or use of the software by you or anyone using it with your consent.
• GENERAL
• This Licence Agreement is governed by and interpreted in accordance with the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts.
• By installing and using the Product you acknowledge that you have read this EULA, understand it and agree to be bound by its terms and conditions.
• Any representations, modifications or amendments to this Agreement shall be of no force unless contained in a written memorandum from Ariaware and signed by a duly authorised officer of Ariaware.
• Any party's failure or delay in enforcing any provision hereof will not waive that party's rights.
• If any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or otherwise the remainder of this Agreement shall remain valid and enforceable according to its terms.
• Ariaware may assign or transfer its rights and obligations under this Agreement without your prior consent.

U.S. GOVERNMENT RESTRICTED RIGHTS. The licensed Products provided under this Agreement are commercial computer software developed exclusively at private expense, and in all respects is proprietary data belonging to Licensor or its suppliers. If the Licensed Products are acquired by or on behalf of agencies or units of the Department of Defense ("DoD"), then, pursuant to DoD FAR Supplemental Section 227.7202 and its successors (48 C.F.R. 227.7202) the Government's right to use, reproduce or disclose the Licensed Products acquired under this Agreement is subject to the restrictions of this Agreement. If the Licensed Products are acquired by or on behalf of civilian agencies of the U.S. Government, then, pursuant to FAR Section 12.212 and its successors (48 C.F.R. 12.212), the Government's right to use, reproduce or disclose the Licensed Products acquired under this Agreement is subject to the restrictions of this Agreement.

Regarding our Training events:

Cancellation

Should it be necessary to cancel a course for any reason, the following cancellation charges will be incurred:

• More than 30 days from the agreed date of the course: No charge.
• Less that 30 days, more than 15 days: 50%
• Less than 15 days: 100%

Course cancellations can only be accepted in writing. Please email cancellation requests to cancel@bitsandpixels.co.uk stating your Reservation Confirmation Number from your confirmation email.

Force Majeure

Ariaware Limited makes every possible attempt to run all courses, however, Ariaware Limited reserves the right to cancel any course for whatever reason at any time. In case of a cancellation, we will strive to inform you at the earliest possible time. Ariaware Limited will not be liable for costs incurred by the delegate.

Source code license

All ARP source code is released under the MIT license. A copy of the license may be found in the ARP Developer's Manual as well as in the source code.

Developer's Manual and web site license

The Developer's Manual and the content of the ARP web site is released under the Creative Commons Attribution-NonCommercial-ShareAlike 2.0 license.