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School Confirmation Letter

 

     

 

     

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Information Communication Technology
Chinhoyi University of Technology
Private Bag 7724, Chinhoyi
Zimbabwe
Tel: +263 67 22203-5

End User License Agreement (EULA)


End-User License Agreement
By installing this software it is implied that you have agreed to the following Terms and Conditions
IMPORTANT: THIS SOFTWARE 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 CHINHOYI UNIVERSITY OF TECHNOLOGY (Hereafter CHINHOYI UNIVERSITY OF TECHNOLOGY). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE 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 INSTALL THE SOFTWARE. THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY CHINHOYI UNIVERSITY OF TECHNOLOGY. HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

  1. Definitions
  2.  "Free Edition" means a version of the Software, so identified, to be used only in Zimbabwean Primary Schools, Secondary Schools and Colleges for non-profit making activities. The Free Edition is fully functional and will cease operating after a predetermined amount of time due to an internal mechanism within the Free Edition.

i. “Free” refers to the purchase price i.e. the software is issued out at absolutely no cost. This excludes license renewal fees, training fees, maintenance fees, and any other cost.
b. "FMS" means Fees Management Software designed and developed by Chinhoyi University of Technology and its licensors, if any.
c. "Software" means only the FMS software program(s) and third party software programs, in each case, supplied by CHINHOYI UNIVERSITY OF TECHNOLOGY, FMS herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
                 
2. License Grants
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:
a.            You may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have an explicitly written permission to install and use the software issued from Chinhoyi University of Technology.
b.   Chinhoyi University of Technology may audit your use of the Software for compliance with these terms at any time. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Chinhoyi University of Technology for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
c.   Your license rights under this EULA are non-exclusive.
d.   You agree that you will do daily backups of your databases on Removable Devices which kept separately and securely from the Computer Room.
e. You agree that you must have a written permission to Use the Software from Chinhoyi University of Technology.
f. You agree to pay the following fees
i. Software maintenance fees – paid only when support is provided by Chinhoyi University of Technology
ii. License Renewal Fees - The fees shall be determined by Chinhoyi University of Technology from Time to time
iii. User Training Fees – Paid before receiving training from
g. You agree that Fees Management System will not replace manual system. Each record in the system must have a corresponding hard copy record.


3. License Restrictions
a.            Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
b.            You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
c.             Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
d.            Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
e.            Educational Versions may not be used for, or distributed to any party for, any commercial purpose.
f.             In no way shall Chinhoyi University of Technology be held accountable to direct or implied effects which may arise from the use or reliance on use of this software.
 g. Unless otherwise provided herein, you shall not

  1. in the aggregate, install or use more than one copy of the Free Edition of the Software,
  2. Download the Free Edition of the Software under more than one username.
  3. Alter the contents of a hard drive or computer system to enable the use of the Free Edition of the Software for an aggregate period in excess of period for one license to such Free Edition.
  4. Disclose the results of software performance benchmarks obtained using the Free Edition to any third party without Chinhoyi University’s prior written consent.
  5. Use the Free Edition of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial edition; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Free Edition of the Software for any commercial training purpose.

h. You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the Software is to be installed.
l. You shall not use the Software to develop any application having the same primary function as this Software.
J .In the event that you fail to comply with this EULA, Chinhoyi University of Technology may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
4. Upgrades
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
5. Ownership
The foregoing license gives you limited license to use the Software. Chinhoyi University of Technology retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Software (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 Federal and International Copyrights, are reserved by Chinhoyi University of Technology.

6. LIMITED WARRANTY AND DISCLAIMER
a. The Software is provided "as is". CHINHOYI UNIVERSITY OF TECHNOLOGY makes no warranties, express or implied, arising from course of dealing or usage of trade, or statutory, as to any matter whatsoever.
b. CHINHOYI UNIVERSITY OF TECHNOLOGY PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR FREE EDITION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. FREE EDITION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS".
c. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN FREE EDITION AND NOT FOR RESALE VERSION, CHINHOYI UNIVERSITY OF TECHNOLOGY DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. CHINHOYI UNIVERSITY OF TECHNOLOGY does not warrant that the Software is error-free or will operate without interruption. The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. CHINHOYI UNIVERSITY OF TECHNOLOGY specifically disclaims any express or implied warranty of fitness for such purposes.
d. No oral or written information or advice given by CHINHOYI UNIVERSITY OF TECHNOLOGY, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of ANY warranty PROVIDED HEREIN.


7. LIMITATION OF LIABILITY
(a) NEITHER CHINHOYI UNIVERSITY OF TECHNOLOGY NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CHINHOYI UNIVERSITY OF TECHNOLOGY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


8. Third Party Software
The Software may contain third party software which requires notices and/or additional terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions of the third party software.

 

No CHINHOYI UNIVERSITY OF TECHNOLOGY dealer, agent or employee is authorized to make any amendment to this EULA.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of CHINHOYI UNIVERSITY OF TECHNOLOGY to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.


9. Basis of Bargain
The Limited Warranty and Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between CHINHOYI UNIVERSITY OF TECHNOLOGY and you. CHINHOYI UNIVERSITY OF TECHNOLOGY would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer and Limited Liability inure to the benefit of CHINHOYI UNIVERSITY OF TECHNOLOGY licensors.


10. Term
This license is effective until terminated. Licensor has the right to terminate your License immediately if you fail to comply with any term of this License.

 

 


 
** Please make sure you have read and understood the above End User License Agreement