End-User License Agreement (EULA)
Important: Please read this agreement carefully before downloading, installing, accessing, or using the software. By downloading, installing, accessing, or using the software, you agree to be bound by this End-User License Agreement. If you do not agree to these terms, do not download, install, access, or use the software.
This End-User License Agreement (“Agreement”) is a legal agreement between you, the end user (“you” or “your”), and Hartgen Consultancy (“Hartgen Consultancy”, “we”, “us”, or “our”) for the software product supplied with this Agreement, including any related files, documentation, updates, upgrades, support releases, and electronic materials (together, the “Software”).
All Hartgen Consultancy products are supplied electronically by download from the company website unless otherwise stated.
1. Grant of Licence
1.1 Subject to your compliance with this Agreement, Hartgen Consultancy grants you a limited, personal, non-exclusive, non-transferable, revocable licence to download, install, and use the Software.
1.2 This licence permits use of the Software only in accordance with this Agreement and only for your own lawful use.
1.3 The Software is licensed, not sold. Hartgen Consultancy and its licensors retain all rights not expressly granted to you under this Agreement.
2. Ownership and Intellectual Property
2.1 The Software, including all code, text, data, documentation, names, design elements, and any other content supplied with it, is owned by or licensed to Hartgen Consultancy and is protected by copyright and other intellectual property laws.
2.2 Your licence gives you a right to use the Software only. It does not give you any ownership rights in the Software.
3. Licence Scope and JAWS Serial Number
3.1 The Software is licensed for use in connection with one specific JAWS for Windows serial number at any one time unless otherwise stated in writing.
3.2 During the purchase process, the relevant JAWS serial number must be submitted as part of the order. The licence granted for the Software is associated with that serial number.
3.3 You may install and use copies of the Software only for use with the licensed JAWS serial number, and only in accordance with this Agreement.
3.4 If you wish to change the JAWS serial number associated with the Software, you must be using the latest released version of the relevant Hartgen Consultancy product at the time the change is requested. Hartgen Consultancy will refuse a serial number change request where this condition is not met.
3.5 Hartgen Consultancy may require reasonable information from you to verify your licence entitlement and the JAWS serial number associated with your purchase.
4. Restrictions
You must not, and must not permit any other person to:
4.1 copy the Software except as reasonably necessary for installation, backup, or use as expressly permitted by this Agreement;
4.2 sell, resell, rent, lease, lend, sublicense, assign, distribute, publish, or otherwise make the Software available to any third party;
4.3 share licence files, activation information, download access, or any other means of enabling an unlicensed person to use the Software;
4.4 use the Software with any JAWS serial number other than the serial number associated with your licence, except where Hartgen Consultancy has expressly approved a change;
4.5 reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent such restriction is prohibited by applicable law;
4.6 modify, adapt, translate, or create derivative works of the Software, except where functionality expressly provided by the Software allows configuration or customisation;
4.7 remove, alter, or obscure any copyright, trade mark, licence, or proprietary notices in the Software;
4.8 allow the Software to be accessed or used as part of a service bureau, hosted service, timesharing service, or similar arrangement for the benefit of third parties;
4.9 use the Software in any unlawful manner or in any way inconsistent with this Agreement.
5. No Redistribution
5.1 Redistribution of the Software is strictly prohibited.
5.2 Redistribution includes, without limitation:
(a) providing copies to any third party;
(b) making the Software available for download by others;
(c) granting access over a network or other system;
(d) transferring activation or licence rights to another person; and
(e) selling, renting, leasing, lending, or otherwise supplying the Software to another person.
6. Support and Updates
6.1 Licensed users of the current version of the Software, and where Hartgen Consultancy chooses, the immediately previous version, are entitled to free technical support for a period of one year from the date of purchase.
6.2 Hartgen Consultancy may provide support by email, documentation, website content, replacement files, maintenance releases, or other methods we consider appropriate.
6.3 Any supplementary software, code, files, or materials provided as part of support or maintenance shall be treated as part of the Software and shall be governed by this Agreement unless Hartgen Consultancy states otherwise in writing.
6.4 Hartgen Consultancy may limit, withdraw, or discontinue support for versions that are no longer current.
7. Support and Updates
7.1 Licensed users of the current version of the Software, and where Hartgen Consultancy chooses, the immediately previous version, are entitled to free technical support for a period of one year from the date of purchase.
7.2 Hartgen Consultancy may provide support by email, documentation, website content, replacement files, maintenance releases, or other methods we consider appropriate.
7.3 Any supplementary software, code, files, or materials provided as part of support or maintenance shall be treated as part of the Software and shall be governed by this Agreement unless Hartgen Consultancy states otherwise in writing.
7.4 Hartgen Consultancy may limit, withdraw, or discontinue support for versions that are no longer current.
7.5 No technical support, upgrades, updates, or serial number change service is provided for any demonstration, trial, evaluation, or other unlicensed version of the Software. Such services are available only to users holding a valid purchased licence, unless Hartgen Consultancy expressly states otherwise in writing. For the avoidance of doubt, this clause does not limit any rights that cannot lawfully be excluded under applicable law.
8. Privacy and Information You Provide
8.1 In order to provide support, licence administration, updates, or serial number changes, Hartgen Consultancy may ask you to provide information such as your name, contact details, order details, JAWS serial number, product version, and basic technical information about your system.
8.2 Hartgen Consultancy will use such information only for legitimate business purposes, including licence administration, customer service, support, fraud prevention, product improvement, and compliance with legal obligations.
8.3 Hartgen Consultancy will handle personal data in accordance with its applicable privacy practices and legal obligations.
9. Refunds
9.1 Because the Software is delivered electronically by download, refund eligibility may be limited once the Software has been supplied, downloaded, accessed, activated, or used, except where applicable law requires otherwise.
9.2 If you believe you are entitled to a refund, you must contact the supplier or Hartgen Consultancy, as applicable, with proof of purchase and sufficient details of your request.
9.3 Nothing in this Agreement limits any statutory rights you may have under applicable consumer law.
10. Term and Termination
10.1 This Agreement takes effect on the date of purchase of the Software, whether or not the Software is downloaded, installed, accessed, or used on that date, and continues until terminated in accordance with this Agreement.
10.2 Hartgen Consultancy may terminate this Agreement immediately if you materially breach any term of it.
10.3 On termination, your licence ends immediately and you must stop using the Software and delete or destroy all copies in your possession or control.
10.4 Termination does not affect any rights or remedies that either party may have accrued before termination.
11. Warranty Disclaimer
11.1 The Software is provided “as is” and “as available”, to the fullest extent permitted by law.
11.2 Hartgen Consultancy does not warrant that the Software will be error-free, uninterrupted, secure, or compatible with every device, configuration, or third-party software environment.
11.3 Hartgen Consultancy does not warrant that the Software will meet your particular requirements, except to the extent expressly stated in writing.
11.4 To the fullest extent permitted by law, Hartgen Consultancy excludes all implied warranties, conditions, and other terms, including any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement.
11.5 Nothing in this Agreement excludes or limits any warranty or right that cannot lawfully be excluded or limited under applicable law.
12. Limitation of Liability
12.1 To the fullest extent permitted by law, Hartgen Consultancy shall not be liable for any indirect, incidental, special, consequential, or punitive loss or damage, or for any loss of profits, revenue, data, business, contracts, goodwill, or anticipated savings arising out of or in connection with the Software or this Agreement.
12.2 Hartgen Consultancy’s total aggregate liability arising out of or in connection with the Software or this Agreement shall not exceed the amount you paid for the Software giving rise to the claim.
12.3 Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
13. Export, Compliance, and Lawful Use
13.1 You are responsible for complying with all applicable laws and regulations in connection with your download, installation, and use of the Software.
13.2 You must not use, export, re-export, or otherwise transfer the Software in violation of applicable laws or regulations.
14. General
14.1 If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect.
14.2 Hartgen Consultancy’s failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
14.3 This Agreement constitutes the entire agreement between you and Hartgen Consultancy regarding the Software and supersedes any earlier understandings or agreements relating to it.
14.4 Hartgen Consultancy may update this Agreement for future releases of the Software. The version supplied with the Software you download or install will apply to that version unless applicable law requires otherwise.
14.5 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by the laws of England and Wales, unless mandatory local law in your jurisdiction requires otherwise.
14.6 The courts of England and Wales shall have exclusive jurisdiction, except where applicable law gives you the right to bring a claim in another jurisdiction.
