(continued)


TRANSFERABILITY

Support is non-transferable and is valid for the individual purchaser only (who must be an End-user).

EXCLUSION AND LIMITATION OF LIABILITY

Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that party or in respect of fraud or of any statements made fraudulently by that party, or arising under Part 1 of the Consumer Protection Act 1987 in respect of any defect in an Actinic Product

Subject to the exception set out in paragraph 1 above and to the extent permissible by law, Actinic will not be liable to you whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for any (whether direct or indirect): (a) loss of profit; (b) loss of revenue; (c) loss of sales; (d) loss of anticipated savings; (e) loss or corruption of data; (f) loss of contract or opportunity; (g) loss of goodwill; (h) costs incurred in modifying Actinic Products (whether in accordance with the Software Documentation or not); (i) unreasonable costs in remedying any loss; or (j) indirect or consequential loss.

Subject to the exception set out in paragraph 1 above and to the extent permissible by law, in the event that Actinic is liable to you in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise its liability shall be limited to a claim for the fees paid to Actinic during any single consecutive 12 month period after your acceptance of this Agreement for any one event or series of connected events.

Any action against Actinic must be brought within 2 years after the cause of action arises.

For purposes of this section, “Actinic” includes its employees, sub-contractors and suppliers.

You acknowledge that given the price paid for the Actinic Products and the Actinic Cover Support Package, the complicated nature of the software, the almost limitless number of software and hardware environment combinations into which the software might be introduced, the fact that Actinic cannot anticipate the particular purpose for which you are using the software and the availability of insurance for any loss that the above limitations and exclusions are reasonable in all the circumstances.

If any provisions of this agreement are held to be invalid under any applicable statute or rule of law, they are to that extent omitted from the agreement without affecting the validity or enforceability of the remainder.

Neither party shall be liable for any delay in performing any of its obligations hereunder if such delay is caused by circumstances beyond the reasonable control of the party so delaying and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights and any analogous rights of any nature created during the provision of the Support are the property of Actinic. You hereby assign all right, title and interest in any such intellectual property rights and agree to provide any assistance that Actinic may require to perfect its title to such rights.

Nothing in this Agreement shall prevent or restrict Actinic from using and exploiting any intellectual property rights, techniques, tools, ideas or know-how created, used or developed during the provision of the support for any purpose whatsoever.

You will keep Actinic fully indemnified against all reasonable costs, claims, expenses, judgments and liabilities suffered by Actinic howsoever arising through infringement of third party intellectual property rights in any software or other material you have combined with the Actinic Products when Actinic is performing its obligations in accordance with this Agreement.

GENERAL

This Agreement contains the whole agreement between the parties in relation to Support of the Actinic Products and supersedes any prior written or oral agreements relating to the same. The failure or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.

CHOICE OF LAW AND JURISDICTION

This agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.

DATA PROTECTION

Both parties undertake to comply with provisions of the Data Protection Act 1998 (“the Act”) in relation to the disclosure, use and storage of any personal information as defined in the Act.

Your name, phone, fax number, address and email address (“Your Data”) will be put onto the Actinic database and processed by us in servicing our relationship with you, including disclosure to third party outsourcers and consultants. This may include, but is not limited to, Actinic’s provision of information about the Actinic Products and updates, notification of changes to the Support or Payment and notification that this Agreement is about to expire. By submitting your Data to us you agree to our storage, use and disclosure of that data.

Unless you notify us otherwise you agree that we may use and analyse Your Data to give you information about our services which may be of interest to you. If you do not wish to be contacted for marketing purposes by us or by third parties please send an email to the following address [email address].

You agree that for the purposes described above Your Data may be transferred to countries outside the EEA.

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