The document templates toolkits Terms and Conditions apply to the the Food Safety Management Systems standards listed on the following page:
ASC CONSULTANTS END USER LICENSE AGREEMENT
IMPORTANT: This Documentation toolkits user license agreement is a legal agreement between you and ASC Consultants, hereinafter referred to as ASC. Please read it carefully before using, installing and/or downloading any of the applicable toolkits. It provides a license to use and install the relevant documentation toolkit. By using the relevant Documentation toolkit, you are confirming your acceptance of the Documentation toolkit and agreeing to become bound by the terms of this agreement.
If you disagree to be bound by these terms, then do not use, or install/download the Documentation toolkit and return the Documentation toolkit in its original form back to ASC. The entire Documentation toolkit is the copyright of ASC Consultants and protected against international copyright laws.
Each individual copy is given a copy number, and it will be traced from the copy number written at the top of each header page. ASC Consultants remains the owner of the products. The material presented within the applicable toolkit is for informational and educational purposes only. All parties involved for the development of the material shall not be liable for any inappropriate use of this information.
This Agreement shall apply only to the applicable Documentation toolkit supplied by ASC.
1. LICENSE GRANTS
a) You may install and use the Documentation toolkit only on a single entity use. Usage on multiple sites or over a network is only permissible provided you have a license for each separate entity on which the Documentation toolkit is installed and run. A license for the Documentation toolkit may not be shared, installed, or used concurrently on different computers from different entities.
b) You agree that ASC may audit your use of the Documentation kit for compliance with these terms at any time, upon reasonable notice.
c) Your license rights under this Agreement are non-exclusive.
2. LICENSE RESTRICTIONS
a) You may not make or distribute copies of the Documentation toolkit, or electronically transfer the Documentation toolkit from one computer to another or over a network.
b) You may alter, merge, modify, adapt, or translate the Documentation toolkit, or recompile, reverse-engineer, disassemble, or otherwise reduce the Documentation toolkit to a human-perceivable form to suit your requirements.
c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Documentation toolkit.
d) In the event that you fail to comply with this Agreement, ASC may terminate the license, and you must destroy all copies of the Documentation toolkit (with all other rights of both parties and all other provisions of this Agreement surviving any such termination).
The foregoing license gives you a limited license to use the Documentation toolkit. ASC and its suppliers retain all right, title, and interest, including all copyrights, in and to the Documentation toolkit and all copies thereof. All rights not specifically granted in this Agreement are reserved by ASC and its suppliers.
4. LIMITATION OF LIABILITY
a) Neither ASC nor its suppliers shall be liable to you or any third party for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, business, interruption or the like), arising out of the use or inability to use the Documentation toolkit or this Agreement based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if ASC or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
b) ASC’s total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you for the Documentation toolkit that caused such damage
5. LIMITED WARRANTY AND DISCLAIMER
a) LIMITED WARRANTY. ASC warrants for a period of seven (07) days from the date of delivery (as evidenced by a copy of your receipt):
i) when used with a recommended hardware configuration, the Documentation toolkit will perform in substantial conformance with the documents supplied with the Documentation toolkit; and
(ii) the electronic media on which the Documentation toolkit is furnished will be free from defects in materials and workmanship under normal use.
b) NO OTHER WARRANTY. Except as set forth in the foregoing limited warranty, ASC and its suppliers disclaim all other warranties, either express or implied or otherwise including the warranties of merchantability and fitness for a particular purpose also, there is no warranty of no infringement, title or quiet enjoyment.
If applicable law implies any warranties with respect to the Documentation toolkit, all such warranties are limited to duration of seven (07) days from the date of delivery. No oral or written information or advice given by ASC to clients shall create a warranty or in any way, increase the scope of this warranty. The replacement of sold product against our other products is not done in any circumstances.
6. GENERAL PROVISIONS
This Agreement shall be governed and construed in accordance with the laws of South Africa and subject to the exclusive jurisdiction of the South African courts. This Agreement 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. All questions concerning this Agreement shall be directed to: ASC Consultants, Harbour View Building, Regus Office Park, 1st Floor, Oakworth Road, Humerail, Port Elizabeth, 6001.