This Licensing Agreement (the “Agreement”) is an end user licence agreement between you (“you”, “Licensee”) and Akktia Ltd., a limited company incorporated in Scotland with company number SC421575 and registered office at Suite 2/3, 48 West George Street, Glasgow G2 1BP, United Kingdom (“Akktia”, “we”, “us”). It governs your use of any software we make available to you, whether free or paid, in source or binary form (the “Software”), together with any associated documentation (“Documentation”).
By downloading, installing, or using the Software, you agree to this Agreement. If you do not agree, do not use the Software. If you use the Software on behalf of an organisation, you confirm you have authority to bind that organisation, and “you” includes that organisation and its authorised users. Where the Software is supplied as part of services we provide, our Service Agreement also applies; if a separate signed agreement or Statement of Work covers the same subject matter, that document prevails.
Commercial Software. Subject to payment of the applicable fees, we grant you a non-exclusive, non-transferable licence to download, install, and use the Software and Documentation for your internal business purposes, on the number of devices, for the number of users, and for the term specified when you purchased it (or, if none is specified, on any devices you control, indefinitely).
Free Software. Where we make Software available free of charge, we grant you a non-exclusive, non-transferable licence to use it for your own purposes. Unless the Software is expressly distributed under a recognised open-source licence (in which case that licence governs), you may share unmodified copies provided you keep intact all copyright and licence notices and provide recipients with a copy of this Agreement.
Educational Software. Software supplied at educational pricing may be used only by students, faculty, and staff of an educational institution, and not for commercial purposes.
App store purchases. Mobile applications obtained through the Apple App Store or Google Play are additionally subject to the terms of the relevant store, which prevail in case of conflict.
Except to the extent permitted by applicable law or expressly allowed by this Agreement, you may not: (a) copy, modify, or create derivative works of the Software; (b) rent, lease, sell, sublicense, distribute, or otherwise make the Software available to third parties; (c) reverse engineer, decompile, or disassemble the Software, except as permitted by law for interoperability purposes; (d) remove or alter any proprietary notices; or (e) use the Software to develop a competing product, or in violation of applicable law, including export control laws.
The Software is licensed, not sold. Akktia and its licensors retain all intellectual property rights in the Software and Documentation. You retain all rights in your own data processed using the Software. If you send us feedback or suggestions about the Software, you grant us a perpetual, royalty-free licence to use them without obligation to you.
The Software may include third-party or open-source components. Such components are governed by their own licence terms, which are identified in the Documentation or accompanying notices, and nothing in this Agreement restricts your rights under those licences.
We may provide updates, patches, or new versions of the Software at our discretion, and this Agreement applies to them unless they come with separate terms. Support arrangements, if any, are as set out in your order or Statement of Work. We are not obliged to maintain or support free Software.
Our handling of personal data is described in our Privacy Policy. While we take appropriate and reasonable measures to safeguard data handled by the Software, no software or system can be guaranteed to be completely secure, and you remain responsible for maintaining suitable backups and security controls for your own systems and data.
Paid Software. We warrant that, for 90 days from delivery, paid Software will substantially conform to its Documentation. Your exclusive remedy for breach of this warranty is that we will, at our option, repair or replace the Software or refund the fees paid for it.
Free Software is provided “AS IS”, without warranty of any kind.
Except as expressly set out above, all warranties, conditions, and terms, whether express or implied by statute, common law, or otherwise (including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement), are excluded to the fullest extent permitted by law. We do not warrant that the Software will be error-free or uninterrupted, or that analytical results produced with it will achieve any particular outcome.
Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law. Subject to that: (a) neither party is liable for any indirect or consequential loss, loss of profits, loss of revenue, loss of goodwill, or loss or corruption of data; and (b) our total aggregate liability arising out of or in connection with this Agreement, whether in contract, delict (tort), or otherwise, is limited to the licence fees paid by you for the Software giving rise to the claim in the twelve (12) months preceding the event giving rise to the claim, or £100 for Software provided free of charge.
This Agreement is effective from the date you first use the Software and continues until terminated. It terminates automatically if you materially breach it and, where the breach is remediable, fail to remedy it within 14 days of written notice. You may terminate it at any time by ceasing use of the Software and destroying all copies. On termination, the licences granted under this Agreement end and you must cease use of, and delete, the Software; clauses 4, 8, 9, and 11 survive.
Entire agreement. This Agreement, together with any order, Statement of Work, and documents incorporated by reference, is the entire agreement regarding the Software. Variation. We may update this Agreement from time to time by posting the revised version at https://akktia.com/Licensing_Agreement.html; the version in force when you obtained the Software (or renewed a subscription) applies to your use of it. Assignment. You may not assign this Agreement without our consent, not to be unreasonably withheld. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. No waiver. A failure to enforce a provision is not a waiver of it. Third parties. This Agreement does not confer rights on any third party.
This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes) are governed by the law of Scotland, and the parties submit to the exclusive jurisdiction of the Scottish courts. Nothing in this clause deprives a consumer of the protection of mandatory provisions of the law of their country of residence.
Questions about this Agreement: legal@akktia.com. Licensing enquiries: licensing@akktia.com.