Please read and agree to the licence form below before registering to download the software.
This is a Legal Agreement between you the End User and Butterfly Conservation (BC). Please read the Terms and Conditions carefully before electing to download/use this software on your computer. BC is willing to license the downloaded software and related materials to you free of charge under the following Terms and Conditions . By electing to download/install/use this software you are indicating your acceptance of the BC Software License Agreement .
If you agree to the Terms and Conditions as stated, please indicate so at the bottom of this page by choosing either the AGREE of DISAGREE button. This Software License Agreement is governed by the Laws of England.
Should you have any questions concerning this Agreement, please contact Butterfly Conservation.
Address: Manor Yard, East Lulworth, near Wareham, Dorset BH20 5QP
Telephone: 0870 7744309
Email: transect@butterfly-conservation.org
This is a license agreement and not an agreement for sale. This electronic software license agreement (Agreement) is between the end user (Licensee) and Butterfly Conservation (BC), and gives the Licensee certain limited rights to use the proprietary BC TRANSECT WALKER TM (SOFTWARE PRODUCT) and related materials. All rights not specifically granted in this Agreement are reserved to BC.
TRANSECT WALKER TM is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
BC retains exclusive rights, title, and ownership of the copy of the Software and Related Materials licensed under this Agreement and, hereby, grants to the Licensee a personal and nonexclusive license right to use the Software and Related Materials based on the terms and conditions of this Agreement. From the date of receipt, the Licensee agrees to use reasonable effort to protect the Software and Related Materials from unauthorised use, reproduction, distribution, or publication.
This is a single user license, and the SOFTWARE PRODUCT is supplied free of charge. You may only install and use one copy of the TRANSECT WALKER TM . As a single user, you may make a single back-up copy of TRANSECT WALKER TM , for use solely for archival purposes. The licensee may supply electronic or hard copies of any (raw/analysed) data generated through electronic data entry to third parties for conservation or research purposes (e.g. to amateur naturalists, reserve wardens, conservation bodies, local record centres etc).
The Licensee shall not sell, rent, lease, lend, sublicense, assign, or time-share the Software and Related Materials for any commercial or other purposes. The Licensee shall not reverse engineer, decompile, or disassemble the Software and Related Materials and/or data format(s). The licensee shall not remove or obscure any BC trademark notice(s).
This single user license is supplied free of charge to the Licensee on the understanding that BC receives an electronic copy (at the end of each recording year) of any Transect Data computerised through use of TRANSECT WALKER TM . This data can be sent direct to Butterfly Conservation National Conservation Office by email or on disk, or through BC's network of Regional Transect/Monitoring Co-ordinators.
The license granted by this Agreement shall commence upon the Licensee's receipt of the Software, and Related Materials and shall continue until such time that (1) Licensee elects to discontinue use of the Software, and Related Materials and terminates this Agreement; or (2) BC terminates for Licensee's material breach of this Agreement. Upon termination of this Agreement in either instance, the Licensee shall uninstall the Software, and Related Materials, and any whole or partial copies, codes, modification, and merged portions in any form. The parties hereby agree that all provisions that operate to protect the rights of BC shall remain in force should breach occur.
The software and related materials contained herein are provided "as is", without warranty of any kind, either express or implied, including, but not limited to, warranties of noninfringement, merchantability and fitness for a particular purpose.
BC shall not be liable for indirect, special, incidental, or consequential damages related to Licensee's use of the Software and Related Materials, even if BC is advised of the possibility of such damage. BC will not be liable in any way whatsoever to Licensee or Licensee's users, for any claims or damages based on the use of TRANSECT WALKER TM with Licensee's data.
Licensee shall indemnify and hold harmless BC and its third-party suppliers against any claim or damages based on use of TRANSECT WALKER TM with Licensee's data including, but not limited to, solicitor fees, costs, damages, judgments, and reasonable expenses incurred.
No failure or delay by BC in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by BC.
The parties agree that this constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto. Please indicate your acceptance or nonacceptance of the foregoing BC Software License Agreement by choosing either the AGREE or DISAGREE button below.
If you agree to this BC Software License Agreement (by selecting AGREE) you will next be presented with a form asking for details about yourself (name, address, and so on). Upon successful completion of this form software download options will then be available to you.