This End-User License Agreement (“EULA”) is a legal agreement between you and Latitude IT Limited
Please read this EULA agreement carefully before completing the installation process and using the FileChimp (“software”). It provides a license to use FileChimp and contains warranty information and liability disclaimers.
If you register for a free trial of the FileChimp, this EULA agreement will also govern that trial. By installing and/or using FileChimp, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Latitude IT Limited herewith regardless of whether other software is referred to or described herein. The terms also apply to any Latitude IT Limited updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
Latitude IT Limited hereby grants you a personal, non-transferable, non-exclusive license to use the FileChimp software on your devices in accordance with the terms of this EULA agreement.
Users are free to install the trial version for 14 days on as many compatible devices as required. It is the users responsibility to determine suitability, compatibility and fitness for purpose before a license is purchased. Latitude IT does not guarantee FileChimp to be free from errors. The trial software may be downloaded from our website. Downloads may be provided by third party websites with our express permission to do so.
A single license grants the user the right to process files and emails from a single named user and a single email account. Shared / carbon copy or catchall mailboxes require a multi seat license based on the number of users contributing to the mailbox.
All licenses are for the use of the registered company or individual. Licenses must be purchased in the end users name or company details.
Fixed, one time purchase licenses are valid for the life of the installation (one time activation) and are not transferable.
Subscription and maintained customers may request license transfers within the same company for as long as they remain a maintained customer.
Personal Edition licenses are issued for non commercial use only. Support is limited to non commercial email accounts only.
The user should use FileChimp in accordance with the documentation provided.
You are not permitted to:
• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
• Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
• Allow any third party to use the Software on behalf of or for the benefit of any third party
• Use the Software in any way which breaches any applicable local, national or international law
• use the Software for any purpose that Latitude IT Limited considers is a breach of this EULA agreement
Intellectual Property and Ownership
Latitude IT Limited shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Latitude IT Limited.
Latitude IT Limited reserves the right to grant licenses to use the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Latitude IT Limited.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement. Latitude IT reserves the right to revoke licenses at its sole discretion.
The customer may cancel their subscription at any time. Cancellation is immediate and the customer should ensure that the software is uninstalled. Any refunds are at the discretion of Latitude IT and no part refunds are implied or inferred. All subscriptions become due immediately on their renewal date. Any dispute initiated by the customer after their renewal date is subject to additional charges to the customers account (these may include but are not limited to administrative costs, legal costs, bank charges and subscription fees due).
UNDER NO CIRCUMSTANCES shall Latitude IT, its directors, officers or employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of the software product, whether due to breach of contract, breach of warranty, or the negligence of Latitude IT or any other party. In no event will the Licensor’s liability exceed the amount of money paid by you for the right to use the software (if any).
Should the customer initiate a dispute with their card provider they remain liable for the balance due in full. All costs arising from the dispute including the original transaction fees, dispute fees and an administration charge of £20 to be added to the customers account.
Subscription Renewals
All subscription plans auto renew until cancelled. It is the customers responsibility to request cancellation prior to renewal.
Refunds
A free trial is available to determine suitability. Customers should select a license plan to suit their level of commitment (monthly / yearly). We regret refunds or partial refunds are not available. Any subscription must be cancelled before its renewal date.
Support
Latitude IT agrees to provide technical support on the use of FileChimp by email for a period of 3 months after the purchase of fixed licenses or for as long as a user has a paid for subscription to use the software. No guarantee is offered to resolve issues which are identified after a license is purchased but Latitude IT will endeavor to provide a solution where reasonably possible. Access to upgrades and technical support beyond the initial support term is chargeable. Latitude IT Limited reserves the right to charge a fee where direct end user remote access support is required.
Latitude IT reserves the right to change product pricing and support fees at any time. It is agreed that all support requests must be presented by a competent and knowledgeable user of the software. Latitude IT is not obliged to provide technical support where the problem is a result of one or more of the following – hardware or operating system malfunction; user negligence or where the problem is caused by a third party application. Latitude IT reserves the right to withdraw from its support obligations at any time.
Data Transfer
License data is transferred securely to our license server via https on port 443. Computer name & FileChimp version number is collected to correctly activate your license. License activation is achieved by secure key encrypted activation. No personal information is collected. By installing FileChimp, you acknowledge that this information is securely transferred to our servers for the purposes of license management. You may uninstall the software at any time and request we remove any associated records from our servers.
Severability
If it is held under any enactment or rule of law that any provision of this agreement is void or otherwise ineffective in whole or in part then any other part and the other terms and conditions of this agreement shall continue in full force and effect.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of England and Wales.
We may revise the terms and conditions of the agreement at any time. Continued use of the software after any such changes shall constitute your consent to such changes. To review the current EULA visit https://filechimp.co.uk/eula at any time.
© Latitude IT Ltd 2015-2024
