SharpCap Pro License Sales

Terms and conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Introduction
  1. These Terms and Conditions will apply to the purchase of software licenses by you (the Customer or you). We are AstroSharp Limited is a company registered in England and Wales with company number 10680152 whose registered office is at Alamo, The Cleave, Harwell, OX11 0EL, England with email address (the Supplier or us or we).
  2. These are the terms on which we sell all Software Licenses to you. By ordering any of the Software Licenses, you agree to be bound by these Terms and Conditions. You can only purchase the Software Licenses from the Website if you are eligible to enter into a contract and are at least 18 years old.
Definitions
  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Software Licenses;
  3. Software Licenses means the software licenses advertised on the Website that we supply to you of the number and description as set out in the Order;
  4. Order means the Customer's order for the Software Licenses from the Supplier as submitted following the step by step process set out on the Website;
  5. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  6. Website means our website www.astrosharp.co.uk on which the Software Licenses are advertised.
Software Licenses
  1. The description of the Software and the features enabled by the Software Licenses are as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and may be subject to change without notice.
  2. Software Licenses are sold for individual use only. If you wish to purchase Software Licenses for a business or institution, you should contact us directly via email for assistance.
  3. You may use your Software Licenses on any number of computers, providing those computers are owned by you. You may additionally use the Software Licenses on one additional computer that is not owned by you, but you must be the primary user of that computer - for example on a laptop computer provided by your employer for your use.
  4. You may not use the Software Licenses purchased under these terms on any shared use computer in a business, educational or institutional environment.
  5. The Software Licenses may be sold as valid only for a specific period after the date of purchase ("Term Licenses"). The length of this period of validity will be made clear before purchasing.
  6. If you purchase a Term License you accept that after the license period has expired you will no longer be able to use the licensed features and that you will have to purchase another Term License to continue using the licensed features of the software after that point.
Personal information
  1. We may retain and process personal information that you disclose to us when purchasing, requesting support or at any other time in order to provide you with services related to your purchase and/or use of the product such as license delivery, lost license recovery, technical support, license renewal reminders.
  2. We retain and use all personal information strictly under according to our Privacy Policy.
  3. We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
  4. GDPR: If you are an EU citizen you will have specific rights relating to your personal data from 25th May 2018. Please see the Privacy Policy for more details.
Basis of Sale
  1. The description of the Software Licenses in our website does not constitute a contractual offer to sell the Software Licenses. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. Delivery of Sofware Licenses requires you to provide your correct email address. It is your responsibility to check that you have used the ordering process correctly and provided your correct email address.
  3. A Contract will be formed for the sale of Software Licenses ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract.
  4. No variation of the Contract, whether about description of the Software Licenses, Fees or otherwise, can be made after it has been entered into.
  5. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
  1. The price of the Software Licenses is that set out on the Website at the date of the Order or such other price as we may agree in writing.
  2. You must pay by submitting your credit or debit card details with your Order, or by making other instant electronic payment such as PayPal. Payment will be taken immediately.
Delivery
  1. All licenses are delivered electronically, both by email confirmation and upon completion of the purchase process.
  2. You do not own the License until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to invalidate any License supplied to you.
Returns and cancellation
  1. Refunds are only available in the case that we fail to deliver to you the Software Licenses that you have ordered and paid for. In the case that your Software Licenses are not delivered to you, please contact
  2. All orders are processed immediately, so there is no opportunity to cancel an order once you have completed payment.
  3. The Software Licenses are deliverd automatically on completion of purchase by email and in your browser upon completion of the purchase process. You agree to instant delivery of the Software Licenses and that such instant delivery will cause you to lose any rights you may have had to a 14 day cancellation period under the distance selling regulations.
Warranty
  1. AstroSharp Limited makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
  2. YOU MUST DETERMINE WHETHER THE LICENSED SOFTWARE MEETS YOUR REQUIREMENTS FOR FUNCTIONALITY, SECURITY, PERFORMANCE and RELIABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF SHARPCAP TO MEET YOUR REQUIREMENTS.
  3. As it is possible to test the features of the licensed software before purchase, AstroSharp Limited sells licenses on the basis that you have tested said features and found them to operate to your satisfaction before making a purchase.
No Transfer
  1. Software Licenses sold to you under this agreement are non-transferable and for your own personal use only.
Your Duty of Care
  1. You agree to keep secure any Software Licenses provided to you. In particular, you agree not to share any Software License Code provided to you with others, make it publicly available on the Internet or other public network.
  2. You accept that any Software License Code provided to you may contain personally identifiable information, including but not limited to your name and email address.
  3. AstroSharp Limited may revoke any Software License provided to you without refund if it determines to its satisfaction that you have breached the terms of this section of the terms and conditions by actions including (but not limited to) sharing or allowing your Software License Code to be shared on any public network, disclosing your Software License Code to others.
Limitation of Liability
  1. You will indemnify, hold harmless, and defend AstroSharp Limited, its employees, directors, agents, suppliers and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of AstroSharp Limited's Software.
  2. In no event (including, without limitation, in the event of negligence) will AstroSharp Limited , its employees, directors, agents, suppliers or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, SharpCap or the use or inability to use SharpCap or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Governing Law
  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.