Free version Terms and Conditions

By downloading the free version of Ken TestMan you are agreeing to be bound by these terms and conditions.

Henshuu Limited reserves the right to update these Terms and Conditions without notice. Any new features or enhancements to current features shall be subject to these Terms and Conditions. Continued use of Ken TestMan after any such changes shall constitute your agreement to continue to be bound by these Terms and Conditions.

Definitions

For the purposes of this document the term “Vendor” shall mean Henshuu Limited; the term “Software” shall mean software programs, tools and related documentation and the term "Customer” shall mean any individual or organisation that has entered into a contract with Henshuu Limited for the supply of Software.

Intellectual Property

Henshuu Limited warrants that it owns and/or controls all Intellectual Property Rights in and to the Software and that we are entitled to use and to authorise the use of the same in accordance with the terms of the Agreement.

Proprietary Rights

Title, ownership rights, and intellectual property rights in the Product shall remain with the Henshuu Limited ("the Owner"). You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with the ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. Henshuu Limited have no rights to such content.

General Conditions

Henshuu Limited reserve the right to modify or discontinue the software, either temporarily or permanently, at any time without notice. Your use of the software is at your sole risk. The software is provided on an “as is” and “as available” basis.

Force MaJeure

Henshuu Limited shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and Henshuu Limited shall not be liable for any loss, damage or expense suffered by the Customer or any third party arising directly or indirectly from any such matters.

Limitation of Liability

1. Henshuu Limited shall not under any circumstances be liable for any indirect or consequential damages however caused.
2. Henshuu Limited's liability in respect of any breach or non-performance of any order shall be limited to the refund of the invoice value to which the claim relates.
3. If any provision herein is held to be invalid, illegal or unenforceable the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
4. Waiver by Henshuu Limited of any of the terms herein or the granting of time or indulgence by Henshuu Limited to the customer shall in no way affect Henshuu Limited's rights hereunder.

Governing Law

These Terms shall be governed by and construed in accordance with English law. Any dispute under these Terms shall be subject to the exclusive jurisdiction of the English courts.

Headings

The headings are for clarification and do not form part of these Terms and Conditions.

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