Terms

GRANT AND SCOPE OF LICENCE, MINOR CHANGES AND UPDATES

1. In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Tools and the Documentation on the terms of this Licence until terminated in accordance with this Licence.

2. You may:

   1. use the Tools and Documentation for your personal use only:

      1. on one central processing unit (CPU) if the Licence is a single-user licence or the Tools is for single use; or

      2. if the Licence is a multi-user or network licence, for the number of concurrent users agreed between you and us;

   2. not use the Tools and Documentation for the provision of mental health care or any other services to any other person or entity;

   3. receive and use any free supplementary update of the Tools and Documentation as may be provided by the Licensor from time to time (but see condition1.3 and conditionError: Reference source not found below); and

   4. use any Documentation in support of the use permitted under condition1.2.

3. We may update the Tools and Documentation from time to time. If we do update the Tools and Documentation and make them available for public access, we shall post such updates on this website. It is your responsibility to monitor this website for any updates to the Tools or Documentation and we shall be under no obligation to notify you of such updates.

Restrictions

1. Except as expressly set out in this Licence or as permitted by any local law, you undertake:

   1. not to copy the Tools or Documentation, whole or in part, except where such copying is incidental to your own personal use of the Tools or where it is necessary for the purpose of back-up or operational security;

   2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary, extract, alter or modify, or otherwise make available, the whole or any part of the Tools or Documentation nor permit the Tools or any part of it to be combined with, or become incorporated in, any other information or materials;

   3. to include our copyright notice on all entire and partial copies of the Tools or Documentation in any form; and

   4. to comply with all applicable technology control or export laws and regulations.

Intellectual property rights

You acknowledge that all intellectual property rights in the Tools and the Documentation throughout the world belong to us or our licensors, that rights in the Tools are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Tools or the Documentation other than the right to use the Tools and the Documentation in accordance with the terms of this Licence.

No Warranty

The Tools and Documentation do not provide medical or psychiatric advice. You should get professional or specialist advice before making any decisions or taking (or deciding to take) any action on the basis of the results of or outputs from the Tools or Documentation.

Our responsibility for loss or damage suffered by you

1. Subject to condition 4 and the rest of this condition 5, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Licence or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Licence was made, both we and you knew it might happen.

2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

3. The Tools are for domestic and private use. We are not liable for business losses including (without limitation) any loss of profit, loss of business, business interruption, or loss of business opportunity.

4. Subject to condition 5.2, our liability to you (whether in contract, for negligence or otherwise) shall in all circumstance be limited to £500 in aggregate.

5. You acknowledge that the Tools have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Tools and the Documentation meet your requirements.

Termination

1. We may terminate this Licence at any time on giving not less than one month’s notice of termination.

2. We may also terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

3. Upon termination for any reason:

   1. all rights granted to you under this Licence shall cease; and

   2. you must cease all activities authorised by this Licence

Communications between us

1. If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email or by pre-paid post to Penumbra Trading Limited at Norton Park, 57 Albion Road, Edinburgh EH7 5QY or [EMAIL ADDRESS]. We will confirm receipt of this by contacting you in writing, normally by email.

2. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the e-mail or postal address you provide or confirm to us.

Other important terms

1. We may transfer our rights and obligations under this agreement to another organisation. We will always tell you in writing if this happens.

2. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.

3. This agreement does not give rise to any rights to any third parties to enforce any term of this agreement.

4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scottish law and you can bring legal proceedings in respect of the Tools and Documentation in the Scottish courts. If you live in England you can bring legal proceedings in respect of the Tools and Documentation in either the English or the Scottish courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Tools and Documentation in either the Northern Irish or the Scottish courts. If you live in the EU, you can bring legal proceedings in respect of the products in either the Member State in which you are resident or the Scottish Courts.