Terms and Conditions for Aphena Ltd. Software Products

All software sold by Aphena Ltd. is supplied according to the following terms and conditions.


Returns and Refunds Policy:

This returns and refunds policy is in accordance with the EU Distance Selling Directive which came into force in 2000 and is part of UK law under the Consumer Protection (Distance Selling) Regulations 2000. This law applies to all transactions within the UK where a consumer does not meet the vendor. Contracts between businesses are not governed by these regulations.

Your rights as a consumer

In accordance with the above law, you have a 7 day 'cooling off period' in which you have the right to cancel your purchase and receive a full refund. You do not need to give a reason for cancelling your purchase. Should you choose to cancel, we will refund your payment in full within 30 days of your cancellation.

How to cancel within the 7 day cooling off period

Should you wish to cancel your purchase within the 7 days 'cooling off' period, please email us at: sales@aphena.com or write to us at the following address:

Aphena Ltd.,
10, Teversham Road,
Fulbourn,
Cambridge,
United Kingdom
CB21 5EB

Refunds due to cancellation

Should you cancel your purchase within this 7 day 'cooling off' period, we will refund your payment in full. If you paid by credit or debit card from this website, your refund will be made directly to your credit or debit card within 30 days of your cancellation. If you paid by any other means, your refund will be made by cheque which will be posted to you within 30 days of your cancellation. There will be no charges for cancellation within this 7 day cooling off period. Goods must be in good condition and a receipt must be enclosed. It is understood that the customer is liable for postage costs in both directions.

Returns and refunds outside the 7 day cooling off period

Refunds for unwanted goods will only be made where the goods are returned unused, unopened and in a re-saleable condition. Unwanted goods must be returned to us within 14 days of delivery.

You should post them, unopened and undamaged, to the address found in the "How to cancel within the 7 day cooling off period" section above. We cannot accept liability for goods lost or damaged during transit. You are advised to wrap the product carefully to avoid damage. You are also advised to return goods by recorded delivery, registered post, or by courier. Proof of postage will not be accepted as proof of delivery. Please remember to give us your name and address, and a copy of your purchase receipt.


Software Licence Agreement

This software is protected by both UK copyright law and international copyright provisions. Aphena Ltd. hereinafter referred to as Aphena agree to grant, and the user agrees to accept on the following terms and conditions, a non-transferable and non-exclusive Licence to use this software.

 

1. Terms of Licence

The agreement is effective from the date of receipt by the User of the above referenced Software and the User's acceptance of the terms and conditions by loading the Software into any Computer.

2. Licence

This single licence permits only a single instance of the software to be used at any time. It may be used by any number of people, and may be freely moved from one computer location to another, so long as there is no possibility of it being used simultaneously at more than one location or simultaneously by more than one user. A single licence may be installed on a maximum of three computers at any time.

3. Permission to copy Licensed Programs

(i) The software may be copied onto a computer to be used and archival copies may be made for backup purposes only.

(ii) The User shall NOT modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on whole or any part of the Software or its associated documentation.

4. Protection and Security

The User agrees not to provide or otherwise make available any Licensed Software to any person other than his employees and/or agents without prior written consent from Aphena.

5. Termination

Within one month of the termination of the Licence under this Agreement, the User will furnish Aphena a letter verifying that through his best efforts, and to the best of his knowledge, the original and copies in whole or part, in any form, including partial copies of the Licensed Software received or made in connection with such Licence have been destroyed.


Limited Warranty

Aphena Ltd. (Aphena) warrants the physical diskette(s) and physical documentation enclosed herein to be free of defects in materials and workmanship for a period of sixty days from the purchase date. If Aphena receives notification within the warranty period of defects in materials or workmanship, and such notification is determined by Aphena to be correct, Aphena will replace the defective diskette(s) or documentation.

The entire and exclusive liability and remedy for breach of this Limited Warranty shall be limited to replacement of defective diskette(s) or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the software, or special, incidental, or consequential damages or similar claims, even if Aphena has been specifically advised of the possibility of such damages. In no event will Aphena's liability for any damages to you or any other person ever exceed the lower of the suggested list price or actual price paid for the licence to use the software, regardless of any form of the claim.

Aphena Ltd. specifically disclaims all other warranties, express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Specifically, Aphena makes no representation or warranty that the software is fit for any particular purpose and any implied warranty of merchantability is limited to the sixty - day duration of the Limited Warranty covering the physical diskette(s) and physical documentation only (and not the software) and is otherwise expressly and specifically disclaimed.

This limited warranty gives you specific legal rights which are in addition to your statutory rights as a consumer.

 


Governing Law and General Provisions

This licence agreement shall be construed, interpreted and governed by English Law. If any provision of this agreement is found void or unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed its essential purpose, all limitations of liability and exclusion of damages set forth in the Limited Warranty shall remain in full force and effect. This agreement may only be modified in writing signed by you and an authorised officer of Aphena. All rights not specifically granted in this agreement are reserved by Aphena Limited.

 

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