End User License Agreement

This is a plain language copy of the Esferico Pergamon Mu license agreement, without legalese. It's meant to give you easy to understand knowledge of the rules that accompany the purchase of an Esferico Pergamon Mu license(s).

You should read all the document in full, not only to ensure that you understand your own responsibilities but also to ensure that nothing in this agreement conflicts with rules and regulations within your organisation and/or operating environment, or procedures that you have agreed to follow as part of a professional body membership.

In all cases in this document, you means yourself as an individual, as a representative of, and collectively as the staff of the organisation that has purchased the Esferico Pergamon Mu License.

This document will be re-issued on a yearly basis (if only electronically and accessible via your account on the Pergamon Hub – we try not to kill too many trees!) and may therefore contain information which is specific for the year of issue (e.g. current support costs agreed with your Vendor).

• Install Esferico Pergamon Mu on as many computers on your physical location as you like, up to the limit set in the license that has been purchased.

• By using the Esferico Pergamon Mu application, you implicitly agree to all conditions listed in this license agreement. Esferico ltd. reserve the right to change these conditions if required.
  
  
• An Esferico Pergamon Mu License Key is required to access assistance from your vendor (possibly with imitations or additional services as designated by that Vendor in their own separate support agreement, if existing), support materials from your Vendor and Esferico websites, and access the Esferico Pergamon Hub.
  
  
• You agree to utilise a license key for the Esferico Pergmon Mu product only provided to you by Esferico ltd. or by one of the officially licensed vendors (usually, a School Library Service).
  
  
• In addition to the original purchase of the license, from the second year of installation onwards, you agree to pay an annual support cost either:
  
  a. centrally to Esferico ltd, or
  
  b. to your vendor SLS
  
  depending upon the invoicing agreement with your original vendor, to cover ongoing support and assistance collectively from both your Vendor and Esferico ltd. Compoments of this fee will be distributed to your Vendor and other not-for-profit library support organisations. As part of this annual payment, Esferico ltd. agree to provide you with all maintenance and functional upgrades released for the Pergamon Mu application, as well as access to the Esferico community website and Pergamon Hub.
  
  
• You will seek first line, everyday procedural support from your Vendor; your Vendor may seek assistance and technical support from Esferico ltd. as required.
  
  
• You will be the only user of your Esferico Pergamon Mu License Key(s).
  
  
• You will not share your Esferico Pergamon Mu License Key(s) or use someone else's key(s).
  
  
• Licenses purchased directly from Esferico ltd. are covered by a 90-day money back guarantee. This may vary between other Vendors (see your Vendor specific license agreement, if existing). Please note that purchase of license key(s) directly from Esferico ltd. is rare and will only be undertaken under certain exceptional circumstances.
  
  
• If tax must be paid to your local or central government for purchasing your Esferico Pergamon Mu License Key(s) and we (or the Vendor) didn't collect it on your behalf, you are responsible for paying it.
  
  
• The Esferico Pergamon Mu license License Key(s) will be occasionally validated via the Internet. This is an automated process which does not require end-user involvement, but will require a working internet connection. Use of Pergamon Mu will not be restricted if the connection is temporarily unavailable.
  
  
• The Esferico Pergamon Mu application will transmit your license details, user name and other account information to the Esferico servers via the Internet when (and only when) using the Esferico Pergamon Hub for user account authentication purposes. No data, at any time, will be shared with anyone outside of the vendor / Esferico ltd. relationship.
  
  
• You won't ask others to build applications, or allow others to utilise unsolicited applications, to access the Esferico Pergamon Mu database, application or Hub – either for everyday use of the system or for exporting the data to other systems.
  
  
• You won't use your own Esferico Pergamon Mu application to access the database of other Pergamon Mu installations.
  
  
• You won't create any derivative of the Esferico Pergamon Mu application. Likewise, you will not and will not allow others to decompile or otherwise analyse the software or other Esferico ltd. intellectual property provided to you for your use.
  
  
• As an intellectual property, the Pergamon Mu application is owned by Esferico ltd. Other software within your specific installation (such as network database server installations) are owned by their own, respective copyright holders. As a client, you do not own the software in any shape or form.
  
  
• Non-system specific data (e.g. readers, books etc.) stored within the Pergamon Mu database is owned by YOU, the client, and Esferico lays no claim to it. Should you at any time choose to terminate your license agreement, we will provide you with an easy-to-import copy of the data stored in your database free of charge, without condition. In order to maintain security and Data Protection responsibilities, the export is accessible only after written request.
  
  
• Esferico ltd. and/or its officially authorised Vendor reserves the right to cancel this agreement and associated license keys if a client is deemed to be in violation of any part.
  
  
• We, the staff of Esferico ltd. produce the Pergamon product in as cost effective price scheme as possible and feed resources and finance back into the school / library community. Your license and support fee support ongoing application development, pay our staff and support their families, and encourages further development and support within the school library management arena – please do not jeopardise this by abusing the license system.
  
  

THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED “AS IS” AND ESFERICO LTD. DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. IN NO EVENT WILL ESFERICO LTD. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.

This agreement is subject to the laws of the United Kingdom, even if you reside outside the United Kingdom.

You agree that you will not export or re-export any part of the Esferico Pergamon Mu application to any country, person, entity or end user subject to United Kingdom or U.S.A. export restrictions.

Last edited:
Craig Robinson PgDip BSc PGCE MBCS CITP
Director / Chartered Software Developer
On behalf of Esferico ltd. 2017-03-23

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