PLEASE READ THESE LICENCE TERMS CAREFULLY
BY USING ERIC.HR, YOU ARE DEEMED TO AGREE TO THESE TERMS WHICH WILL BIND YOU.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We Eric HR Limited of 15 Parsons Court, Aycliffe Business Park, DL5 6ZE license you to use our Eric HR software and the data supplied with the software, (Eric) and any updates or supplements to it, as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Eric may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
SUPPORT FOR ERIC AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about Eric or have any problems using Eric please take a look at our support resources at www.eric.hr/support.
Contacting us (including with complaints). If you think Eric is faulty then please contact the company who supplied Eric to you (our 'Partner').
How we will communicate with you. If we have to contact you we will do so by email, using the e-mail address you have provided to us.
HOW YOU MAY USE ERIC
In return for your agreeing to comply with these terms, you may:
· view, use and display Eric on such devices for your personal purposes only.
· use any the User Guides to support your permitted use of Eric.
YOU MUST BE 18 TO ACCEPT THESE TERMS
You must be 18 or over to accept these terms and buy Eric.
YOU MAY NOT TRANSFER ERIC TO SOMEONE ELSE
We are giving you personally the right to use Eric as set out above. You may not otherwise transfer Eric to someone else, whether for money, for anything else or for free.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
UPDATES TO ERIC
From time to time we may automatically update Eric to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
You agree that you will:
except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, Eric in any form, in whole or in part to any person without prior written consent from us;
not copy Eric, the User Guides or Services, except as part of the normal use of Eric or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of Eric, the User Guides or Services nor permit Eric or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use Eric on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Eric nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile Eric to obtain the information necessary to create an independent program that can be operated with Eric or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to Eric;
is kept secure;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Eric.
ACCEPTABLE USE RESTRICTIONS
not use Eric in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Eric, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of Eric, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Eric ;
not use Eric in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from Eric or our systems or attempt to decipher any transmissions to or from the servers running Eric HR Software.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in Eric, the User Guides s throughout the world belong to us (or our licensors or Partners) and the rights in Eric is licensed (not sold) to you. You have no intellectual property rights in, or to, Eric, the User Guides other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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 these terms 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 you accepted these terms, both we and you knew it might happen.
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.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation.
We are not liable for business losses. If you use Eric for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to Eric. Eric is provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Eric. Although we make reasonable efforts to update the information provided by Eric , we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with Eric. We recommend that you back up any content and data used in connection with Eric, to protect yourself in case of problems with Eric .
Check that Eric is suitable for you. Eric have not been developed to meet your individual requirements or your business requirements. Please check that the facilities and functions of Eric meet your requirements.
We are not responsible for events outside our control. If our provision of Eric is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
WE MAY END YOUR RIGHTS TO USE ERIC IF YOU BREAK THESE TERMS
We may end your rights to use Eric at any time.
We may end your rights to use Eric at any time by contacting you if you or your Partner have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use Eric, you must stop all activities authorised by these terms, including your use of Eric.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
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.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. 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.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use, further details of which are available on request. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.