BAYES SERVER - TERMS AND CONDITIONS OF SALE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS http://www.BayesServer.com is a website operated by Bayes Server Limited, a company incorporated under the laws of the UK. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Bayes Server products listed on our website http://www.BayesServer.com to you. Please read these terms of sale carefully before ordering any products online. You should understand that by ordering any of our Products, you agree to be bound by these terms of sale. You should print a copy of these terms of sale for future reference. You must be over 18 years old to order any products from the Bayes Server web site. 1. TERMS USED IN THIS AGREEMENT 1.1 In this agreement the following terms shall mean: "BayesServer", "Bayes Server", "we" or "us" means Bayes Server Limited, its employees, subcontractors and/or other companies which are appointed by Bayes Server to provide services. "License Key" means a product code from Bayes Server which is required to operate Bayes Server software; "Download" means a software program sold from the BayesServer website which is delivered to you by transferring the program data electronically to your computer; "Goods" means physical products such as (but not limited to) books, manuals, retail packaged software and backup copies of BayesServer software; "Product" is any BayesServer product consisting of either a Download or Goods which may be purchased from the BayesServer website; and "Backup Copies" are copies of the Downloads that you have obtained. 2. USING THE BAYESSERVER WEBSITE TO PURCHASE SOFTWARE 2.1 Orders are placed online using a secure third party payment processing site. 3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 3.1 After placing an order, you will receive an order confirmation from our payment processing site acknowledging that we have received your order. At this stage the contract between us (the "Contract") is formed. 4. AVAILABILITY AND PRODUCT DELIVERY 4.1 Products sold on the BayesServer website are delivered to you by electronic transfer. 4.2 We deliver Downloads to you by making a download link available for the Download program and the corresponding Licence Key. We recommend that you make a back-up copy of the Download and the Licence Key. 5. CONSUMER RIGHTS AND REFUND POLICY 5.1 Downloads The following exceptions to the Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") apply to Bayes Server downloads. You acknowledge and agree that when you purchase a Download, once the Licence Key has been downloaded to a personal computer the Product is in a 'used' condition and a Cooling Off Period is not applicable and the payment is non refundable. For the avoidance of doubt this does not affect your statutory rights in the event that the download is defective, for example if, the Download is corrupted. 6. RISK AND TITLE 6.1 The Products will be at your risk from the time of delivery. 7. PRICE AND PAYMENT 7.1 The price of any Products will be as quoted on the BayesServer website. 7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. 8. PERSONAL DATA 8.1 Personal details provided to BayesServer through this website will only be used in accordance with our Privacy Policy. By using the BayesServer website and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. 9. OUR LIABILITY 9.1 In accordance with your statutory rights we warrant to you that any product purchased from the BayesServer website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 9.2 The product specifications and system requirements required to activate and operate products are described in more detail at http://www.BayesServer.com. We cannot ascertain whether your computer fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system after a Product has been installed. 9.3 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the BayesServer website. 9.4 This does not include or limit in any way our liability: 9.4.1 for death or personal injury caused by our negligence; 9.4.2 under Section 2(3) of the Consumer Protection Act 1987; 9.4.3 for fraud or fraudulent misrepresentation; or 9.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 9.5 Nothing in these terms of sale shall affect your statutory rights. if you have any doubts as to your statutory rights then you should contact your local citizens advice bureau or refer to the office of fair trading website (http://www.oft.gov.uk) 10. INTELLECTUAL PROPERTY 10.1 Products offered on the BayesServer website are the intellectual property of Bayes Server Limited. To install any software purchased from the website you must accept the Bayes Server End User Licence Agreement (EULA) that accompanies the Product. 11. IMPORT DUTY 11.1 If you order Products from the Bayes Server website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. 12. WRITTEN COMMUNICATIONS 12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the BayesServer website, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 13. NOTICES 13.1 All notices given by you to us must be given to Bayes Server Limited. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the clause entitled (Written Communications). Notice will be deemed received 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 14. TRANSFER OF RIGHTS AND OBLIGATIONS 14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns. 14.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. 15. EVENTS OUTSIDE OUR CONTROL 15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event"). 15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 15.2.1 strikes, lock-outs or other industrial action. 15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 15.2.5 impossibility of the use of public or private telecommunications networks. 15.2.6 the acts, decrees, legislation, regulations or restrictions of any government. 15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 16. WAIVER 16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 16.3 No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause entitled (Notices) above. 17. SEVERABILITY 17.1 If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 18. ENTIRE AGREEMENT 18.1 These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale. 18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale. 19. OUR RIGHT TO VARY THESE TERMS OF SALE 19.1 We have the right to revise and amend these terms of sale from time to time. 19.2 You will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale). 20. LAW AND JURISDICTION 20.1 Contracts for the purchase of Products placed on the BayesServer website will be governed by UK law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. 21. LANGUAGE 21.1 The language of the Contract shall be English.