This document contains the End User License Agreement between Headstart Solutions Limited, herein referred to as "the company", "we", "us", and "our", and the End User (herein referred to as "you", "your", "yours", etc.). By installing and using DeskPRO (herein referred to as "the software"), you are agreeing to these terms and conditions.

1. TERMS AND DEFINITIONS
   1. An "instance" of the software is a unique installation of the software on a system capable of running it, whether used for production purposes or for testing.
   2. A "technician" is a unique account installed in an instance of DeskPRO, used by a member of your technical staff to provide technical support assistance to your users. An "administrator" or "admin" is a technician with additional administration privileges.
   3. A "user" is a unique account installed in an instance of DeskPRO, used by one or more persons to obtain support from your technical staff.
   4. A "ticket" is a single support request tracked in the software. These are normally submitted by your users but can also be created by your technicians.

2. RIGHT TO RUN

   Your purchase of a DeskPRO license grants you the right to make use of a single instance of the software. You may temporarily install a second instance of DeskPRO on an internal development server for testing and deployment planning, but only one instance of DeskPRO shall be in operation (available for access to your users or technicians).

   If you wish to run more than one instance of DeskPRO, you must purchase an additional license for each additional instance.

   Modifications to the software or database to circumvent the one-license-one-board rule are prohibited.

3. LICENSEE

   The Software is licensed only to you. You may not rent, lease, sublicence, sell, assign, pledge, transfer or otherwise dispose of the Software in any form, on a temporary or permanent basis, without the prior written consent of Headstart Solutions Ltd.

4. ACCURATE LICENSE INFORMATION

   Your right to use a DeskPRO instance under a purchased license requires you to provide accurate information regarding the location (or planned location) of the software instance. You must maintain accurate contact information in your Members Area profile and maintain accurate location details for your software instance(s).

   From time to time, we may inspect your registration integrity. No information about your server will be collected in this process. The only information checked will be your licence number and the domain on which DeskPRO is run.

5. ALTERATION OF SOURCE CODE

   If you have purchased DeskPRO Enterprise, which includes viewable source code, you are permitted to make modifications to the software to suit your needs, subject to these conditions:

   1. You may not distribute the software or any portion thereof, or permit or cause to be exposed any portion of the source code to any other party without the express written consent of Headstart Solutions Limited.
   2. You may not attempt to circumvent any license validation checks.
   3. Unless you have purchased a copyright removal license, all copyright notices must remain intact in the source code.

6. REMOVAL OF COPYRIGHT NOTICES

   If you have not purchased a copyright removal license, all copyright notices included in the software (including in source code and templates) must remain intact. This includes "Powered by DeskPRO" and similar notices. You may, however, change the appearance of all other aspects of the interface.

   If you have purchased the copyright removal license, you may make any desired changes to templates, including to the copyright notices.

7. CIRCUMVENTION OF SOFTWARE LIMITS

   If you have purchased a version of the software that includes restrictions on the number of simultaneous connections, or the maximum number of tickets and/or FAQ articles, you may not attempt to circumvent the internal checks performed by the software to ensure compliance with these restrictions.

8. VERIFICATION OF MINIMUM SERVER REQUIREMENTS

   If you have purchased a license for a standalone instance of DeskPRO, it is your responsibility to verify your target equipment meets the minimum requirements specified by the software's documentation. Refunds are not offered.

9. LICENSE TRANSFER

   We may, at our discretion, allow you to transfer your license to another party, providing the license:

   1. has not already been transferred
   2. was purchased more than 4 months ago
   3. the members area access is active
   4. the license was purchased at full cost (for example a 2nd license purchased at a discount can not be transfered)

10. DISCLAIMER OF LIABILITY

    THE SOFTWARE AND THE ACCCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIED WHETHER EXPRESSED OR IMPLIED.

    NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HEADSTART SOLUTIONS LIMITED, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

    HEADSTART SOLUTIONS LIMITED SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.

    NEITHER HEADSTART SOLUTIONS LIMITED NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF HEADSTART SOLUTIONS LIMITED OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. TERMINATION OF LICENSE

    Headstart Solutions Limited reserves the right to terminate your license if any clause of this agreement is found to have been violated.

12. ENFORCABILITY

    This Agreement constitutes the complete statement of the agreement between you and Headstart Solutions Ltd, and supercedes all representations, understandings or prior agreements between you and Headstart Solutions Ltd.

    Headstart Solutions Ltd reserves the right to modify these terms at any time.

    This Agreement is governed by the laws of England and Wales.