WEB/SERVER-BASED RECRUITMENT SOFTWAREGETMYFIRSTJOB.CO.UK LTD
LICENCE AGREEMENT
The Getmyfirstjob.co.uk Ltd and Recruitment Web/Server-Based Systems will be licensed to the licensee (”THE CUSTOMER”) for an agreed period, on the condition that the Customer agrees with Getmyfirstjob.co.uk Ltd to the terms and conditions set forth in this legal agreement.
If the Customer agrees to these terms and conditions, Getmyfirstjob.co.uk Ltd grants to the Customer a nonexclusive licence to use the Web/Server-Based Recruitment System Software and documentation. The Web/Server-Based Recruitment System Software and documentation are referred to in this Agreement as the “Licensed Materials”.
1. Grant of Licence
Subject to the Customer’s strict compliance with the terms and conditions of this Agreement and payment of the required Licence Fee, Getmyfirstjob.co.uk Ltd grants the Customer an, internal, nontransferable, revocable, non-exclusive, non-sub licensable right to access and use the “Licensed materials” and for the Customer’s internal business purposes which shall not include renting, leasing, time-sharing or providing any service bureau function to or on behalf of third parties including the Parent Company, Subsidiaries, or Franchises other than those stated in the attachment Schedule to this Licence Agreement.
2. Ownership and Intellectual Property Rights
Getmyfirstjob.co.uk Ltd shall retain sole and exclusive ownership of the “Licensed Material” and all intellectual property and/or proprietary rights relating to or embodied therein. Getmyfirstjob.co.uk Ltd reserves all rights not expressly granted to the Customer in Section 1 above and no licence or rights are granted by implication or otherwise. The Customer may not remove from, add to, or alter, any of the trademarks, trade names, logos, patent or copyright notices or proprietary markings in the Web/Server-Based Programs. Furthermore, the Customer agrees that the data held can be used for the purpose of continuous product research.
3. Restrictions
The Customer acknowledges that the Web/Server-Based program and its structure, sequence, organisation user interfaces and source code constitute valuable trade secrets and proprietary information of Getmyfirstjob.co.uk Ltd. Accordingly, The Customer agrees not to and shall not permit any third party to (a) modify, adapt, alter, translate, or create derivative works from the Software within the Web/Server-Based Program; (b) merge the Software with other software; (c) sublicense, distribute or otherwise transfer the Program to any third party; (d) rent, lease or loan the Program: (e) reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code for the Program, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or (f) otherwise use or copy the Program except as expressly allowed under this Agreement. Getmyfirstjob.co.uk Ltd may audit the Customer’s compliance with these terms.
4. The Service
Getmyfirstjob.co.uk Ltd aims to achieve a 99% plus uptime on their Web/Server-Based services, but Getmyfirstjob.co.uk Ltd does not guarantee the service to be available on an uninterrupted basis. The Customer shall immediately notify Getmyfirstjob.co.uk Ltd if it becomes aware of any service problems. All planned service interruptions will be communicated by e-mail.
If the Service has an associated service activation date Getmyfirstjob.co.uk Ltd shall use reasonable endeavours to provide the Service in accordance with this date, however, Getmyfirstjob.co.uk Ltd does not guarantee the Service to be available by this date. In the event of a delay in provisioning the Service, Getmyfirstjob.co.uk Ltd will inform the Customer.
Getmyfirstjob.co.uk Ltd will use reasonable endeavours to provide Customer support inside office inside office hours to Customers by telephone or preferably by e-mail. Getmyfirstjob.co.uk Ltd shall not be obliged to carry out any site visits or otherwise provide support other than by the means mentioned in this clause. Support is limited to matters relating to the Service. We aim to resolve most support issues within 24 hours. For the purpose of this clause ‘office hours’ shall mean 09.00 to 17.00 on any weekday excluding public holidays in the United Kingdom.
All IP addresses supplied by Getmyfirstjob.co.uk Ltd are supplied as non-portable RIPE, ARIN or APNIC PA address space and remain the property of Getmyfirstjob.co.uk Ltd or our upstream providers and must not be used upon termination of the Service. No IP Addresses are transferable to another service provider.
Getmyfirstjob.co.uk Ltd reserves the right at its sole discretion to suspend the Service (temporarily or permanently) on the occurrence of any unscheduled maintenance or any of the following, known as “Suspension Events”:
1. Notified Maintenance.
2. If the Customer fails to pay any amounts due for the License when they are due.
3. If continuing to provide the Service would be detrimental to other Customers or users.
If Customers have been supplied with User Names and Passwords for any of the services, it is the Customers responsibility to ensure that due care and attention is given to their safekeeping and they are not disclosed to any third party without written consent from Getmyfirstjob.co.uk Ltd. Should Getmyfirstjob.co.uk Ltd suspect a breach of security due to your failure to uphold this clause, Getmyfirstjob.co.uk Ltd
reserves the right to charge you for any precautionary actions it deems necessary to ensure that the high level of security is maintained.
Getmyfirstjob.co.uk Ltd will provide Updates for the Supported Web/Server-Based Program as and when developed for general release at Getmyfirstjob.co.uk Ltd’s sole discretion.
5. Supervision and Management
The Customer is responsible for undertaking the proper supervision, control and management of its use of the Web/Server-Based Program and any Updates.
The Customer is responsible for proper training of all appropriate personnel in the operation and use of the Program.
The Customer shall notify Getmyfirstjob.co.uk Ltd immediately if it becomes aware of any unauthorised use or breaches of security relating to the Service.
6. Limited Warranty
The Customer expressly acknowledges and agrees that the use of the Web/Server-Based Recruitment system and documentation is at the Customer’s sole risk and are provided “AS IS” and without warranty of any kind.
7. Limitation of Liability
All services provided by Getmyfirstjob.co.uk Ltd may be used for lawful purposes only. It is the Customer’s responsibility to ensure the storage of data on the Getmyfirstjob.co.uk Ltd Web/Server-Based Server is not in violation of any British, European or American law or regulation.
Legal issues and guidelines regarding the proper use and application of selection criteria vary from country to country. Test users should consult employment laws and guidelines that are applicable.
Test procedures should be evaluated to maintain compliance with employment laws. Employers using the recruitment software are urged to continuously monitor procedures to ensure that the process does not result in “adverse impact” relating to equal opportunity issues, gender, ethnicity, etc.
Getmyfirstjob.co.uk Ltd or its Distributors will not accept any liability or responsibility for any decision or action taken as a result of using the Web/Server-Based Recruitment System.
In no event will Getmyfirstjob.co.uk Ltd or any other party who has been involved in the creation, production or delivery of the licensed materials be liable for special, direct, indirect or consequential damages.
Getmyfirstjob.co.uk Ltd shall not be liable to the Customer whether in contract, tort by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the Service, including without limitation:
1. Loss of revenue
2. Loss of anticipated savings
3. Loss of business and/or goods
4. Loss of goodwill
5. Loss of use
6. Loss and/or corruption of data and/or other information
7. Downtime
8. Any loss or damages in relation to the procurement of any substitute service
9. Force Majeur
If Getmyfirstjob.co.uk Ltd is prevented from or delayed in performing any of its obligations under this agreement due to circumstances beyond its control including, but not limited to, governmental acts, war or acts of terrorism, riots, strikes or trade disputes, technical failure, general availability of the Internet, weather, flood, fire, or explosion Getmyfirstjob.co.uk Ltd shall not be liable for this.
9. General
If any term of this Agreement or the Contract is held by any competent authority to beunlawful, invalid or unenforceable in whole or in part then the provision shall be deemed tobe servable from the remaining provisions and shall not affect their validity or enforceability.
English law governs these terms and conditions. Getmyfirstjob.co.uk Ltd and the Customer submit to the exclusive jurisdiction of the English courts.
All queries regarding these conditions can be made in writing to info@getmyfirstjob.co.uk, Regus, Herons Way, Chester Business Park, Cheshire, CH4 9QR, United Kingdom