Product Release Software Agreement
Scope of this Agreement
The Software-Product accompanying this Agreement as a pre-release copy and all affiliated materials, including documentation and information (collectively the “Product”), is copyrighted. Scope of this agreement is the licensing (not selling) of the “Product” to You, as the ‘user’ (either an individual or an entity). ARQ Wealth Limited reserves all rights not expressly granted.
Eligibility and Enrolment
Please read and agree to the following terms and conditions, if you wish to be eligible to participate and use the ARQ service. BY checking the box, you acknowledge that: (1) You are over 18 years old; (2) You have read, understood and accepted the terms and conditions of this agreement. (3) You certify that you are a “certified high net worth individual” as described below.
(a) In accordance with article 48 a certified high net worth individual is someone who signs a declaration in prescribed form that he/she has a gross income before tax of £100,000 or net qualifying asset value of £250,000 in the previous UK financial tax year.
(b) There is no requirement to corroborate or verify the certification.
Copyrights and Ownership
Ownership and Copyright of the Product and all copies thereof remain with ARQ Wealth Limited and/or its suppliers. The Product is copyrighted and is protected by UK copyright laws and international treaty provisions. Licensee agrees to prevent any unauthorised copying of the Product. Except as expressly provided herein, ARQ Wealth Limited does not grant any express or implied right to you under ARQ Wealth Limited patents, copyrights, trademarks, or trade secret information.
License and Acceptable Use
Limited License. You are entitled to access, download or install, and operate the Product solely for the purposes of performing your obligations under this Agreement. You may not sell, license, share or transfer the Product, or reproductions of the Product to other parties in any way.
Disclaimer of Liability and Warranties
Limitation on Liability Provision of any Product software under this Agreement is experimental and shall not create any obligation for ARQ Wealth Limited to continue to develop, produce, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. The product is provided “as is” without any express or implied warranty of any kind including warranties of merchantability or fitness for any particular purpose. in no event shall ARQ Wealth Limited or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the software, even if ARQ Wealth Limited has been advised of the possibility of such damages.
Term and Termination
Unless otherwise terminated as specified under this Agreement. Licensee’s rights with respect to the ARQ Service and Software will terminate upon the expiration of a valid and paid for account.
You will not disclose the software or any materials regarding the software to any third party without the prior written approval of ARQ Wealth Limited. You will maintain the confidentiality of the Product with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. You will not be liable for the disclosure of any confidential information which is: (a.) in the public domain other than by a breach of this Agreement on your part; or (b.) rightfully received from a third party without any obligation of confidentiality; or (c.) rightfully known to you without any limitation on use or disclosure prior to its receipt from ARQ Wealth Limited; or (d.) generally made available to third parties by ARQ Wealth Limited without restriction on disclosure.