By purchasing a solution from Exceed IT, the client (licensee) agrees to the following terms and conditions with regard to ownership of the solution or product:
Where Exceed IT have provided a solution based on their existing technology, including frameworks, products, modules and solutions, Exceed IT:
- Remain the sole owner of the technology with all rights
- Exceed IT may, at its discretion, grant a license - details and costs for such a license to be agreed in writing on a case by case basis.
- In all cases where such a license is granted or Exceed IT products and services are used, Exceed IT retain the ownership of the underlying intellectual property
- In all cases, Exceed IT remains the owner and retains the right to sell this technology to unlimited clients without restriction
- Unless by express permission in writing, the licensee cannot resell any Exceed IT Technology
- Where Exceed IT have provided access to their technology, the client/licensee is responsible to ensure that the technology is not stolen or resold to any other party without Exceed IT's written permission and further licensing terms agreed in writing.
- Unless agreed in writing, Exceed IT require all clients to use their Web Hosting services where applicable (including, but not limited to, ES platform, Exceed Shop and Charity Portal products). If you wish to host with another company or use another technology provider then a written agreement must be made with relevant terms and in all cases Exceed IT will remain the sole owner of all underlying technology.
Where a solution is built using third party technology or a third party component is used, then the third parties polices will apply as per their terms.
Where a website or solution is based on an Exceed IT solution but involves custom modules or designs (themes):
- The client is the owner of the theme (once paid in full) and is entitled to request a copy of the theme, without the underlying technology, for their own purposes. It is understood that there may be shared elements in this theme and these remain Exceed IT property for reuse as needed
- Until paid for in full the theme and any custom modules remain the property of Exceed IT Systems Ltd
- The client understands that modules and technology are often built as part of a project but in all cases Exceed IT retain the ownership of this property, even if built as part of the client specification, unless otherwise agreed in writing
- It is understood that the theme will ONLY be compatible with Exceed IT technology and so not function without it
- It is understood that while the theme will be tailor made for the client and remains their property, other designs may bear some resemblance in terms of ideas and styling
- Themes may include underlying or shared elements and generic components that remain the property of Exceed IT
- Where a module or theme cannot be easily separated from the underlying technology, Exceed IT may charge to perform this separation
- The client agrees to pay any support or preparation costs related to supplying themes and modules to third parties
- Exceed IT retain the right to develop new modules as pat of a project which are then retained as part of their product and can be sold, without reservation, to other clients
Where a website, theme or feature has been specifically built without any Exceed IT products or existing technology involved:
- Where a third party technology is used then those terms apply
- The client remains the owner of that technology, to be used as they wish
Where a solution is purchased from a reseller or agent (either branded, rebranded or whitelabelled), these terms will still apply and the agent is responsible to reflect them in their terms and conditions of sale
Where the client has chosen not to use Exceed IT web hosting services OR you code level access has been agreed the client is responsible to ensure that code is not reused or sold without Exceed IT's express written permission. The client also understands that system access will limit their warranty