BrightPay Licence Terms and Conditions

END-USER LICENCE AGREEMENT FOR BrightPay®

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL.

Thesaurus Software Limited's End-User Licence Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Thesaurus Software Limited for the usage of BrightPay®, which may include associated software components, media, printed materials, and "online" or electronic documentation ("BRIGHTPAY®"). By installing, copying, or otherwise using BrightPay®, you agree to be bound by the terms of this EULA. This licence agreement represents the entire agreement concerning the program between you (referred to as the "licensee") and Thesaurus Software Limited (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use BrightPay®.
BrightPay® is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. BrightPay® is licensed, not sold.

1. GRANT OF LICENCE

BrightPay® is licensed as follows:

(a) Installation and Use.
Thesaurus Software Limited grants you the right to install and use copies of BrightPay® on your computer running a validly licensed copy of the operating system for which BrightPay® was designed.

• Standard Licence facilitates 10 activations for a single employer with either a limited number of employees, or unlimited employees (depending on which option was purchased when obtaining the licence). The licence is linked to a single employer PAYE reference number. The employee limit, where applicable, includes both previous (leavers) and current employees in the tax year.
  
  
• Bureau Licence facilitates 10 activations for use with either a limited number of employers, or unlimited employers (depending on which option was purchased when obtaining the licence).

(b) Backup Copies.
You may also make copies of BrightPay® as may be necessary for backup and archival purposes.

(c) Supplementary Software and Updates.
BrightPay® may also include updates, add-ons, or other supplements or services that Thesaurus Software Ltd may offer to the Licensee or otherwise make accessible in various extents for free or for a fee as per the Terms and Conditions. The provision or use of these items may be the subject of a separate license agreement.

2. USERS

A “User” of BrightPay® is a person who physically uses the software on the basis of a License. If the Licensee is a physical person, then the Licensee and the User may be a single person. The Licensee is responsible for upholding the User’s obligations towards Thesaurus Software Limited arising from the License.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

(a) Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of BrightPay®.

(b) Distribution
You may not distribute registered copies of BrightPay® to third parties. Evaluation versions available for download from Thesaurus Software Limited's websites may be freely distributed.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble BrightPay®, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Rental
You may not rent, lease, or lend BrightPay®.

(e) Support Services
Thesaurus Software Limited may provide you with support services related to BrightPay® ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of BrightPay® and subject to the terms and conditions of this EULA.

(f) Compliance with Applicable Laws
You must comply with all applicable laws regarding use of BrightPay®.

4. TERMINATION
Without prejudice to any other rights, Thesaurus Software Limited may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of BrightPay® in your possession.

5. COPYRIGHT
All title, including but not limited to copyrights, in and to BrightPay® and any copies thereof are owned by Thesaurus Software Limited or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of BrightPay® is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Thesaurus Software Limited.

6. NO WARRANTIES
Thesaurus Software Limited expressly disclaims any warranty for BrightPay®. BrightPay® is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Thesaurus Software Limited does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within BrightPay®. Thesaurus Software Limited makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Thesaurus Software Limited further expressly disclaims any warranty or representation to Authorised Users or to any third party.

7. LIMITATION OF LIABILITY
In no event shall Thesaurus Software Limited be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of 'Authorised Users' use of or inability to use BrightPay®, even if Thesaurus Software Limited has been advised of the possibility of such damages. In no event will Thesaurus Software Limited be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Thesaurus Software Limited shall have no liability with respect to the content of BrightPay® or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

8. INFORMATION ON SOFTWARE USAGE (TELEMETRY)
Unless set otherwise in a separate agreement, by using BrightPay® you agree to the collection of telemetric information. BrightPay® collects information on:

• the specification and capabilities of the hardware and operating system on which BrightPay® is installed (e.g. operation system version, screen dimensions, available computer memory, etc.)
• the type of licence in use (i.e. Standard or Bureau) and software version of BrightPay® in use
• anonymous statistical information about employer data files processed in BrightPay® (e.g. data file size, number of employees, number of subcontractors, auto enrolment staging date, etc.).
• selected actions that the User takes in the software (e.g. which payment schedules are used, which pension providers are used, which bank file templates are used, etc.)
• reports of errors or crashes that may occur during the use of BrightPay®
  
  

The data obtained is sent by BrightPay® to Thesaurus Software Ltd along with a unique token associated with your BrightPay® Licence. In no case does Thesaurus Software Ltd collect any identifiable or personal information about employers, employees or subcontractors processed by the User. The data thus obtained by Thesaurus Software Limited serves exclusively for statistical and/or billing purposes and for guiding the development of Thesaurus Software Limited's products and services.