hedgehog lab Bug Tracking, Defect Tracking, and Issue Tracking software for the enterprise.

Let's get over the legal bit

You need to agree to our terms and conditions listed below to download and use fixx.

Important notice: Please read carefully before downloading any software from this website: This licence agreement (“Licence”) is a legal agreement between you (the “Licensee” or “you”) and Hedgehog Lab Limited incorporated and registered in England and Wales with company number 05993194 whose registered office is at Greenesfield Business Centre, Mulgrave Terrace, Gateshead, Tyne and Wear, United Kingdom, NE8 1PQ (“Hedgehog Lab” or “we”) for the current version of the Fixx software product (the “Software”), which includes computer software, printed materials and documentation (the “Documentation”). By proceeding to download any software from this website you agree to the terms of this licence which will bind you and your employees. If you do not agree to the terms of this licence, we are unwilling to license the software to you and you must discontinue the downloading process now. In this case you may not download or order any software from this website. Grant and scope of licence In consideration of payment by you of the agreed licence fee and you agreeing to abide by the terms of this Licence, Hedgehog Lab hereby grants to you a perpetual, non-exclusive, non-transferable licence to use the Software and the Documentation on the terms of this Licence. Under this Licence you may: download, install and run a single instance of the Software on your computer systems for your private or internal business purposes only; make a reasonable number of copies of the Software for back-up purposes only, provided that this is necessary for the activities permitted under condition 1.1; use any Documentation in support of the use permitted under condition 1.1. Licence Fee The licence fee to be paid by you shall be as set out on our website when you download the Software shall will depend on the type of licence you purchase. The licence fee shall be paid by you in advance by such method(s) as we may require from time to time. Unless otherwise stated the licence fee shall be exclusive of VAT for which you will be additionally liable at the prevailing rate. Single User Licence – To qualify for a Single User Licence the Software must only be accessed and used by a single user within your organisation. If you wish to permit multiple users to access and use the Software you must purchase an Academic or Commercial Licence. Academic Licence – To qualify for an Academic Licence you must be a school, college, university, research institution, public library or public museum. If you purchase an academic licence you may permit any unlimited number of users within your organisation to access and use the Software. Commercial Licence – There are no qualifying criteria for a Commercial Licence. If you purchase a Commercial Licence you may permit any unlimited number of users within your organisation to access and use the Software. Hedgehog Lab may request you to verify that you are eligible for a Single User or Academic Licence at any time. Failure to provide verification within a reasonable time will be classified as a material breach of this Licence, which will entitle us to terminate this Licence in accordance with clause 8. Licensee's Undertakings Except as expressly set out in this Licence or as permitted by any local law, you undertake: not to copy the Software or Documentation except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security; not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation; not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities: is used only for the purpose of achieving inter-operability of the Software with another software program; and is not unnecessarily disclosed or communicated without Hedgehog Lab's prior written consent to any third party; and is not used to create any software which is substantially similar to the Software; to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software; to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence; to replace the current version of the Software with any updated or upgraded version provided by Hedgehog Lab under the terms of this Licence immediately on receipt; to include the copyright notice of Hedgehog Lab on all entire and partial copies you make of the Software on any medium; not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from Hedgehog Lab; not to use the Software via any communications network or by means of remote access. You agree to provide Hedgehog Lab and its representatives, with such information, data and other assistance as Hedgehog Lab may reasonably require from time to time, for the purpose of ensuring that you are complying with the terms of this Licence. Software Support and Maintenance If you purchase an Academic Licence or Commercial Licence payment of the Licence fee entitles you to 12 months Support and Maintenance. In all other cases, Support and Maintenance will only be provided if you have paid the applicable Support and Maintenance Fee as published on our Website from time to time. Support and Maintenance shall include: Updates - You will be entitled to any software release which corrects faults, adds functionality or otherwise amends or upgrades the Software, except where the software release is publicly marketed as a new version (containing significant differences from the previous versions as to be generally accepted in the marketplace as constituting a new product); and Telephone Support – We will operate a telephone help desk to provide technical advice and assistance between the hours of 10am and 4pm, Monday to Friday (except on days which are bank holidays in England); and Email Support – We will use reasonable endeavours to respond to any requests for technical advice and assistance by email within 2 working days. Intellectual Property Rights You acknowledge that all intellectual property rights in the Software and the Documentation anywhere in the world belong to Hedgehog Lab (or its l;icensors), that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence. You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments. Warranty Hedgehog Lab warrants that: it has power and authority to enter into this Licence; and for a period of 60 days from the date of installation (The “Warranty Period”) the Software will, when properly installed and used, perform substantially in accordance with the functions described in the Documentation; and it has tested the Software for viruses using commercially available virus-checking software, consistent with current industry practice. You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements. You acknowledge that the Software may not be free of bugs or errors, and agree that the existence of minor errors shall not constitute a breach of this Licence. If, within the Warranty Period, you notify Hedgehog Lab in writing of any defect or fault in the Software in consequence of which it fails to perform substantially in accordance with the Documentation, and such defect or fault does not result from you having amended the Software or used it in contravention of the terms of this Licence, Hedgehog Lab will, at its sole option, use reasonable endeavours to either repair or replace the Software, provided that you make available all the information that may be necessary to help Hedgehog Lab to remedy the defect or fault, including sufficient information to enable Hedgehog Lab to recreate the defect or fault. Licensors Liability Nothing in this Licence shall exclude or in any way limit Hedgehog Lab's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law. Subject to condition 7.1 Hedgehog Lab shall not be liable under, or in connection with, this Licence or any collateral contract for: loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Subject to condition 7.1 and condition 7.2, Hedgehog Lab's maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to 100% of the Licence Fee and Support and Maintenance Fees paid by you under this Licence. Subject to condition 7.1, condition 7.2 and condition 7.3, Hedgehog Lab's liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK. This Licence sets out the full extent of Hedgehog Lab's obligations and liabilities in respect of the supply of the Software and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Hedgehog Lab except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law. Termination Hedgehog Lab may terminate this Licence immediately by written notice to you if: You commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or a petition for a bankruptcy order to be made against you has been presented to the court; or the Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986). Upon termination for any reason: all rights granted to you under this Licence shall cease; you must cease all activities authorised by this Licence; you must immediately pay to Hedgehog Lab any sums due to Hedgehog Lab under this Licence; and you must immediately delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to Hedgehog Lab (at Hedgehog Lab's option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to Hedgehog Lab that you have done so. Transfer of Rights and Obligations This Licence is binding on you and us, and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence. Notices All notices given by you to us must be given to Hedgehog Lab Limited at Greenesfield Business Centre Mulgrove Terrace, Gateshead, Tyne and Wear, United Kingdom, NE8 1PQ or emailed to info@hedgehoglab.com. We may give notice to you at either the e-mail or postal address you provided to us when downloading the Software. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. Events outside our control We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government. Our performance under this Licence is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Licence may be performed despite the Force Majeure Event. Waiver If we fail, at any time during the term of this Licence, to insist upon strict performance of any of your obligations under this Licence, or if we fail to exercise any of the rights or remedies to which we are entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. Severability If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. Entire Agreement This Licence and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Software and Documentation and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into this Licence, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into this Licence except as expressly stated in this Licence. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Licence (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions. Law and Jurisdiction This Licence is governed by English law. Any dispute arising from, or related to, any term of this Licence shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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