Whisper Technology License Agreement

Copyright ©  2001 Whisper Technology Limited. All rights reserved.

Whisper Technology licenses this Software to you only upon the condition that you accept all of the terms contained in the License Agreement below.  Before you click on the "Yes" button to accept these terms, please read this License Agreement in full.  If you do not agree to all these terms, then please click the "No" button and remove the Software from your system.

Definitions

"Software" means all the software items supplied including programs, dictionaries, indexes, data files, help files, tutorial and sample programs, files, databases, forms and reports.

"Client Software" means that subset of the Software installed on a user's PC.

Where applicable, "Server Software" means that subset of the Software installed on servers on the network.

"Registration Codes" are those codes or keys supplied to you on purchase of a license for the Software.  The Registration Codes confirm the Software as licensed and register the Software with your name.   

Whisper Technology Limited ("Whisper Technology") is the owner of the copyright and other rights in the Software and is, accordingly, the licensor of the Software.

"You" are the person evaluating or acquiring the Software, and are, accordingly, the licensee in respect of it.

License Agreement

Prior to payment of the applicable license fees, Whisper Technology permits you to install and run the unregistered Software for the sole purpose of evaluating whether to purchase a license for the Software.  This evaluation period is limited to a maximum period of 30 days after which you should either purchase a license for the Software or uninstall and delete all copies of the Software.

Subject to purchase of a license and payment of the applicable license fees, Whisper Technology grants you a non-exclusive, non-transferable license to install and run the Software.  On purchase of a license for the Software, Whisper Technology will supply Registration Codes to confirm the Software as licensed and to register the Software with your name.

The Client Software may be installed and run only on a single computer for each copy of the Software licensed.

Where applicable, the Server Software may be installed and run on any number of servers.

Where you use a computer at work and a separate computer at home then you may also install and run the Client Software on the second computer at home so long as only one copy is run at a time.

The Software may be copied for back-up or archival purposes provided that any copies of the Software are clearly labeled as such and include a prominent notice to the effect that Whisper Technology is the copyright owner.

You may freely copy the evaluation Software, or upload the Software to any newsgroup, forum, web-site, ftp server, magazine cover disk or CD, etc., but only in its original distribution format, as downloaded from our website, and without modification, to other individuals for their evaluation purposes.  In no circumstances may you charge, or request donations, for any such copies.  

In no circumstances may you copy or in any other way provide any Registration Codes supplied to you by Whisper Technology to any other person.

In the event that your Registration Codes are used by another person or organization, then Whisper Technology reserves the right to cancel your license and terminate this agreement.  In such circumstances, Whisper Technology reserves the right to prohibit your use of the Software and new versions of the Software.

You shall take all reasonable precautions and measures to protect the Software and Registration Codes from unauthorized use, access, copying, modification, reproduction, distribution or publication.

No title to, or ownership of, the Software is transferred to you.

Prohibited Uses

You may not make copies of the Software and Registration Codes except as provided above.
 
You may not assign, rent, lease, lend, resell, share, license or transfer the Software.

You may not decompile, disassemble, reverse engineer, or otherwise modify the Software, save as provided for under local law.  Any additional information required for interoperability of the Software has been provided in the documentation or is readily available from Whisper Technology on request.

Termination

You may terminate this agreement at any time by discontinuing all use of the Software and permanently uninstalling and deleting or destroying all copies of the Software.
   
Whisper Technology may terminate this agreement at any time following a breach of this agreement and/or infringement of Whisper Technology's copyright.

Warranty

Whisper Technology warrants that the Software, when correctly installed, will perform in substantial accordance with the documentation provided for a period of 90 days after licensing of the Software.  Whisper Technology does not warrant that the operation of the Software will be uninterrupted or error free.

You are entitled to download and run any new releases or versions released during the 90 day warranty period.

Whisper Technology's sole liability under any breach of this Warranty is to replace a defective copy of the Software or to refund the license fee paid for the Software.

Subscription Program

If you purchase the Subscription Program, you are entitled to download and run any new releases or versions of the licensed Software released during the described term of the Subscription Program. 

Liability

You are entirely responsible for determining the suitability of the Software for your purposes and for the use that you make of the Software.

Whisper Technology are not liable for any loss or direct, indirect, special or consequential damages arising from the use of the Software, however caused, save that provided for under local law.

Entire Agreement

This agreement represents the entire agreement between Whisper Technology and you and supersedes all previous agreements or representations whether written or oral.

Trademarks

Other brands or products are trademarks or registered trademarks of their respective holders and should be treated as such.

Applicable Law

This agreement is subject to the laws of England.