Licence agreement

Product name:

LOGOMANAGER, VERSION 1.2 for Windows 95/98/NT 4.0/2000

END-USER LICENCE AGREEMENT for v1.2, LogoManager for Nokia Phones

IMPORTANT-READ CAREFULLY: This End-User Licence Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and W.M.D. Bradley ("AUTHOR") for the software product identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licenced, not sold.

1. GRANT OF LICENCE. The SOFTWARE PRODUCT is licenced as follows:

• The licence is granted only upon payment of the list value of the licence to THE AUTHOR, either directly, or via an AUTHOR approved supplier.
• Installation and Use. THE AUTHOR grants you the right to install and use copies of the SOFTWARE PRODUCT on your computers running validly licenced copies of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows(r) 95; Windows NT(r), Windows 3.x, Macintosh, etc.].
• The PERSONAL LICENCE allows personal non-commercial use on a single machine only.
• The BUSINESS LICENCE permits you to use the SOFTWARE PRODUCT within a commercial organisation, where profit is not made from the use of the SOFTWARE PRODUCT.
• The DEALER LICENCE permits you to use the SOFTWARE PRODUCT on up to two machines within a high street mobile phone dealership. No fee can be charged for this service and the fact that the SOFTWARE PRODUCT is being used must be advertised to the customer. If you wish to charge for the service, then a full commercial licence must be purchased.
• The COMMERCIAL LICENCE permits you to use the SOFTWARE PRODUCT on up to three machines on-site machine within a commercial organisation. This includes for-profit use of the SOFTWARE PRODUCT
• If you purchased a SINGLE LICENCE then you may install and use the SOFTWARE PRODUCT on one machine only. If you purchased a DEALER LICENCE, then you are restricted to installation on up to two machines. Bulk licensing is also possible - if you purchased a MULTI-USER, or SITE LICENCE, then you are restricted to the installation and use of the agreed number of copies on machines within your organisation; this includes laptop computers taken off-site that are provided for the purposes of business in your organisation, but excludes machines privately owned by your employees.
• The UNLICENCED EVALUATION EDITION may be freely distributed in its original form, and may be used for a period of 30 days. After this period, you must either remove the SOFTWARE PRODUCT from your system, or purchase a LICENCE.
• Licence files, full versions and licence keys must not be made public or otherwise distributed. Keys or full versions which become public may be immobilised. The use of such files without having purchased a licence is expressly prohibited.
• Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

• Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
• Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties.
• Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Modification of distributed files is also expressly forbidden.
• Rental and transfer. You may not rent, lease, grant a security interest in, or otherwise transfer rights to the SOFTWARE PRODUCT.
• Support Services. THE AUTHOR may at his discression provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the AUTHOR's polices and programs described in the user manual, in "on line" documentation and/or other AUTHOR-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to THE AUTHOR as part of the Support Services, THE AUTHOR may use such information for his business purposes, including for product support and development. THE AUTHOR will not utilize such technical information in a form that personally identifies you.
• Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

3. TERMINATION. Without prejudice to any other rights, THE AUTHOR 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 the SOFTWARE PRODUCT.

4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by THE AUTHOR or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT 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 THE AUTHOR.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is W M D Bradley, 19 Fairfax Road, Cambridge, CB1 3AZ, UNITED KINGDOM.

6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

7. NO WARRANTIES. THE AUTHOR expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

8. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall THE AUTHOR or his suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if THE AUTHOR has been advised of the possibility of such damages. In any case, THE AUTHOR's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or GBú5.00. Furthermore, some countries do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

9. MISCELLANEOUS.

This EULA is governed by the laws of the United Kingdom of Great Britain and Northern Ireland.

If this product was acquired outside the United Kingdom, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact THE AUTHOR for any reason, please write to: W M D Bradley, 19 Fairfax Road, Cambridge, CB1 3AZ, UNITED KINGDOM.