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2001-04-20
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Product name:
LOGOMANAGER, VERSION 1.2 for Windows 95/98/ME/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.].
* There are several types of licence listed below, selected at the time of
purchase. Unless otherwise stated, the STANDARD LICENCE terms apply.
* The STANDARD 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 a single
machine within a commercial organisation. This includes permission for
use of the SOFTWARE PRODUCT that results in profit: the COMMERCIAL LICENCE
is the only licence type that allows this.
* 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. 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.