THIS IS A LEGAL AGREEMENT BETWEEN YOU, AN END USER, AND LICENSOR.
BY DOWNLOADING AND INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND DELETE ANY COPIES OF THE SOFTWARE THAT YOU HAVE DOWNLOADED.
THIS SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE FOR NON-COMMERCIAL PURPOSES ONLY PROVIDED THAT THE ABOVE COPYRIGHT NOTICE(S) AND THIS PERMISSION NOTICE APPEAR IN ALL COPIES OF THE SOFTWARE AND THAT BOTH THE ABOVE COPYRIGHT NOTICE(S) AND THIS PERMISSION NOTICE APPEAR IN SUPPORTING DOCUMENTATION. OBTAINING A LICENSE TO THIS SOFTWARE FROM ANY PARTY OTHER THAN LICENSOR AND/OR PAYING A FEE FOR SUCH LICENSE IS STRICTLY FORBIDDEN. IF YOU ARE AWARE OF ANY UNAUTHORIZED THIRD PARTY DISTRIBUTING THIS SOFTWARE AND/OR CHARGING A FEE FOR THIS SOFTWARE, PLEASE REPORT SUCH VIOLATIONS TO YOUR CONSUMER PROTECTION AUTHORITIES.
A "NON-COMMERCIAL" USE MEANS A PERSONAL, ACADEMIC, SCIENTIFIC OR RESEARCH USE OF THE SOFTWARE, PROVIDED THAT SUCH USE IS IN NO WAY COMMERCIAL. ANY OTHER USE OF THE SOFTWARE NOT EXPLICITLY MENTIONED HERE TO BE PERMITTED WILL REQUIRE THE PURCHASE OF A COMMERCIAL LICENSE.
LICENSE TERMS AND CONDITIONS
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer ("License") for non-commercial purposes only, provided the Software is in use on only one computer at any given time. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use".
II. Copyright
The Software is owned by Licensor and is protected by copyright laws, international treaty provisions, and other national laws. You agree that you have no right, title or interest in the Software, except as set forth in Subsection I.
III. Other restrictions
You may not rent, lease, sell or transfer the Software to any third party. You may not reverse engineer, decompile or disassemble the Software.
IV. Warranties
YOU ACKNOWLEDGE THAT YOU HAVE LICENSED THIS SOFTWARE FREE OF CHARGE AND THAT LICENSOR MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS LICENSOR FROM ANY AND ALL CLAIMS OF INFRINGEMENT (INCLUDING THOSE MADE BY THIRD PARTIES) RESULTING IN WHOLE OR IN PART FROM YOUR USE OF THE SOFTWARE.
V. No liability for consequential damages
In no event shall Licensor be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.
VI. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of England. If any dispute shall arise pursuant to any provision of this Agreement, said dispute shall be settled by binding arbitration in accordance with the rules and regulations of the courts, located in England. If any term or provision of this Agreement shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this Agreement shall remain in full force and effect, according to its terms. Any provision declared invalid shall be modified to the fullest extent possible to reflect the parties intent as of the Effective Date.
Copyright ⌐ 2002, 2003 Jamie Osborne. All rights reserved.
