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lkplg60.txt
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1999-03-26
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IMPORTANT NOTICE: CAREFULLY READ THIS LICENCE BEFORE USING THE SOFTWARE.
BY USING THE SOFTWARE YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS
OF THIS LICENCE AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS WE ARE
UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY, WITHIN FIFTEEN
(15) DAYS, RETURN THE SOFTWARE UNUSED TO THE PERSON FROM WHOM YOU
ACQUIRED IT FOR A FULL REFUND.
SSEYO SOFTWARE LICENCE AGREEMENT
A. SSEYO Limited ("SSEYO") continues to own this copy of the Software
and all other copies that you are authorised by this Agreement to make.
This license gives you the non-exclusive, non-sublicensable,
non-transferable right to use the Software on the following terms:
B. YOU MAY
1. Use one copy of the Software (and where the package may contain more
than one copy of the Software i.e. 16 bit version and 32 bit version,
you may use only one copy) on a single computer, subject to the
provisions below. The Software is "in use" on a computer when it is
loaded into the temporary memory or installed in the permanent memory of
that computer.
2. Make one (1) backup copy of the Software, provided that you
reproduce all copyright and other proprietary notices on the copy and
the copy is kept in your possession with the original.
3. Where your version of the Software permits it and where not in
conflict with Clause C7 record the output of the Software to MIDI or
audio file without any of the rights in the recorded material reverting
to SSEYO, subject always to any rights to the recordings owned by the
authors of any source material used.
4. Use the Software for live public performances where the Software is
one of the range of purchaseable SSEYO Koan authoring tools and where
you are the sole performer or one of a recognised small band of
performers each having their own legitimate licensed version using the
Software to give a performance to an audience where the performances may
include situations where the output of the Software is influenced or
affected by sensors, sensor input or other external input originated
solely through the actions of the performers themselves or is directly
controlled by another software program in turn controlled solely through
the actions of the performers themselves. In any event, this license
strictly prohibits the use of the Software in a live public performance
or sound environment where an audience, the public or the environment in
any way influences or affects the output of the Software directly or
indirectly other than as directed through the actions of a sole
performer or recognised small band of performers and for any such use an
appropriate SSEYO performance license will be required.
5. Under the Supplementary Content License section below, if present,
use specifically identified components of the Software in the manner
stated therein.
C. YOU MAY NOT
1. Rent, lend, lease, sell, transfer or grant any rights in the
Software.
2. Remove any copyright or other proprietary notices on the Software.
3. Modify, alter, translate or create derivative works based on the
Software (except as the law may permit you to do so, notwithstanding
such restrictions).
4. Reverse engineer, decompile, disassemble or otherwise attempt to
derive the source code, except as the law may permit you to do so,
notwithstanding such restrictions, and you acknowledge that the Software
in source code form remains a confidential trade secret of SSEYO and/or
its suppliers.
5. Use this Software in a mode of operation where the Software is
unattended by an operator for any purpose whatsoever, other than for
personal use.
6. Except as governed by Clause B4 use the Software for or in
connection with any public performance, live broadcast or time delayed
live broadcast without an appropriate SSEYO performance license.
7. Make any recordings of a SSEYO Koan piece where the original piece
author has NOT authorised recordings of their piece or components of
that piece.
8. Redistribute any Koan piece or components of that piece in a format
editable by Koan X or Koan Pro or any other Koan authoring tool where
the copyright holder of the piece or components of that piece has not
authorised such redistribution.
9. Distribute the Software or any part of it on a public bulletin
board, ftp site, world wide web site or by any other means.
10. Where the Software contains any Redistributable Code listed under a
directory named "REDIST" use the Redistributable Code other than with
Microsoft Operating System products.
D CONTENT
All content accessed by or through the Software is the property of the
applicable content owner and may be protected by applicable copyright
law. This License gives you no rights to such content.
E. LIMITED WARRANTY
SSEYO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR
ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR
ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES WHATSOEVER, INCLUDING WARRANTIES OF SATISFACTORY
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
WHERE THIS SOFTWARE IS PROVIDED GRATUITOUSLY SSEYO SHALL NOT BE LIABLE
UNDER ANY THEORY OF LAW OR FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER
OF THE SOFTWARE. SSEYO WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT
ISSUE UPDATES TO THIS SOFTWARE.
DEPENDING ON LOCAL LAW, CERTAIN LIMITATIONS CONTAINED IN THIS WARRANTY
MAY NOT APPLY TO YOU OR YOU MAY HAVE OTHER RIGHTS, SO BE SURE TO CHECK.
THIS WARRANTY IS GIVEN IN LIEU OF ALL WARRANTIES, CONDITIONS, TERMS,
UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM,
TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY
EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
F. LIMITATION OF LIABILITY
NEITHER WE NOR OUR SOFTWARE SUPPLIERS, DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES, WILL BE LIABLE FOR (a) ANY INDIRECT, CONSEQUENTIAL, SPECIAL
OR INCIDENTAL DAMAGES OR ANY SORT, SUCH AS DAMAGES FOR LOST PROFITS,
BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE
SOFTWARE, WHETHER OR NOT WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. 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.
G. GENERAL TERMS
All rights not expressly granted to you hereunder are reserved by us.
This License is effective until terminated. Failure to comply with any
provisions of this License, will result in automatic termination of this
License and may result in legal action. SSEYO may terminate this
License at any time by delivering notice to you and you may terminate
this License at any time by destroying or erasing your copy of the
Software. Upon termination, you agree to destroy all copies of the
Software in your possession. In the event of termination, the following
sections of this License will survive: C7,D,E and F. This License is
personal to you and you agree not to assign your rights herein.
Title, ownership rights, and intellectual property rights in and to the
Software shall remain in SSEYO and/or its suppliers where applicable.
You agree to abide by international copyright law.
Subject always to Clause C9 of this Agreement, where the Software
contains any Redistributable Code listed under a directory named
"REDIST" the Recipient acknowledges that the Redistributable Code is
subject to the export control laws and regulations of the U.S.A., and
any amendments thereof. Recipient confirms that with respect to the
Software, it will not export or re-export it, directly or indirectly,
either to (i) any countries that are subject to U.S.A. export
restrictions (currently including but not necessarily limited to, Cuba,
the Federal Republic of Yugoslavia (Serbia and Montenegro), Haiti, Iran,
Libya, North Korea, and Syria); (ii) any end user who Recipient knows or
has reason to know will utilize them in the design, development or
production of nuclear, chemical or biological weapons; or (iii) any end
user who has been prohibited from participating in the U.S.A. export
transactions by any federal agency of the U.S.A. government. Recipient
further acknowledges that the Software may include technical data
subject to export and re-export restrictions imposed by U.S.A. law.
The Software is provided with restricted rights. Any use, duplication
or disclosure by the U.S. Government or any agency thereof is subject to
restriction as set forth in subdivision (c)(1)(ii) of The Rights in
Technical Data and Computer Software clause at 48 CFR 252-227-7013 and
in subdivision (b)(3)(ii) of The Rights in Technical Data and Computer
Software clause at FAR 52.227- 7013. Similarly, any use, duplication or
disclosure by any other government is subject to similar restrictions
under local law. - In the event of any conflict between any provision
of this Agreement and any applicable law, the provision or provisions of
this Agreement affected shall be modified to remove such conflict and
permit compliance with such law, and as so modified this Agreement shall
continue in full force and effect. - This Agreement shall be governed
by the English law and shall be subject to the exclusive jurisdiction of
the English courts without reference to conflicts of laws principles.
This Agreement constitutes the entire agreement between the parties with
respect to the Software and supersedes any communications, advertising
or representations concerning the Software and may not be modified other
than by an instrument in writing signed by both parties.
NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A PERSON
DEALING WITH SSEYO AS A CONSUMER AS DEFINED IN THE UNFAIR CONTRACT TERMS
ACT 1977.
SSEYO, Koan and the SSEYO logo are either registered trademarks or
trademarks of SSEYO Ltd. in the UK and/or other countries. Microsoft
is a registered trademark of Microsoft Corporation.
IF YOU HAVE ANY QUESTIONS ABOUT THIS LICENCE OR THIS LIMITED WARRANTY,
PLEASE WRITE TO OUR CUSTOMER SERVICE DEPARTMENT AT SSEYO LIMITED, WEIR
BANK, MONKEY ISLAND LANE, BRAY, BERKS, SL6 2ED, UK.
=======================================================================
SUPPLEMENTARY CONTENT LICENSE
For the files specifically identified below as adaptable files
(Adaptable Files), templates (Templates) or digital audio samples
(Digital Audio Samples), which are all installed components of the
Software and which are subject to the terms of the SSEYO Software
License above, you may if you are the original purchaser of the Software
additionally:
A) For Adaptable Files:
1) Modify, alter, translate or create derivative works based on the
Adaptable Files for redistribution, resale or use on your website.
B) For Templates:
1) Modify except as to copyright information or any protected parameters
and combine the Templates, modified or not, with other Templates within
your own original compositions (Original Compositions).
2) Provided always that such Original Compositions are not designed or
intended to facilitate or cause a breach of this License by any other
user
a) Distribute but not sell except in SSEYO Koan Play (SKP) format
such Original Compositions to an end user;
b) Use but not sell except as in SSEYO Koan Play (SKP) format such
Original Compositions on your website.
C) For Digital Audio Samples:
1) Within your own original compositions (Original Compositions) use
on your website but not sell or distribute on your website the Digital
Audio Samples or components thereof provided always that such Original
Compositions are not designed or intended to facilitate or cause a
breach of this License by any other user.
2) Use the Digital Audio Samples within recorded music compositions
provided they are combined with other sounds.
Adaptable Files
---------------
None
Templates
---------
None
Digital Audio Samples
---------------------
None
Copyright (C) 1998-1999 SSEYO Limited. All rights reserved.