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- SSEYO Licence Agreement for Koan Web and Koan Plugin
-
- 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 SHOULD
- NOT USE THE SOFTWARE.
-
- 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 licence gives you the non-exclusive, non-sublicensable,
- non-transferable right to use the Software on the following terms:
-
- B. YOU MAY
- 1. Use the Software, 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 Distribute the Software on a public bulletin board, ftp site, world
- wide web site, or distribute it by other means *provided* we give you
- written authorisation, which we may withhold for any reason.
-
- 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. Use this Software for any form of public broadcast or public
- performance.
- 7. Notwithstanding that the Software does not facilitate the making
- of MIDI file recordings, you may not make MIDI file recordings of a
- SSEYO Koan piece where the original piece author has NOT authorised
- MIDI file recordings of their piece, or claim rights to MIDI file
- recordings or other recordings of a SSEYO Koan piece where the author
- has not relinquished such rights.
-
- 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 Licencse 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 EXPRESS OR
- IMPLIED WARRANTIES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY AND
- FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
-
- THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, SSEYO SHALL
- NOT BE LIABLE UNDER ANY THEORY OR 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 OTHER 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 licence is effective until terminated. Failure to comply with
- any provisions of this licence, will result in automatic termination
- of this licence and may result in legal action. SSEYO may terminate
- this Licence at any time by delivering notice to you and you may
- terminate this Licence 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 Licence will survive: C7,D,E and F. This
- Licence 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. You agree
- to abide by international copyright 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 registered trademarks of SSEYO
- Limited in the UK and trademarks of SSEYO Limited in other countries.
- Netscape is a trademark of Netscape Communications Corporation.
- 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, PYRAMID HOUSE, EASTHAMPSTEAD ROAD, BRACKNELL, BERKS RG12
- 1YW, UK.
-
- Copyright (C) 1996 SSEYO Limited. All rights reserved.
-