IST Software Product License
-
This software package including the user manual and any
associated documentation ("the Licensed Software") is supplied
under licence from Imperial Software Technology Limited of
Berkshire House, 252 Kings Road, Reading, RG1 4HP, United
Kingdom ("IST"), upon the following terms and conditions which
you are deemed to have accepted by installing the Licensed
Software, thereby becoming the Licensee of the Licensed
Software.
-
All copyrights, title and other intellectual property rights in the
Licensed Software are owned by IST and its licensors. IST is authorised
to permit the Licensee to load the Licensed Software onto a computer
and use the Licensed Software subject to the terms and conditions set
out below.
- CONDITIONS OF USE
- You may:
- use the Licensed Software and one (1) backup copy of the
Licensed Software in connection with the single computer
system and for the number of users and purpose specified by
IST or the Licensed Software supplier.
-
make one (1) back-up copy of the Licensed Software (but not
the user manual or associated documentation) solely for
back-up purposes provided that you reproduce all copyright
notices, trade marks, legends and logos on the back-up copy
and maintain an accurate record of the location of the back-up
copy.
- You may not:
- permit the use of the Licensed Software by more than the
specified number of users.
- make copies of the Licensed Software except one (1) for
security back-up purposes.
- make copies of the user manual or associated documentation.
- distribute, transfer, loan, rent, assign, lease or
sub-license the Licensed Software or any copy or any part of
it to anyone else.
- alter or adapt the Licensed Software by reverse
engineering, decompiling or disassembling it or otherwise.
- remove any copyright notice, trade mark, legend, logo or
product identification of the Licensed Software or the back-up
copy.
- Educational Licensees may not use the Licensed Software
for any purposes other than as a teaching aid or in connection
with students' course work.
- If the Licensed Software is for Evaluation or
Demonstration purposes only then furthermore you may not use
the Licensed Software for any purpose other than to evaluate
or to demonstrate its functionality.
- The Licensed Software contains technology which is subject to U.S.
and U.K. export control laws and may be subject to export or
import regulations in other countries. Licensee agrees to comply
with all such laws and regulations.
- TERM
- The Licence Agreement becomes effective when you first
install the Licensed Software.
- The Licence Agreement will terminate:
- if you notify IST, or the Licensed Software supplier, that
you wish to terminate the licence.
- automatically if you are in breach of or fail to comply
with any term or condition herein.
- after the time period, if any, specified by IST or the
Licensed Software supplier.
- Upon any termination you must destroy all copies of the
Licensed Software and certify to IST that it has been so
destroyed. Upon termination you will not be entitled to any
refund of money or other consideration paid by you.
- LIABILITY
- IST AND THE LICENSED SOFTWARE SUPPLIER, DISTRIBUTORS AND
DEALERS MAKE NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS
OR IMPLIED (BY STATUTE OR OTHERWISE) RELATING TO THE
PERFORMANCE, QUALITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE SOFTWARE OR OTHERWISE AND ALL SUCH
REPRESENTATIONS AND WARRANTIES ARE HEREBY SPECIFICALLY
DISCLAIMED AND EXCLUDED.
- YOU ALONE ARE ABLE TO DETERMINE WHETHER THE SOFTWARE WILL
MEET YOUR REQUIREMENTS AND THE ENTIRE RISK AS TO ITS
PERFORMANCE IS WITH YOU AND, SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU ALONE MUST ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION AND ANY INCIDENTAL
OR CONSEQUENTIAL EXPENSES. IN NO EVENT WILL IST, ITS LICENSED
SOFTWARE SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (1) DIRECT,
(2) INDIRECT, (3) SPECIAL, (4) INCIDENTAL OR (5) CONSEQUENTIAL
DAMAGES (INCLUDING LOSS OF PROFITS OR BUSINESS) RESULTING FROM
ANY DEFECT AND OR/USE OF THE LICENSED SOFTWARE, EVEN IF IST
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER
DUE TO IST'S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION
OR OTHERWISE.
- NOTWITHSTANDING THE ABOVE, IF THERE SHOULD ARISE ANY
LIABILITY ON THE PART OF IST BY REASON OF THE LICENSING OR USE
OF THE LICENSED SOFTWARE OR OTHERWISE, WHETHER DUE TO IST'S
NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE
SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE PRICE
PAID BY YOU FOR THE LICENSE TO USE THE SOFTWARE OR AT THE
ELECTION OF IST THE COST OF REPAIR OR REPLACEMENT OF THE
DEFECTIVE SOFTWARE BY IST.
- You shall indemnify IST. its Licensors and the Liucense
Software supplier against
all claims by third parties (other than claims alleging breach
by the Licensed Software, as supplied, of a third party's
copyright, patent or other intellectual property rights)
arising from the possession or use of the software by you or
anyone using it with your consent.
- GENERAL
- This Licence Agreement is governed by and interpreted in
accordance with the laws of England and you agree to submit to
the non-exclusive jurisdiction of the English courts.
- By installing the Licensed Software you acknowledge that
you have read this Agreement, understand it and agree to be
bound by its terms and conditions.
- Any representations, modifications or amendments to this
Agreement shall be of no force unless contained in a written
memorandum from IST and signed by a duly authorised officer of
IST.
- Any party's failure or delay in enforcing any provision
hereof will not waive that party's rights.
- If any provision of this Agreement is found invalid or
unenforceable pursuant to any judicial decree or otherwise the
remainder of this Agreement shall remain valid and enforceable
according to its terms.
- IST may assign or transfer its rights and obligations
under this Agreement without your prior consent.
-
U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Products provided under
this Agreement are commercial computer software developed
exclusively at private expense, and in all respects is proprietary
data belonging to Licensor or its suppliers. If the Licensed
Products are acquired by or on behalf of agencies or units of the
Department of Defense ("DoD"), then, pursuant to DoD FAR
Supplemental Section 227.7202 and its successors (48 C.F.R.
227.7202) the Government's right to use, reproduce or disclose the
Licensed Products acquired under this Agreement is subject to the
restrictions of this Agreement. If the Licensed Products are
acquired by or on behalf of civilian agencies of the U.S.
Government, then, pursuant to FAR Section 12.212 and its
successors (48 C.F.R. 12.212), the Government's right to use,
reproduce or disclose the Licensed Products acquired under this
Agreement is subject to the restrictions of this Agreement.