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licekprd.txt
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1997-06-19
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Licence Agreement for SSEYO Koan Pro Demo
ATTENTION: THIS IS A LICENCE, NOT A SALE
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 THIS
ENTIRE PACKAGE UNUSED AND UNOPENED TOGETHER WITH PROOF OF PURCHASE TO THE
PERSON FROM WHOM YOU ACQUIRED IT FOR A FULL REFUND.
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 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 any 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. 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. 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.
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 Licence 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.
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 either registered trademarks or trademarks
of SSEYO Ltd in the UK and/or other countries.
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, BERKSHIRE, SL6 2ED, UK.
Copyright (C) 1996-1997 SSEYO Limited. All rights reserved.