EUROPEAN SOFTWARE LICENCE AGREEMENT FOR THE REALIMATION SPACE TIME EDITOR.
NOTE: FOR US AND OTHER NON-EUROPEAN LICENSING SEE LATER IN THIS DOCUMENT.
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1. NOTICE. WE ARE WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENCE AGREEMENT. PLEASE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE OPENING THE SEALED DISK PACKAGE. BY OPENING THIS PACKAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU SHOULD NOT OPEN THE DISK PACKAGE. IN SUCH CASE, PROMPTLY RETURN THE UNOPENED DISK PACKAGE AND ALL OTHER MATERIAL IN THIS PACKAGE ALONG WITH PROOF OF PAYMENT, TO THE AUTHORISED DEALER FROM WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU PAID. IF YOU PURCHASE THIS SOFTWARE FROM AN AUTHORISED DEALER, PLEASE NOTE THAT THE DEALER HAS AUTHORITY TO ENTER INTO THIS AGREEMENT ON OUR BEHALF.
2. Ownership and Licence
(a) This is a licence agreement and NOT an agreement for sale.
(b) We continue to own the copy of the software contained in this package and all other copies that you are authorised by the Agreement to make (the "Software").
(c) Your rights to use the software are specified in this Agreement and we retain all rights not expressly granted to you in this Agreement.
3. Permitted Uses
You are granted the following rights to the Software:
(a) Right to Install and Use
You may install and use the Software on the hard disk drive of any single compatible computer that you own. However, you may not under any circumstances have the software installed onto the hard drives of two or more computers at the same time, [nor may you install the Software onto the hard disk drive of one computer and then use the original diskettes on another computer]. If you wish to use the Software on more than one computer, you must either erase the Software from the first hard drive before you install it onto a second hard drive, or else license an additional copy of the Software for each additional computer on which you want to use it.
Different versions of the Software: For your convenience, this package may contain different versions of the software. In this case, you must treat them as a single copy of the Software and you may use only the version appropriate for your single designated computer. You may not use the other versions on another computer, nor may you loan, rent, lease or transfer them to another user except as expressly permitted by this Agreement.
(b) Right to Copy
You may copy the Software for back-up and archival purposes, provided that the original and each copy is kept in your possession, and that your installation and use of the Software does not exceed that allowed in Clause 3 (a) above.
(c) Right to Transfer
You may not rent, lend, or lease this Software. However, you may transfer this licence to use the Software to another party on a permanent basis by transferring this copy of the licence agreement, at least one unaltered copy of the Software, and all documentation. You must, at the same time, either transfer to the other party or destroy all your other copies of the Software. Such transfer of possession terminates your licence from us. Such other party shall be licensed under the terms of this Agreement upon its acceptance of this Agreement by its initial use of the Software. If you transfer the Software, you must remove the Software from your hard disk and you may retain any copies of the Software for your own use.
(d) Identity of Licensee; Purpose of Licence
This licence is personal to the licensee identified as the purchaser of the software and/or any person to whom this licence is transferred in accordance with Clause 3(d). In the case of an individual purchaser or authorised transferee, the licence granted herein is for the benefit only of that individual. In the case of a corporate purchaser or authorised transferee, the licence granted herein is for the benefit only of that corporation's employees and authorised agents. The intended purpose of use of the software is as specified in the documentation relating thereto.
4. Prohibited Uses
You may not, without written permission from us:
(a) Use, store, copy, modify, merge, or transfer copies of the Software or documentation except as provided in his Agreement;
(b) Use any back-up or archival copies of the Software (or allow anyone else to use such copies) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective;
(c) Disassemble, decompile or "unlock" reverse translate, or in any manner decode the Software for any reason except as permitted by Article 6 of the EU Software Directive (91/250/EEC);
(d) Sublicense, lease, or rent the Software; or
(e) Create scandalous, obscene or immoral works using the computer images included with or created using the Product.
5. Limited Warranty
We make the following limited warranties, for a period of 90 days from the date you acquired the Software from us, or our authorised dealer:
(a) Media
The disks and documentation in this package will be free from defects in materials and workmanship under normal use. If the disks or documentation fail to conform to this warranty, you may, as your sole and exclusive remedy, obtain (at your option) either a replacement free of charge or a full refund if you return the defective disk or documentation to us with a dated proof of purchase.
(b) Software
The copy of the Software in this package will materially conform to the documentation that accompanies the Software. If the Software fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the Software and the documentation to the authorised dealer from whom you acquired it, along with a dated proof of purchase, specifying the problem, and we will provide you either with a new version of the Software or a full refund (at your option).
(c) Warranty disclaimer
We do not warrant that this Software will meet your requirements or that its operation will be uninterrupted or error-free. We exclude and expressly disclaim all express and implied warranties or conditions not stated herein.
(d) Savings
Some Member States of the European Union do not allow the exclusion of certain implied warranties or conditions, so the above exclusion may not apply to you, and does not exclude any implied warranties or conditions which may not under applicable law be excluded. This limited warranty gives you specific legal rights and is in addition to any other legal rights you may have, which vary from one Member State to another.
THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
6. Limitation of Liability
(a) Our liability to you for any losses shall not exceed the amount you originally paid for the Software.
(b) In no event will we be liable to you for any indirect or consequential damages (including loss of profits) even if we have been advised of the possibility of such damages.
(c) Nothing in this Clause limits our liability to you in the event of death or personal injury resulting from our negligence.
7. Confidentiality
(a) The Software and documentation relating thereto contains confidential information and you agree not to disclose such information to any third party other than our own employees or authorised agents without our prior consent.
(b) The obligation of confidentiality under paragraph (a) of this Clause includes any confidential information relating to the Software which is obtained by you as the result of any analysis or decompilation permitted under Articles 5(3) and 6 of the EU Software Directive (91/250/EEC).
(c) This Clause shall survive the termination of this Agreement.
8. Export Controls
You agree that you will not directly or indirectly transfer the Software or documentation to any country to which such transfer would be prohibited by any applicable export control laws.
9. Termination
(a) This licence and your right to use the Software automatically terminates if you:
(i) fail to comply with any provisions of this Agreement.
(ii) destroy the copies of the Software in your possession or voluntarily return the Software to us, or
(iii) transfer the Software to another party in accordance with Clause 3(d).
(b) Upon termination you will destroy or return to us all copies of the Software and documentation other than those copies transferred to another party in accordance with Clause 3(c).
(c) Otherwise, the restrictions on your rights to use the Software will expire upon expiration of the copyright of the Software.
(d) Except in cases of serious or irremediable breach, we will give you notice of any breach and a reasonable opportunity to cure the breach before the Agreement is terminated under sub-Clause (a)(i) above.
10. Miscellaneous Provisions
(a) This Agreement will be governed by and construed in accordance with the substantive laws of England whose courts shall have jurisdiction over all disputes which may arise between us.
(b) This is the entire agreement between us relating to the contents of this package, and supersedes any prior purchase order, communications, advertising or representations concerning the contents of this package.
(c) No change or modification of this Agreement will be valid unless it is in writing and is signed by us.
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UNITED STATES of AMERICA and NON EUROPEAN SOFTWARE LICENSE AGREEMENT
FOR THE REALIMATION SPACE TIME EDITOR
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1. NOTICE. WE ARE WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE OPENING THE SEALED DISK PACKAGE. BY OPENING THIS PACKAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT OPEN THE DISK PACKAGE. IN SUCH CASE, PROMPTLY RETURN THE UNOPENED DISK PACKAGE AND ALL OTHER MATERIAL IN THIS PACKAGE ALONG WITH PROOF OF PAYMENT, TO THE AUTHORISED DEALER FROM WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU PAID.
2. Ownership and License. This is a license agreement and NOT an agreement for sale. We continue to own the copy of the software contained in this package and all other copies that you are authorised by this Agreement to make (the "Software"). Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under U.S. Copyright law or any other federal or state law.
3. Permitted Uses.
You are granted the following rights to the Software:
(a) Right to Install and Use.
You may install and use the Software on the hard disk drive of any single compatible computer that you own. However, you may not under any circumstances have the Software installed onto the hard drives of two or more computers at the same time, [nor may you install the Software onto the hard disk drive of one computer and then use the original diskettes on another computer]. If you wish to use the Software on more than one computer, you must either erase the Software from the first hard drive before you install it onto a second hard drive, or else license an additional copy of the Software for each additional computer on which you want to use it.
Different versions of the Software: For your convenience, this package may contain different versions of the software. In this case, you must treat them as a single copy of the Software and you may use only the version appropriate for your single designated computer. You may not use the other versions on another computer, nor may you loan, rent, lease or transfer them to another user except as expressly permitted by this Agreement.
(b) Right to Copy
You may copy the Software for back-up and archival purposes, provided that the original and each copy is kept in your possession, and that your installation and use of the Software does not exceed that allowed in Clause 3 (a) above.
(c) Right to Transfer
You may not rent, lend, or lease this Software. However, you may transfer this licence to use the Software to another party on a permanent basis by transferring this copy of the licence agreement, at least one unaltered copy of the Software, and all documentation. You must, at the same time, either transfer to the other party or destroy all your other copies of the Software. Such transfer of possession terminates your licence from us. Such other party shall be licensed under the terms of this Agreement upon its acceptance of this Agreement by its initial use of the Software. If you transfer the Software, you must remove the Software from your hard disk and you may retain any copies of the Software for your own use.
4. Prohibited Uses
You may not, without written permission from us:
(a) Use, store, copy, modify, merge, or transfer copies of the Software or documentation except as provided in his Agreement;
(b) Use any back-up or archival copies of the Software (or allow anyone else to use such copies) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective;
(c) Disassemble, decompile or "unlock" reverse translate, or in any manner decode the Software for any reason;
(d) Sublicense, lease, or rent the Software or
(e) Create scandalous, obscene or immoral works using the computer images included with or created using the Product.
5. Limited Warranty.
We make the following limited warranties, for a period of 90 days from the date you acquired the Software from us or our authorised dealer:
(a) Media.
The disks and documentation in this package will be free from defects in materials and workmanship under normal use. If the disks or documentation fail to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective disk or documentation to us with a date proof of purchase.
(b) Software.
The Software in this package will materially conform to the documentation that accompanies it. If the Software fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the Software and the documentation to the authorised dealer from whom you acquired it, along with a dated proof of purchase, specifying the problem, and we will provide you with a new version of the Software or a full refund at our election.
(c) WARRANTY DISCLAIMER. WE DO NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. WE EXCLUDE AND EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES NOT STATED HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY. OUR LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES, AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.
7. United States Government Restricted Rights.
The enclosed Software and documentation are provided with Restricted Rights. Use, duplication or disclosure by the US Government or any agency or instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 C.F.R. 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Software - Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable. Contractor/Manufacturer is Datapath Limited at Alfreton Road, Derby, England. DE21 4AD.
8. Export Controls.
You agree that you will not directly or indirectly transfer the Software or documentation to any country to which such transfer would be prohibited by the US Export Administration Act and the regulations issued thereunder.
9. Termination.
This license and your right to use this Software automatically terminate if you fail to comply with any provisions of this Agreement, destroy the copies of the Software in your possession, or voluntarily return the Software to us. Upon termination you will destroy all copies of the Software and documentation. Otherwise, the restrictions on your rights to use the Software will expire upon expiration of the copyright to the Software.
10. Miscellaneous Provisions.
This Agreement will be governed by and construed in accordance with the substantive laws of England. This is the entire agreement between us relating to the contents of this package, and supersedes any prior purchase order, communications, advertising or representations concerning the contents of this package. No change or modification of this Agreement will be valid unless it is in writing, and is signed by us.
Canadian Transactions:
If you acquired this Software in Canada, you agree to the following:
The parties hereto have expressly required that the present Agreement and its Exhibits be drawn up
in the English language. / Les parties aux presentes ont expressement exige que la presente convention et ses Annexes soient redigees en langue anglaise.
If you have any questions about this Agreement, write to us at:
Datapath Limited, Alfreton Road, Derby, DE21 4AD England, or call us on Tel: +44 (0) 1332 294441 Fax: +44 (0) 1332 290667 email:sales@datapath.co.uk. or sales@realimation.com
You may download updates from our WEB/FTP site on ftp.realimation.com or www.realimation.com
