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README.LIC
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1995-10-13
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_______________________________________________________________________
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_______________________________________________________________________
LICENCE CONDITIONS
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Subject to the following terms and conditions, JBA Software Products
(Ireland) Limited ("JBA") grants to you ("the User") a non-exclusive
non-transferable licence to use The Software product contained on the
media referred to by its product name "GUIDELINES", ("The Software") and
related manuals ("Documentation").
1. Scope of licence
1.1 The Software may only be used by the User to whom JBA has
directly supplied The Software.
1.2 This licence allows the User to install and use The Software solely
on a single computer processor or the specified computer processors
noted in writing on the Documentation accompanying this Software.
The User shall only install and use The Software on the number of
processors for which it is licensed, and no part of The Software shall
be reproduced or loaded into, transmitted to or used on any other
processor with the exception of runtime DLLs as listed in the
documentation.
1.3 The Software shall not be transferred, sold, assigned, leased,
rented or charged or otherwise dealt with by the User to any other
party without the prior written consent of JBA.
1.4 The User may not grant sub-licences, leases, or other rights in
The Software to others.
1.5 The User shall not alter or vary the software nor modify, merge
or combine the software or documentation with any other software
or documentation.
1.6 The User shall not copy the whole or part of The Software and/or
the documentation save as expressly permitted herein.
1.7 The User shall not reverse compile the whole or any part of
The Software from object code into source code.
1.8 The right to use provided under this licence will terminate
immediately upon breach of any condition herein. Upon termination,
the User shall immediately destroy or return to JBA all copies of
The Software and Documentation in their possession and confirm
this in writing to JBA.
2. JBA Software Rights.
The Software and Documentation is the exclusive property of JBA and
as such JBA shall, at all times, reserve copyright and other rights,
title and interest in The Software and Documentation. The User acquires
only the non-exclusive, non-transferable right to use The Software and does
not acquire any rights of ownership in The Software, the Documentation
or the media upon which The Software is embodied. This licence is not
a sale of The Software.
3. Non Disclosure; Copies; Alteration
3.1 The User agrees not to cause or permit the reverse engineering,
disassembly, copying or decompilation of The Software. The User may
copy The Software only for the purpose of making the permitted number
of installations. In the absence of any written instruction to the
contrary, the permitted number of installations shall be one (1) and
the User may not copy or allow others to copy The Software for any
other purpose. The User agrees not to remove or alter any product
identification, copyright notices, labels or other notices or
proprietary restrictions from The Software or Documentation. The User
agrees not to photocopy or otherwise reproduce any part of the
Documentation or other printed material provided with or in relation
to The Software.
3.2 Information necessary to achieve interoperability of The Software with
other programs within the meaning of section 50B of the Copyright
Designs and Patents act 1988 and the directive of the council of the
European communities on the legal protection of computer programs is
available from JBA.
3.3 As licencee, the User agrees to use its best endeavours to protect The
Software and the Documentation from unauthorised use, reproduction,
distribution or publication and the User agrees to indemnify JBA
against any loss or damage which JBA may incur as a result of failing
to comply with any of the aforesaid conditions.
4. Limited Warranty
4.1 JBA warrant for a period of 90 days from the date that you receive
notice of these terms that the materials of both the product media and
Documentation are not defective and that The Software is properly
recorded on the media. If either the media (such as diskette) or the
Documentation is physically defective, JBA will replace the same
free of charge during the 90 day warranty period. JBA's entire
liability and the Users exclusive remedy for a breach of this limited
warranty shall be the replacement of any defective software or
documentation. To obtain replacement of the software or documentation
in such circumstances please send to JBA:
(i) The name and address of the User
(ii) Your dated proof of purchase (if applicable)
(iii) The disk or other media on which the software is contained
The User must either insure any defective item being returned to JBA
or assume the risk of loss or damage in transit. Please note that
this limited warranty does not cover any material that has been lost,
stolen or damaged by accident, misuse or unauthorised modification.
In no event will the liability of JBA for any damages to the User or
any third party exceed the fee (if any) paid for the use of the
software. Nothing contained herein affects or is intended to affect
the statutory rights of a consumer who purchases the software and the
documentation otherwise in the course of a business.
4.2 JBA warrants that it has the right to licence The Software and the
documentation and JBA will defend any claim that the licensed use of
the same infringes any patent or copyright, providing JBA is promptly
notified in writing of such a claim and JBA is given sole control for
the defence thereof and all related settlement negotiations relating
thereto. JBA accept no liability for a patent or copyright claim
arising from or based upon the alteration or modification of The
Software and the documentation.
4.3 Other than as specifically stated above,
JBA MAKES NO WARRANTY OR REPRESENTATION EITHER EXPRESSED OR IMPLIED
AND SPECIFICALLY DENIES ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE WITH RESPECT TO The Software AND Documentation.
JBA does not warrant that there are no discrepancies between The
Software and Documentation, nor that errors cannot arise during the
use of The Software.
4.4 No JBA employee, Associate, affiliate or agent is authorised to make
any modification or addition to this warranty.
5. Limitation of Liability
IN NO EVENT SHALL JBA (SAVE IN RESPECT OF DEATH OR PERSONAL INJURY ARISING
OUT OF ITS NEGLIGENCE) BE LIABLE FOR ANY DAMAGES HOWSOEVER ARISING,
INCLUDING BUT NOT LIMITED TO ECONOMIC COSTS, LOSS OF REVENUE OR PROFITS,
INDIRECT COSTS, CONSEQUENTIAL LOSS, GOODWILL OR RELATED DAMAGES.
6. General
This agreement shall be governed by the laws of England and is subject to
the jurisdiction of the English courts. The User has read this agreement,
understands it, and agrees to be bound by its terms.
_________________________________________________________________________
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