CD Action 4/cdactioncoverdisc/koannp32/liceknpw.txt

Text File | 1996-03-12 | 7KB | 143 lines

SSEYO Licence Agreement for Koan Web and Koan Plugin for Netscape

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.

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.