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License.txt
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1998-06-22
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ICL SOFTWARE LICENCE
This Licence constitutes an agreement between you (the end user) and International Computers
Limited (hereinafter "ICL"). This Licence applies to the copy of the ICL software programs (comprising
launcher, installer, registration wizard, ICL FTP and ICL Ping programs, hereinafter "Software") that
you are now taking into use.
You should read these terms carefully. By installing or using the Software, you agree to be bound by
these Terms and Conditions. If these Terms and Conditions are not accepted in full, you are not
authorised to use the Software.
1. GRANT OF LICENCE
ICL grants you the right to have one user of the Software on a single computer or terminal at a time
(hereinafter "Authorised Use"). You may use upgrade Software only to replace or enhance your earlier
licensed version of the Software. You may not use, copy, modify, adapt, translate, reverse engineer,
decompile or disassemble the Software, except as permitted hereunder or to the extent such acts may
not be prohibited by law in the country of use or create derivative works based on the Software. All
rights not expressly granted are reserved by ICL or its licensors.
2. COPYRIGHT
The Software and all copyright and other rights in it are owned by ICL or its licensors.
3. TERMINATION OF LICENCE
You may terminate this Licence at any time by destroying the Software and archival copy. ICL may
terminate this Licence if you fail to comply with its terms and conditions. Upon such termination you
shall destroy the Software and archival copy and confirm to ICL in writing that you have done so.
4. OTHER RESTRICTIONS
You acknowledge that this Licence is personal to you and neither this Licence nor the Software may
be transferred, sub-licensed or otherwise assigned. Any export of the Software is subject to the
requirements and restrictions of applicable laws and regulations, including but not limited to the Export
Administration Regulations of the United States of America. You may configure the Software for your
own use provided it is in support of your Authorised Use.
5. LIMITED WARRANTY
ICL warrants that the Software will perform with normal use substantially in accordance with the
accompanying material for a period of ninety (90) days from the date of receipt. This warranty is void
if failure of the Software has resulted from accident or misuse. Any replacement of the Software will
be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
6. END USER REMEDIES
ICL's entire liability and your exclusive remedy in the event that a valid claim is made by you to ICL
within the terms of the aforesaid warranty shall be either the return of the price paid by you for the
licence of the Software (if any) or, at ICL's option, the repair or replacement of the Software.
7. NO OTHER WARRANTIES
ICL AND ITS LICENSORS DISCLAIM ALL OTHER CONDITIONS OR WARRANTIES EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE WHICH ARE HEREBY EXPRESSLY EXCLUDED TO THE
EXTENT PERMITTED BY LAW. FOR THE AVOIDANCE OF DOUBT, NEITHER ICL NOR ITS
LICENSORS WARRANT THE QUALITY OR ACCURACY OF ANY INFORMATION OR
DOCUMENTATION RESULTING FROM OR TRANSMITTED USING THE SOFTWARE. THERE IS
NO WARRANTY BY ICL OR ANY OTHER PARTY OR PERSON THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME
ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
NEITHER ICL NOR ITS LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL OR
CONSEQUENTIAL LOSS, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS,
LOSS OF USE, LOSS OF CONTRACTS, ANTICIPATED SAVINGS OR FOR ANY ECONOMIC OR
FINANCIAL LOSS WHATSOEVER AND HOWSOEVER SUFFERED, EVEN IF ICL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of
England and Wales and any disputes shall be exclusively subject to the jurisdiction of the courts of
England and Wales.
_______________________________________________________
Date : 19 June 1998