License Agreement

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE.  BY  USING THE SOFTWARE  YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE  TERMS OF THIS LICENSE, PROMPTLY RETURN THE  UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.

DssW Power Manager Software License Agreement

Notice To User: This is a contract between you and Dragon Systems Software Limited ("DssW"), a company incorporated under the laws of the United Kingdom, by installing and using this Product (the Software) you accept all the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, cease to use the Product and remove it from your Computer Systems.

This is a licence agreement and not an agreement for sale. DssW continues to own the copy of the Product and any other copy that you are authorised to make pursuant to this Agreement.

This licence accompanies software ("Software") and related explanatory materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by DssW. DssW grants you a non-exclusive licence to use the Software and Documentation, provided that you agree to the following:

1. Use of the Software. You may -

i. Install the Software in a single computer up to the number of Licensed Seats that you own.
ii. Provided the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes:
(a) permanent installation onto a computer of up to the Seats stated by your Licences; or
(b) use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the number of Seats stated by your Licences you own. For example, if there are 50 computers connected to the server, with no more than 10 computers ever using the Software at the same time, but the Software will be used on 20 different computers at various times, the number of Licensed Seats for which you need is 20.
iii. Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
iv. If you do not own a Licence for the Software, you may use a Demonstration of the Software for a maximum period of thirty (30) days, after which time you no longer have a Licence to use the Software, and all copies thereof, including copies installed on computers, must be destroyed.
v. If you own Academic Licences of any kind, you may only use the Software within academic institutions and for non commercial purposes only.
vi. If you own a Site, Organisation or Location based Licence of any kind, you may install and use the Software in any computer within the Licensed Site or Organisation. DssW must be, on request, promptly provided with geographic limits of the physical location covered by any Site or Organisation Licence.
vii. Not for Resale Software. If the Software is labeled “Not For Resale” or “NFR”, then, notwithstanding other sections of this Agreement, your use of the Software is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the Product.

THE SOFTWARE IS NOT INTENDED FOR USE IN FACILITIES OR ENVIRONMENTS IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

2. Copyright.

The Software is the intellectual property of DssW and its suppliers and is protected by United Kingdom copyright law, international treaty provisions, and applicable laws of the country in which it is being used. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.

3. Ownership.

The Software and documentation are licensed, not sold, to you for use only under terms of this Licence. DssW reserves all rights not expressly granted to you in the Licence. DssW and/or DssW's licensors retain title to the Software and related documentation and all intellectual property rights therein. This agreement does not grant you any intellectual property rights.

3. Transfer.

You may not rent, lease, sub license, transfer or lend DssW Licences. You may not distribute the Software or Documentation without explicit permission from DssW.

4. Upgrades.

If you acquire an upgrade or update for the Software, you may use the previous version for ninety (90) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a Licence to use the previous version, and all copies thereof, including copies installed on computers, must be destroyed.

5. Limited Warranty.

DssW warrants to you that the Software will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt of the Software. To make a warranty claim, you must contact DssW within the thirty (30) day period for further instructions. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability of DssW and its suppliers, and exclusive remedy shall be limited to either, at DssW's option, the replacement of the Software or the refund of the Licence fee you paid for the Software. Where a fee is refunded, DssW may decide the method of returning the fee.

DssW and its suppliers do not and cannot warrant the performance or results you may obtain by using the Software or Documentation. The foregoing states that the sole and exclusive remedies for DssW's or its suppliers' breach of the warranty. Except for the foregoing limited warranty, and for any warranty which cannot be excluded or limited by compulsory law in the United Kingdom, DssW and its suppliers make no warranties or conditions, express or implied, as to the non infringement of third party rights, merchantability, satisfactory quality or fitness for any particular purpose. In no event will DssW or its suppliers be liable to you for any damages whatsoever (including, without limitation consequential, incidental, or special damages, including any lost profits or lost savings) arising out of the use or inability to use the Software even if a DssW representative has been advised of the possibility of such damages, or for any claim by third party. Where liability cannot be legally excluded, but it may be limited, DssW's liability and that of its suppliers shall be limited to the amount paid for the Licences.

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.

6. Governing Law and General Provisions.

This Agreement shall be governed by and construed in accordance with the laws of England, United Kingdom whose courts shall have jurisdiction over all disputes relating to the Agreement.

This is the entire agreement between DssW and you relating to the Product and it supersedes any prior representations, discussions, undertakings, end user licence agreements, communications or advertising relating to the Product.

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This agreement will automatically terminate upon failure by you to comply with its terms. This shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified in writing signed by an authorised officer of DssW.

Unpublished-rights reserved under the copyright laws of the United Kingdom. Dragon Systems Software Limited, 3rd Floor Suite, 41-43 Broad Street, Hereford, Herefordshire, HR4 9AR, United Kingdom.

If you have any questions concerning this agreement, please do not hesitate to contact DssW by e-mail <support@dssw.co.uk> or write to:

 Dragon Systems Software Limited, 3rd Floor Suite, 41-43 Broad Street, Hereford, Herefordshire, HR4 9AR, United Kingdom or fax +44 (0) 870 1640068.

(May 2005)