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- SOFTWARE LICENCE AGREEMENT FOR REALIVIEW AND REALISAVE
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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
- compatible computer that you own.
- (b) Right to Copy
- You may copy the Software for FREE distribution provided you reproduce our
- copyright notice on each copy; and that you do NOT distribute the Software
- for monetary gain or as individual components. For clarity this means that
- if you distribute or redistribute the Software then it must be distributed
- or redistributed in its entirety, i.e. as a complete package and including
- this license agreement. The right to copy the Software is limited to the
- extent that it is only used for the purpose for which it is originally
- intended.
- (c) Right to Modify
- You may neither modify the Software nor merge it into another computer
- program.
- (d) Right to Transfer
- You may not sell, 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. 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.
- (e) 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 follows:
- RealiView is a RealiMation Virtual World viewer and interactor.
- RealiSave is a RealiMation Virtual World screen saver.
-
- 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); or
- (d) Sublicense, sell, lease, or rent the Software.
-
- 5. Limited Warranty
- We make the following limited warranties, for a period of 30 days from the date
- you acquired the Software from us, or from 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 and States of the United States
- of America 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 - Non US users only
- (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. 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.
-
- 9. Export Controls - Non United States Users
- 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.
-
- Export Controls - United States Users
- 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.
-
- 10. 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(d).
- (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.
-
- 11. 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.
-
- 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@realimation.com. or sales@datapath.co.uk
- You may download updates and new RealiBases from our WEB/FTP site on
- ftp.realimation.com or www.realimation.com
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