This is a legal agreement between you, the end user, and ICL Software Technologies Limited (hereinafter "ICL"). This LICENSE AGREEMENT applies to the software program(s) identified elsewhere on this screen (hereinafter SOFTWARE) and all material included with it (hereinafter ACCOMPANYING MATERIAL) that you, the end user, are now taking into use.
IMPORTANT - READ CAREFULLY: BY CLICKING ON THE "OK" BUTTON AND DOWNLOADING A GRATUITOUS COPY OF THE PREVIEW VERSION IN OBJECT CODE FORM OF THE SOFTWARE AND ACCOMPANYING MATERIAL, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THEM, CLICK THE "Cancel" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
1. GRANT OF LICENSE - ICL grants you a limited , personal, non-exclusive, non-transferable, non-sub-licensable, royalty-free license to download and use one copy of the SOFTWARE on your computer system for evaluation and trial purposes only (hereinafter AUTHORIZED USE). To assist you in using the SOFTWARE, you may either (a) make one copy of the SOFTWARE solely for archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided that you keep the original solely for archival purposes. You must include all copyright notices on the archival copy. You may not use, copy, modify, or transfer your right to use the SOFTWARE or ACCOMPANYING MATERIAL , or any copy of either, except as expressly provided in this LICENSE AGREEMENT. All rights not expressly granted are reserved by ICL or its suppliers.
2. COPYRIGHT - The SOFTWARE and all copyright and other rights in it are owned by ICL or its suppliers and are protected by international treaty provisions and all other applicable national laws.
3. TERMINATION OF LICENSE - This LICENSE AGREEMENT shall terminate 30 days following download of the SOFTWARE by you unless you have within the 30 day period placed an order on ICL for the fully functional version of the SOFTWARE. You may terminate this LICENSE AGREEMENT at any time by destroying the SOFTWARE, archival copy and ACCOMPANYING MATERIAL. ICL may terminate this LICENSE AGREEMENT if you fail to comply with its terms and conditions and upon such termination you shall destroy the SOFTWARE, archival copy and ACCOMPANYING MATERIAL. The provisions of Clauses 2 and 6 shall survive termination of this LICENCE AGREEMENT.
4. OTHER RESTRICTIONS - Export is subject to the requirements and restrictions of applicable laws and regulations, including but not limited to Export Administration Regulations of the United States of America. You may not reverse engineer, decompile or disassemble the SOFTWARE, except to the extent such acts may not be prohibited by law in the country of use. You may not modify the SOFTWARE or merge it into another program unless in support of your AUTHORIZED USE.
5. DISCLAIMER OF WARRANTY - You acknowledge that ICL is making the SOFTWARE available to you gratuitously. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICL FURTHER DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. THERE IS NO WARRANTY BY ICL OR ANY OTHER PARTY OR PERSON THAT THE FUNCTION CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE AGREEMENT.
6. CUSTOMER REMEDIES - THE ENTIRE RISK ARISING OUT OF THE USE, PERFORMANCE, NON-PERFORMANCE, OR QUALITY OF THE SOFTWARE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR BODILY INJURY OR DEATH, IN NO EVENT SHALL ICL OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS DATA OR INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS LICENSE AGREEMENT, OR THE USE OF OR INABILITY TO USE THE SOFTWARE.
7. FULLY FUNCTIONAL SOFTWARE - If you wish to be licensed to use the fully functional version of the SOFTWARE you must notify ICL within 30 days of downloading the SOFTWARE. ICL will, upon such notification, and upon payment by you of the relevant license fee, issue you with a license to use, and the mechanism to access, the fully functional version of the SOFTWARE. Maintenance and support services for the fully functional version of the SOFTWARE will be available to you at a price and upon terms and conditions to be advised to you at the time of such notification.
8. MISCELLANEOUS - This LICENSE AGREEMENT constitutes the complete and exclusive agreement between ICL and you with respect to the subject matter hereof, and supersedes all prior written or oral understandings, communications or agreements not specifically incorporated herein.
This LICENSE AGREEMENT is governed by the laws of England. Should you have any questions concerning this LICENSE AGREEMENT, please write to ICL at 1 High Street, Putney, London SW1 1SW.
