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- 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 MAY, WITHIN FIFTEEN
- (15) DAYS, RETURN THE SOFTWARE UNUSED TO THE PERSON FROM WHOM YOU
- ACQUIRED IT FOR A FULL REFUND.
-
- SSEYO 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 license gives you the non-exclusive, non-sublicensable,
- non-transferable right to use the Software on the following terms:
-
- B. YOU MAY
- 1. Use one copy of the Software (and where the package may contain more
- than one copy of the Software i.e. 16 bit version and 32 bit version,
- you may use only one copy) on a single computer, 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. Where your version of the Software permits it and where not in
- conflict with Clause C7 record the output of the Software to MIDI or
- audio file without any of the rights in the recorded material reverting
- to SSEYO, subject always to any rights to the recordings owned by the
- authors of any source material used.
- 4. Use the Software for live public performances where the Software is
- one of the range of purchaseable SSEYO Koan authoring tools and where
- you are the sole performer or one of a recognised small band of
- performers each having their own legitimate licensed version using the
- Software to give a performance to an audience where the performances may
- include situations where the output of the Software is influenced or
- affected by sensors, sensor input or other external input originated
- solely through the actions of the performers themselves or is directly
- controlled by another software program in turn controlled solely through
- the actions of the performers themselves. In any event, this license
- strictly prohibits the use of the Software in a live public performance
- or sound environment where an audience, the public or the environment in
- any way influences or affects the output of the Software directly or
- indirectly other than as directed through the actions of a sole
- performer or recognised small band of performers and for any such use an
- appropriate SSEYO performance license will be required.
- 5. Under the Supplementary Content License section below, if present,
- use specifically identified components of the Software in the manner
- stated therein.
-
- 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. Except as governed by Clause B4 use the Software for or in
- connection with any public performance, live broadcast or time delayed
- live broadcast without an appropriate SSEYO performance license.
- 7. Make any recordings of a SSEYO Koan piece where the original piece
- author has NOT authorised recordings of their piece or components of
- that piece.
- 8. Redistribute any Koan piece or components of that piece in a format
- editable by Koan X or Koan Pro or any other Koan authoring tool where
- the copyright holder of the piece or components of that piece has not
- authorised such redistribution.
- 9. Distribute the Software or any part of it on a public bulletin
- board, ftp site, world wide web site or by any other means.
- 10. Where the Software contains any Redistributable Code listed under a
- directory named "REDIST" use the Redistributable Code other than with
- Microsoft Operating System products.
-
- 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 License 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 ANY EXPRESS OR
- IMPLIED WARRANTIES WHATSOEVER, INCLUDING WARRANTIES OF SATISFACTORY
- QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
-
- WHERE THIS SOFTWARE IS PROVIDED GRATUITOUSLY SSEYO SHALL NOT BE LIABLE
- UNDER ANY THEORY OF LAW OR FOR 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 THIRD 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 License is effective until terminated. Failure to comply with any
- provisions of this License, will result in automatic termination of this
- License and may result in legal action. SSEYO may terminate this
- License at any time by delivering notice to you and you may terminate
- this License 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 License will survive: C7,D,E and F. This License 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 where applicable.
- You agree to abide by international copyright law.
-
- Subject always to Clause C9 of this Agreement, where the Software
- contains any Redistributable Code listed under a directory named
- "REDIST" the Recipient acknowledges that the Redistributable Code is
- subject to the export control laws and regulations of the U.S.A., and
- any amendments thereof. Recipient confirms that with respect to the
- Software, it will not export or re-export it, directly or indirectly,
- either to (i) any countries that are subject to U.S.A. export
- restrictions (currently including but not necessarily limited to, Cuba,
- the Federal Republic of Yugoslavia (Serbia and Montenegro), Haiti, Iran,
- Libya, North Korea, and Syria); (ii) any end user who Recipient knows or
- has reason to know will utilize them in the design, development or
- production of nuclear, chemical or biological weapons; or (iii) any end
- user who has been prohibited from participating in the U.S.A. export
- transactions by any federal agency of the U.S.A. government. Recipient
- further acknowledges that the Software may include technical data
- subject to export and re-export restrictions imposed by U.S.A. 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 either registered trademarks or
- trademarks of SSEYO Ltd. in the UK and/or other countries. Microsoft
- is a registered trademark of Microsoft Corporation.
-
- IF YOU HAVE ANY QUESTIONS ABOUT THIS LICENCE OR THIS LIMITED WARRANTY,
- PLEASE WRITE TO OUR CUSTOMER SERVICE DEPARTMENT AT SSEYO LIMITED, WEIR
- BANK, MONKEY ISLAND LANE, BRAY, BERKS, SL6 2ED, UK.
-
- =======================================================================
-
- SUPPLEMENTARY CONTENT LICENSE
-
- For the files specifically identified below as adaptable files
- (Adaptable Files), templates (Templates) or digital audio samples
- (Digital Audio Samples), which are all installed components of the
- Software and which are subject to the terms of the SSEYO Software
- License above, you may if you are the original purchaser of the Software
- additionally:
-
- A) For Adaptable Files:
-
- 1) Modify, alter, translate or create derivative works based on the
- Adaptable Files for redistribution, resale or use on your website.
-
-
- B) For Templates:
-
- 1) Modify except as to copyright information or any protected parameters
- and combine the Templates, modified or not, with other Templates within
- your own original compositions (Original Compositions).
-
- 2) Provided always that such Original Compositions are not designed or
- intended to facilitate or cause a breach of this License by any other
- user
- a) Distribute but not sell except in SSEYO Koan Play (SKP) format
- such Original Compositions to an end user;
- b) Use but not sell except as in SSEYO Koan Play (SKP) format such
- Original Compositions on your website.
-
-
- C) For Digital Audio Samples:
-
- 1) Within your own original compositions (Original Compositions) use
- on your website but not sell or distribute on your website the Digital
- Audio Samples or components thereof provided always that such Original
- Compositions are not designed or intended to facilitate or cause a
- breach of this License by any other user.
-
- 2) Use the Digital Audio Samples within recorded music compositions
- provided they are combined with other sounds.
-
- Adaptable Files
- ---------------
- None
-
- Templates
- ---------
- None
-
- Digital Audio Samples
- ---------------------
- None
-
- Copyright (C) 1998 SSEYO Limited. All rights reserved.
-