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- HiSOFT License Agreement for Soundprobe 2
-
- NOTICE TO USER
-
- WITH THE INSTALLATION OF SOUNDPROBE 2 A CONTRACT IS
- CONCLUDED BETWEEN YOU AND HiSOFT UK, IN THE
- FOLLOWING CALLED THE LICENSOR, A COMPANY UNDER
- ENGLISH LAW WITH RESIDENCE IN GREENFIELD, UK.
- YOU AND THE USER REFERS TO THE LICENSEE.
- WHEREAS BY INDICATING YOUR ACCEPTANCE BELOW,
- YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
- AGREEMENT. IN THE CASE OF NON-ACCEPTANCE OF THIS
- LICENSE YOU ARE NOT PERMITTED TO INSTALL
- THE SOFTWARE.
- IF YOU DO NOT ACCEPT THIS LICENSE PLEASE SEND THE
- SOFTWARE TOGETHER WITH THE DOCUMENTATION TO
- HISOFT OR TO THE SUPPLIER WHERE YOU BOUGHT
- THE SOFTWARE OR DELETE IT FROM YOUR SYSTEM.
-
- 1. General
- Under this contract the licensor grants to you a non-exclusive
- license to use Soundprobe 2, which is software and documentation,
- in the following called the ╙software╥. The software itself as
- well as the copy of the software or any other copy you are
- authorized to make under this contract remain the property of
- the licensor.
-
- 2. Use of the Software
- (1) The user of this license is authorized to copy the software
- as far as the copy is necessary to use the software. Necessary
- copies are the installation of the program from the original
- disk to the mass storage medium of your hardware as well as
- the loading of the program into RAM.
- (2) Furthermore the user is entitled to make a backup copy.
- However only one backup copy may be made and kept in store.
- This backup copy must be identified as a backup copy of the
- licensed software.
- (3) Further copies ARE NOT ALLOWED; this
- also covers the making of a hard copy of the program code on
- a printer as well as copies, in any form, of the documentation.
-
- 3. Multiple use and network operation
- (1) The user may use the software on any hardware available to
- him. However, should the user change the hardware he is obliged
- to delete the software from the mass storage medium of the
- hardware used up to then. A simultaneous installation or use on
- more than one hardware IS NOT ALLOWED.
- (2) The use of the licensed software for network operation or
- other client server systems is prohibited if this opens the
- possibility of simultaneous multiple use of the software. In the
- case that the user intends to use the software in network
- operation or other client server system he has to take care
- that a multiple use is not possible by employing the necessary
- access security or otherwise the user has to pay to the licensor
- a special network license fee, the amount of which is determined
- by the number of users admitted to the network.
- (3) The license fee for networks will be communicated to the
- licensee by the licensor immediately after the user has indicated
- the number of admitted users in writing. The correct address of
- the licensor is given in the manual and also at the end of this
- contract. The network use may start only after the pertaining
- license fee is completely paid.
-
- 4. Transfer
- (1) You may not rent, lease, sublicense or lend the software or
- documentation. You may, however, transfer all your rights to use
- the software to another person or legal entity provided that you
- transfer this agreement, the software, including all copies,
- updates or prior versions as well as all copies of the font
- software converted to other formats and all documentation to
- such person or entity and that you retain no copies, including
- copies stored on a computer and that the other person agrees that
- the terms of this agreement remain valid and that his acceptance
- is communicated to the licensor.
- (2) The user is obliged to carefully store the terms of the
- agreement. Prior to the transfer of the software the user has to
- inform the new user of these terms. In case the user does not have
- the terms at hand at the time of the transfer of the software, he
- is obliged to request a second copy from the licensor, the cost of
- which is born by the licensee.
- (3) In case of transfer the license of the former user expires.
-
- 5. Recompilation and changes of the software
- (1) The recompilation of the provided program code in other code
- forms as well as all other types of reverse engineering of the
- different phases of software production including any alterations
- of the software are not allowed.
- (2) The removal of the security against copy or similar safety
- systems is only permitted if a faultless performance of the
- software is impaired or hindered by such security. The burden of
- proof for the fact that the performance of the program is impaired
- or hindered by the security device rests with the user.
- (3) Copyright notices, serial numbers or other identifications of
- the software may not be removed or changed. The software is owned
- by the licensor and its structure, organization and code are the
- valuable trade secrets of the licensor. It is also protected by
- United States Copyright and International Treaty provisions. Except
- as stated above, this agreement does not grant you any intellectual
- property rights on the software.
-
- 6. Limited warranty
- (1) The parties hereto agree, that at present it is not possible
- to develop and produce software in such a way that it is fit for
- any conditions of use without problems. The licensor warrants that
- the software will perform substantially in accordance with the
- documentation. The licensor does not warrant that the software and
- the documentation comply with certain requirements and purposes of
- the user or works together with other software used by the licensee.
- The user is obliged to check the software and the documentation
- carefully immediately upon receipt and has to inform the licensor
- in writing of apparent defects 14 days after receipt. Latent defects
- have to be communicated in the same manner immediately after their
- discovery. Otherwise the software and documentation are considered
- to be faultless. The defects, in particular the symptoms that
- occurred, are to be described in detail in as much as the user is
- able to do so. The warranty is granted for a period of 6 months from
- delivery of the software (for the date of which the date of the
- purchase according to the invoice is decisive, respectively in
- case of shipment by the licensor the date of the invoice). The
- licensor is free to cure the defects by free repair or provision
- of a faultless update.
- The licensor and its suppliers do not and cannot warrant the
- performance and the results you may obtain by using the software
- or documentation. The foregoing states the sole and exclusive remedies
- for the licensor's or its suppliers' breach of warranty, except for
- the foregoing limited warranty. The licensor and its suppliers make
- no warranties, express or implied, as to noninfringement of third
- party rights, merchantability, or fitness for any particular purpose.
- In no event will the licensor or its suppliers be liable for any
- consequential, incidental or special damages, including any lost
- profits or lost savings, even if a representative of licensor has
- been advised of the possibility of such damages or for any claim
- by any third party.
- If the licensor is unable to repair or replace the program in such
- way that it fulfils this agreement, the user is entitled to withdraw
- from the agreement or is entitled to a reduction in the license fee.
- If the creation of a program in the sense of this agreement is not
- possible with reasonable effort and within a reasonable time, the
- licensor is entitled to withdraw from the agreement.
- (2) In the case of enforcement of guarantee by the user, the user
- is obliged to return the program and manuals together with proof
- of purchase. The cost of the return is to be borne by the licensor.
- (3) The licensor accepts no liability should the software infringe
- third-party rights unless the infringement was caused by gross
- negligence or is shown to be culpable. In this case only, the licensor
- will excuse the user from any possible costs for the judicial defence
- of the enforcement of copyrights and damages by the third party.
- Some states or jurisdictions do not allow the exclusion or limitation
- of incidental, consequential or special damages, or the exclusion of
- implied warranties or limitations on how long an implied warranty may
- last, so the above limitations may not apply to you. In this case a
- special limited warranty is attached as exhibit to this agreement,
- which becomes part of this agreement. To the extent permissible,
- any implied warranties are limited to 6 months. This warranty gives
- you specific legal rights. You may have other rights which vary from
- state to state or jurisdiction to jurisdiction. In the case that no
- special warranty is attached to your contract please contact the
- licensor for further warranty information.
-
- 7. Damage in transit
- The user is obliged to immediately inform the transport agent in
- writing of any eventual damages in transit and has to provide the
- licensor with a copy of said correspondence, since all transportation
- is insured by the licensor if shipment was procured by him.
-
- 8. Secrecy
- The user is obliged to take careful measures to protect the programs
- and their documentation, in particular the serial number, from access
- by third parties. The user is not permitted to duplicate or pass on
- the programs or documentation. These obligations apply equally to the
- user's employees or other persons engaged by the user to operate the
- programs. The user will pass on these obligations to such persons. The
- user is liable for damages in all instances where these obligations
- have not been met.
-
- 9. Information
- In case of transfer of the software the user is obliged to inform the
- licensor of the name and full address of the transferee in writing.
- The address of the licensor is stated in the manual and at the end
- of this contract.
-
- 10. Data Protection
- For the purpose of customer registration and control of proper use
- of the programs licensor will store personal data of the users in
- accordance with the UK law on Data Protection. This data may only
- be used for the above-mentioned purposes and will not be accessible
- to third parties. Upon request of the user the licensor will at any
- time inform the user of the data stored with regard to him.
-
- 11. Other
- (1) This contract includes all rights and obligations of the
- parties. There are no other agreements. Any changes or alterations
- of this agreement have to be performed in writing with reference to
- this agreement and have to be signed by both contracting parties. This
- also applies to the agreement on abolition of the written form.
- (2) This agreement is governed by English law. This agreement will
- not be governed by the United Nations Convention on Contracts for
- the International Sale of Goods, the application of which is
- expressly excluded.
- (3) 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.
-
- 12. Termination
- This agreement shall automatically terminate upon failure by you
- to comply with its terms despite being given an additional period
- to do so. In case of termination due to the aforementioned reason,
- user is obliged to return the program and all documentation to
- licensor. Furthermore, upon request of licensor user has to submit
- written declaration that he is not in possession of any copy of
- the program on data storage devices or on the computer itself.
-
- 13. Information and Notices
- Should you have any questions concerning this agreement or if
- you desire to contact HiSOFT for any reason and for all
- notifications to be performed under this agreement,
- please write to:
-
- HiSOFT
- The Old School
- Greenfield
- Bedford
- MK45 5DE
- UK
-
-