Cortege distribution permissions and end-user license agreement
Cortege® Software License Agreement IT IS IMPORTANT THAT YOU READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. The computer software product Cortege®, including any accompanying explanatory written materials (the Software), should only be installed or used by the Licensee (you) on the condition that you agree with Software Magic Limited (SOFTWARE MAGIC) to the terms and conditions set out in this Agreement. The term Software shall include the software components, media, all copies made by you and any upgrades, modified versions, updates, additions and copies of the Software licensed to you by SOFTWARE MAGIC or its suppliers. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SOFTWARE MAGIC. BY DOWNLOADING THE SOFTWARE OR OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING THE I ACCEPT BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE I DO NOT ACCEPT BUTTON, AND MAKE NO FURTHER USE OF THE SOFTWARE.1.License SOFTWARE MAGIC and its suppliers grant you a personal, non-exclusive, royalty-free, non-sub licensable license to install and use the Software on any single computer that you intend to use directly. You may not copy or transfer the Software from one computer to another nor use the Software over a network or allow any other computer to access the Software from a computer which has the Software installed on it. You may make copies of the Software as necessary for backup and archival purposes only, provided that the copyright notice is reproduced in its entirety on the backup copy. To ensure quality and prevent unauthorised distribution or copying of the Software, SOFTWARE MAGIC requires that all copies of Cortege® be registered. It is recommended that you register your copy of the Software immediately after installation; however, you may defer registration for a period of 10 days (inclusive of the date of installation). After this period has expired, you must register the Software before continuing to use it. To register the Software you must provide SOFTWARE MAGIC with the 25 character Product ID for the Software and follow the procedures set out in the documentation that accompanied the media upon which the Software is contained. SOFTWARE MAGIC will then issue you with a Registration Number to activate the Software to work on the PC that it has been installed upon. SOFTWARE MAGIC and its suppliers reserve all rights which are not specifically granted in this Agreement. 2. Other Rights and Limitations Except as otherwise provided in this Agreement, you may not copy the Software. You may not modify, adapt or translate the Software. You also agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not share, rent, lease, encumber, sublicense or lend the Software. To the fullest extent permitted by applicable law, you may, however, transfer all your rights to use the Software to another person or legal entity provided that you give written notice to SOFTWARE MAGIC of such an intention, transfer this Agreement, the Software, including all copies, updates and prior versions, to such person or entity, and that you retain no copies, including copies stored on a computer. 3.Ownership Title, ownership rights, and intellectual property rights in and to the Software and any copies thereof shall remain with SOFTWARE MAGIC at all times. There is no transfer to you of any title to or ownership of the Software and this License shall not be construed as a sale of any rights in the Software. The Software is protected by the Copyright Laws of England and Wales and international copyright treaties, as well as other intellectual property laws and treaties. You agree not to remove or alter any copyright, trademark and other proprietary notices on any copies of the Software. 4 Protection and Security You agree to use your best efforts and take all reasonable steps to safeguard the Software to ensure that no unauthorised person has access to them and that no unauthorised copy, publication, disclosure or distribution of any of the Software is made. You acknowledge that the Software contains valuable, confidential information and trade secrets, that unauthorised use and copying are harmful to SOFTWARE MAGIC and its suppliers, and that you have a confidentiality obligation as to such valuable information and trade secrets. 4 Limited Warranty In the case that you obtained the Software by media from SOFTWARE MAGIC or an authorised supplier of SOFTWARE MAGIC, SOFTWARE MAGIC warrants that the media on which the Software is recorded will be free from defects in workmanship and materials under normal use for a period of 60 days from the date of delivery to you. If the media is returned to SOFTWARE MAGIC or the supplier from which the media was obtained within 60 days of the date of delivery to you, and if SOFTWARE MAGIC determines the media to be defective and provided the media was not subject to misuse, abuse, misapplication or use in defective equipment, SOFTWARE MAGIC will replace the media, upon your return to SOFTWARE MAGIC of the Software, including all copies of any portions of them. ALL IMPLIED WARRANTIES ON THE MEDIA, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE. You acknowledge and agree that the use of the Software is at your sole risk. The Software is provided as is and without any warranty of any kind. TO THE FULLEST EXTENT PERMITTED BY LAW, SOFTWARE MAGIC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR SOFTWARE MAGIC AND ITS SUPPLIERS` BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SOFTWARE MAGIC AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL SOFTWARE MAGIC OR ITS SUPPLIERS BE LIABLE TO YOU, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF SOFTWARE MAGIC, ITS SUPPLIERS OR ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Termination Without prejudice to any other rights SOFTWARE MAGIC has, this Agreement shall automatically terminate upon failure by you to comply with its terms. You may also terminate this Agreement at any time by uninstalling and destroying the Software and all copies of it. Export Restriction You agree not to transfer, export or re-export the Software and any data or information which you obtained from SOFTWARE MAGIC or use the Software without a proper license under the laws of England and Wales, or the laws of the jurisdiction in which the Software is obtained. Governing Law and General Provisions This Agreement shall be governed and construed under by the laws of England and Wales. This Agreement is the entire agreement between the parties with respect to the Software, and supersedes any purchase order, communication, advertisement, or representation concerning the Software. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. If any provision herein is found void or unenforceable, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing and signed by an authorised officer of SOFTWARE MAGIC. U.S. Government End Users If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as Commercial Computer Software and the Government is acquiring only restricted rights in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government`s rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA supplement to the FAR.Questions on this Agreement Should you have any questions concerning this Agreement, please visit the SOFTWARE MAGIC website at www.personal-software.com. The address for any correspondence can be found in the Contact Us section of the website.
See End User License Agreement.