Optimumcut-1D Professional distribution permissions and end-user license agreement

OPTIMUMCUT-1D.
SOFTWARE LICENCE AGREEMENT.
UNITED KINGDOM.

IMPORTANT, PLEASE READ THIS FIRST. THIS IS A LICENCE AGREEMENT.

OPTIMUMCUT IS WILLING TO LICENCE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF
THE TERMS CONTAINED IN THIS LICENCE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE LICENCE TERMS INCLUDED HEREWITH ("AGREEMENT").

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SELECTING THE "YES" BUTTON AT THE BOTTOM OF THE SOFTWARE
INSTALLATION PAGE. PLEASE USE THE SCROLL BAR ON THE RIGHT TO READ THE REST OF THIS AGREEMENT. YOU MAY PRINT THIS AGREEMENT
BY SELECTING "PRINT" ABOVE. BY SELECTING THE "YES" BUTTON, YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS OF THE LICENCE
AGREEMENT AND THE SOFTWARE WILL BE INSTALLED.

IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT AND YOU DO NOT AGREE TO ALL OF ITS TERMS AND CONDITIONS, SELECT "NO" --
WHICH WILL CANCEL THE LOADING OF THE SOFTWARE -- AND, WITHIN THIRTY (30) DAYS, RETURN THIS SOFTWARE, THE SOFTWARE PACKAGE
AND ALL OTHER ITEMS IN THE PACKAGE WITH DATED PROOF OF PURCHASE TO THE LOCATION WHERE YOU ACQUIRED IT FOR A FULL REFUND.
YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE LICENCE TERMS SET FORTH HEREIN.

COPYING OF THIS COMPUTER PROGRAM OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS LICENCE IS COPYRIGHT INFRINGEMENT
UNDER THE LAWS OF THE UK. IF YOU COPY THIS COMPUTER PROGRAM WITHOUT PERMISSION OF OPTIMUMCUT, YOU ARE VIOLATING THE LAW.
YOU MAY BE LIABLE TO OPTIMUMCUT FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.

OPTIMUMCUT-1D - PRODUCT LICENSE INFORMATION
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
USE OF THE OPTIMUMCUT-1D SOFTWARE PROVIDED WITH THIS
AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF
THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER`S USE
OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH
THE TERMS OF THIS AGREEMENT.


1. LICENSE GRANT.
OPTIMUMCUT grants you a license to use
this version of the OPTIMUMCUT-1D software program
(the "SOFTWARE") on any computer as long as the terms of this
license agreement are respected. "You" means the company,
entity, or individual installing or using the SOFTWARE. "Use"
means storing, loading, installing, executing, or displaying
the SOFTWARE. You may not modify the SOFTWARE or disable any
licensing or control features of the SOFTWARE except as an
intended part of the SOFTWARE`s programming features. When you
first install a copy of the SOFTWARE, you are granted an
evaluation period of not more than 30 days, after which time
you must pay for the SOFTWARE according to the terms and
prices discussed in the SOFTWARE`s documentation, or you must
remove the SOFTWARE from your computer. This license is not
transferable to any other hardware product or other company,
entity, or individual.


2. OWNERSHIP.
The SOFTWARE is owned and copyrighted by OPTIMUMCUT.
Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in
the SOFTWARE.


3. COPYRIGHT.
The SOFTWARE is protected by the Laws Of The United Kingdom, copyright law and international treaty provisions.
You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you.
You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of
OPTIMUMCUT and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license.
You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.


4. UNAUTHORIZED USE.
You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer
the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic
termination of this license.

5. BUNDLING.
In no case may the SOFTWARE be bundled with a hardware or software product without written permission from OPTIMUMCUT.


6. DISTRIBUTION.
Provided that you verify that you are distributing the Freeware or Trial version of the SOFTWARE, you can see this
information in the About box when you run the software, you are hereby licensed to make as many copies of the
Freeware / Trial package of the SOFTWARE as you wish; give exact copies of the original Freeware/trial package of the
SOFTWARE to anyone; and distribute the Freeware / Trial package of the SOFTWARE in its unmodified form via electronic means
(Internet, BBS`s, Shareware distribution libraries, CD-ROMs, etc). You may charge a distribution fee for the package,
but you must not represent in any way that you are selling the software itself.

Distribution of the commercial version (i.e. purchased version) is forbidden.
Permission to distribute the SOFTWARE is not transferable, assignable, saleable, or franchisable.
Each entity wishing to distribute the package must independently satisfy the terms of the distribution license.

7. LIMITED WARRANTY.
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. OPTIMUMCUT DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE,
WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NEITHER OPTIMUMCUT NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF
THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE SUCH SOFTWARE, EVEN IF OPTIMUMCUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO OPTIMUMCUT.

8. SEVERABILITY.
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect
the validity of the remaining portions of this license.

9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL OPTIMUMCUT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES
OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF OPTIMUMCUT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OPTIMUMCUT SOFTWARE`S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT,
OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

10. INSPECTION AND TESTING.
You agree and acknowledge that you will thoroughly inspect and test the SOFTWARE for all of your purposes upon commencement
of your use. Any suit or other legal action, claim, or any arbitration relating in any way to this agreement or software covered by it must be officially filed or officially commenced no later than 90 days after your first use of the software.

11. ENTIRE AGREEMENT.
This is the entire agreement between you and OPTIMUMCUT, which supersedes any prior agreement or understanding,
whether written or oral, relating to the subject matter of this license.

12. RESERVED RIGHTS.
All rights not expressly granted here are reserved to OPTIMUMCUT.

13. GENERAL.

A. This licence shall terminate without further notice or action by OPTIMUMCUT if you, the licensee, become bankrupt,
make an arrangement with your creditors or go into liquidation.

B. This Agreement shall not be governed by the UN Convention on Contracts for the Sale of Goods.
This Agreement shall be governed by the laws of the UK. This Agreement is the entire agreement between us and supersedes
any other communications or advertising with respect to the Software and Documentation. If you have any questions,
please contact your Authorised OPTIMUMCUT-1D Reseller.

C. If any provision of these licence conditions is found to be invalid or otherwise unenforceable, the further
conditions of this license will remain fully effective and the parties will be bound by obligations which approximate,
as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or
unenforceable.

(Extract From OPTIMUMCUT-1D End User License Agreement)
6. DISTRIBUTION.
Provided that you verify that you are distributing the Freeware or Trial version of the SOFTWARE, you can see this
information in the About box when you run the software, you are hereby licensed to make as many copies of the
Freeware / Trial package of the SOFTWARE as you wish; give exact copies of the original Freeware/trial package of the
SOFTWARE to anyone; and distribute the Freeware / Trial package of the SOFTWARE in its unmodified form via electronic means
(Internet, BBS`s, Shareware distribution libraries, CD-ROMs, etc). You may charge a distribution fee for the package,
but you must not represent in any way that you are selling the software itself.

Distribution of the commercial version (i.e. purchased version) is forbidden.
Permission to distribute the SOFTWARE is not transferable, assignable, saleable, or franchisable.
Each entity wishing to distribute the package must independently satisfy the terms of the distribution license.

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