» version 1.3 - posted on 2007-11-19
EULA - End User License Agreement
DVACE TM SOFTWARE LICENSE AGREEMENT
Copyright (c) 2002-7 Lumidium Limited. All rights reserved.
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE:
BY CLICKING ON THE "ACCEPT" BUTTON, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
1. GRANT OF LICENCE
1.1 This is a licence agreement ("Licence") between you (either an individual or an entity) and Lumidium (R) Limited ("Lumidium") for the DVACE TM software which includes any related materials, accompanying documentation, upgrades, updates or releases and any components provided by its suppliers to Lumidium ("Software").
1.2 This Licence permits you to "Use" (as defined below) the Software only upon the terms and conditions specified below on a limited and non-exclusive non-transferable basis:
a) in respect of the free demonstration version: on an unlimited number of computers for evaluation purposes for 28 days only (after 28 days, you will not be able to continue to access and/or use the demonstration version or any data you have created as a consequence of using the Software, unless you purchase the full version);
b) in respect of the full version single user licence on a single computer used by a single individual or in the case of the full version multi-user licence on the number of computers (including network workstations) limited to the number of users in respect of which the licence was purchased.
1.3 "Use" shall mean utilisation of the Software by copying, transmitting or loading the same into, or storing it in, the permanent memory (eg hard disk, CD-ROM or other storage device) of the relevant system for the processing of the system instructions or statements contained in such Software; and copying the Software which is in machine-readable form for your Use on the system for the purposes only of understanding the contents of such machine-readable material.
1.4 You may hire out a computer on which any licenced single-user version of the Software is installed provided you procure that the hirer agrees to and is bound by this Licence.
1.5 You may not copy the printed materials accompanying the Software, if any, or print multiple copies of any user documentation unless you have purchased the multi-user licence in which case you may make copies limited to the number of computers licenced.
2.1 The demonstration version of the Software is free.
2.2 All other versions of the Software are subject to a licence fee which is payable in advance by credit or debit card or other mode of payment acceptable to Lumidium.
3. YOUR OBLIGATIONS
3.1 You undertake:
a) not to copy the Software (other than for normal operation and as specified in clause 1 above) nor (subject to applicable law rights) without Lumidium's prior written consent to disassemble, decompile or reverse engineer the Software;
b) not to network or install the Software on computers not covered by the appropriate licenses from Lumidium;
c) not to translate, modify, lease, rent, loan, distribute, sub-lease, sub-license (including offering the Software to third parties on an applications service provider or time-sharing basis) or create derivative works from the Software;
d) to keep any reference or serial numbers secure and Lumidium is not bound to provide an alternative if they are mislaid;
e) not to disclose or use any such reference or serial numbers except insofar as is necessary for the proper Use of the Software in accordance with this Licence;
f) not to circumvent or attempt to circumvent any copy management or prevention system by any means;
g) to thoroughly test the Software in a non-critical environment before relying on it;
h) to maintain accurate and up-to-date records of the number and location of all copies of the Software;
i) to supervise and control Use of the Software in accordance with the terms of this Licence;
j) to ensure that your employees who are licensed to use the Software are notified of this Licence and the terms hereof prior to such employee, agent or party using the same;
k) to reproduce and include the copyright notice of Lumidium as it appears in or on the Software on all copies;
l) not to provide or otherwise make available non-demonstration versions of the Software to any person other than your employees who are licensed to use the Software or as may be specified herein without prior written consent from Lumidium;
m) not to display the Software on a public bulletin board, ftp site, worldwide web site, chat room or by any other unauthorised means;
n) not to use the Software for immoral, illegal or for any other purpose which may be determined threatening, abusive or harmful including but not limited to the creation or transmission of any virus, worms, trojan horse, cancelbot or any other destructive or contaminating program;
o) to frequently back up important data created as a consequence of using the Software as data not backed up might be lost whether in the event of a crash or other error or on destruction of the Software on termination or otherwise; and
p) within 7 days after the date of termination or discontinuance of this Licence for whatever reason, to destroy the Software and all copies.
4. DISCLAIMER OF WARRANTY ETC
4.1 THE SOFTWARE IS PROVIDED "AS IS".
4.2 LUMIDIUM DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS OR THAT SUCH ERRORS WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS.
4.3 Lumidium may (but is not obliged to) create new versions of the Software which may correct errors and, although Lumidium has no obligation to notify you of such upgrades, the same will be made available at the same internet site from which you downloaded the Software accompanying this licence, at such cost as shall be indicated.
5. EXCLUSIONS, LIMITATIONS AND INDEMNITY
5.1 In this section "Lumidium" includes its directors, officers, employees, subcontractors, agents and affiliated companies.
5.2 Nothing in this Licence in any way excludes or restricts Lumidium's liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or restricted. Nor does it affect consumers' statutory rights.
5.3 You acknowledge that the pricing of the Software is directly related to, and would be substantially higher in the absence of, the exclusions, limitations and indemnity in this clause 5 and that they are therefore reasonable.
5.4 LUMIDIUM SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED (INCLUDING LUMIDIUM'S OWN NEGLIGENCE) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENCE OR THE SOFTWARE.
5.5 WITHOUT PREJUDICE TO THE FOREGOING, LUMIDIUM'S TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN CONNECTION WITH THIS LICENCE OR THE SOFTWARE FOR ANY ONE EVENT OR SERIES OF RELATED EVENTS IS LIMITED TO THREE TIMES THE AMOUNT OF THE LICENCE FEE PAYABLE BY YOU.
5.6 WITHOUT PREJUDICE TO THE FOREGOING, IN NO EVENT (INCLUDING NEGLIGENCE) WILL LUMIDIUM BE LIABLE FOR ANY:
a) ECONOMIC LOSSES (INCLUDING, WITHOUT LIMIT, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS);
b) LOSS OF GOODWILL OR REPUTATION;
c) SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES; OR
d) DAMAGE TO OR LOSS OF DATA
EVEN IF LUMIDIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
5.7 LUMIDIUM EXCLUDES ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, WHETHER IMPOSED BY STATUTE OR BY LAW OR OTHERWISE, THAT ARE NOT EXPRESSLY STATED IN THIS LICENCE INCLUDING, WITHOUT LIMIT, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5.8 YOU WILL INDEMNIFY LUMIDIUM AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, COSTS (INCLUDING REASONABLE LEGAL FEES) DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF THE SOFTWARE.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Software (including but not limited to all images, animations, audio and other identifiable material relating to the Software) are and remain the sole property of Lumidium and / or its suppliers.
7.1 This Licence terminates automatically and without notice if you breach the Licence. There will be no refund of Licence fees.
8.1 This Licence represents the entire agreement of the parties relating to its subject matter. It supercedes all prior agreements, statements and representations (unless fraudulent). Each party acknowledges that is has not relied on any such statements or representations save as are expressly incorporated in this Licence.
8.2 If any part of this Licence is deemed void or ineffective for any reason, the offending words shall be deemed deleted and the remainder shall continue in full force.
8.3 This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.