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Sample End
Users License Agreement (EULA)
visual|catalogues
Enterprise - Catalogue Creation System
Copyright (c)
1999-2007 Cadking Design Ltd.
All rights reserved.
for Catalogues
intended for FREE DISTRIBUTION.
Under the terms of
this License:
PURPOSE/DEFINITION
OF THE SOFTWARE
visual|catalogues
ENTERPRISE ('the Software') is a catalogue creation and publishing
system, and includes a non-distributable data entry module,
associated databases, viewer, other modules and associated
documentation all for creating and testing catalogues
("Non-Distributable Components"), and Viewer modules,
search executables and associated documentation for distribution with
finished catalogues ("Distributable Components").
EXTENT OF LICENCE
*ENTERPRISE LICENSE*
On payment by you
of the applicable licence fee as set out in the web site
www.visualcatalogues.com, Cadking Design Ltd. (The Company) grants to
you a non-exclusive non-transferrable license to install the Software
for the purpose of creating multiple catalogues of visual information
and associated data (the Catalogues), under a single logon name on a
single computer.
***********
Please Note:
1.
visual|catalogues ENTERPRISE allows creation of MULTIPLE CATALOGUES,
that can be published, viewed and searched across from one viewer
interface, or published viewed and searched individually. The number
of Catalogues you are licenced to create with the Software depends on
the Licensed Number of Catalogues you purchase.
2. This version of
visual|catalogues allows any number of users on a local Windows
network to view the Catalogues under construction, prior to publication.
3. This version of
visual|catalogues allows multiple Concurrent Users to add data to the
Catalogues, subject to the number of Concurrent Users the software is
licensed for. The software will not allow any more than the licensed
number of Concurrent Users to add to or edit the Catalogues at one time.
4. This license
applies where the Catalogue is to be made available by you to end
users FREE OF CHARGE. You may continue to make your catalogue(s)
available to end users free of charge for as long as your license is
valid and up-to-date.
5. If you intend
to make a charge to end users to access the Catalogue, then a
different license agreement applies. Please contact the Company or
visit the web site at www.visualcatalogues.com for details of the
relevant license. ***********
*MULTIPLE
CATALOGUE LICENSES*
The number of
Catalogues that can be created and managed at one time by the
Software (Licensed Number of Catalogues) is by default two, but this
can be increased to allow you to create and manage as many catalogues
as you require. The Licensed Number of Catalogues for each
installation of the Software is displayed in the About form of the
Software data entry module. The Software will not allow you to create
or manage more than the Licensed Number of Catalogues at one time.
To increase the
Licensed Number of Catalogues, for each licensed installation of the
Software you should purchase a license for the Licensed Number of
Catalogues you require from the web site at http://www.visualcatalogues.com
On purchase you
will be provided by email with a new password to upgrade the default
two catalogue licence (or your previous Licensed Number of
Catalogues) to the number required.
*CONCURRENT USERS*
The number of
people licensed to add data to the Catalogues concurrently
(Concurrent Users) is by default one, but this can be increased to
allow as many Concurrent Users as you require. The licensed number of
Concurrent Users for each installation of the Software is displayed
in the About form of the Software data entry module.
To increase the
number of Concurrent Users, for each licensed installation of the
Software you should purchase a Concurrent Users Upgrade License from
the web site at http://www.visualcatalogues.com
On purchase of a
Concurrent Users Upgrade License you will be provided by email with a
new password to upgrade your licence (or your previous Concurrent
Users Upgrade License) to the number of Concurrent Users required. On
purchase of a Concurrent Users Upgrade License you are permitted to
install the Software on several computers on a network, under as many
User logon names as you wish. The upgraded Catalogues database will
only allow access by the number of Concurrent Users licensed at any
one time.
*LIMITATIONS ON
USE OF THE SOFTWARE*
The Software is
licensed to you. You are not permitted to use, copy, supply, assign
or transfer the Software, or any component parts of the Software, on
a temporary or permanent basis, except as expressly permitted by this Agreement.
You are not
permitted to deal in the Software in any way such as to sell, rent,
lease, sub-licence, or redistribute the Software or the
Non-Distributable Components.
In no event does
the Company authorise you to use the Software in applications where
the Software's failure to perform could reasonably be expected to
result in a physical injury, or in loss of life. Any such use by you
is entirely at your own risk, and you agree to hold the Company
harmless from claims or losses relating to such unauthorised use.
You are not
licensed to use the Software for publication of data that breaks the
publication laws of the country, state, province, county or city in
which you reside, or in which the Catalogue database is held, or in
which you distribute the Catalogue. You are not licensed to use the
Software to create Catalogues that exploit or oppress.
In the event that
in the Company’s reasonable opinion these provisions are being
contravened by you, the Company shall be entitled to terminate your
licence for the Software with immediate effect.
*CATALOGUE DISTRIBUTION*
Having purchased
the Software you may distribute and make available UNLIMITED numbers
of copies of the Catalogues including Distributable Components on
CD-ROM or other suitable media and provide access to the Catalogues
from any number of Internet web sites, using the Distributable
Components FREE of royalties or any other charge for the Catalogue.
PLEASE NOTE: Under
this License you are not permitted to sell, rent, lease, sub-licence,
or sell access to the Catalogues including the Distributable
Components. If you wish to use the Software to create Catalogues that
are for sale, rent, or lease, or sub-license (other than the cost of
handling and shipping), or wish to sell access to Catalogues on an
Internet web site, a different license agreement pertains and
Royalties may be payable by you to the Company. Contact the Company
or visit the web site at www.visualcatalogues.com for details of this license.
*BACKUPS*
You are permitted
to make as many backup copies of the directories holding your
Catalogues, as you see fit.
*UPDATES*
It is likely that
the Software will be updated from time to time. Updates may either be
free (patches or bug fixes) or for sale from the Company. For the
latest versions of the Software refer to the web site.
The Company
reserve the right to change the functionality, specifications and
features offered by the software at any time without notice and for
whatever reason.
COPYRIGHT
The copyright and
other intellectual property rights in all parts of the Software are
owned by Cadking Design Ltd.
No intellectual
property rights in respect of the Software are transferred to you.
You are not
permitted to modify, adapt, merge, translate, reverse engineer,
de-compile, disassemble or create derivative works based on the whole
or any part of the Software, or remove, change or obscure any
identification marks or notices of proprietary rights and
restrictions on or in the Software.
NO WARRANTY.
YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE AND ITS
DOCUMENTATION IS AT YOUR SOLE RISK. THE SOFTWARE,DOCUMENTATION, AND
TECHNICAL SUPPORT ARE PROVIDED WITHOUT WARRANTIES, REPRESENTATIONS OR
GUARANTEES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
ABILITY TO ACHIEVE A PARTICULAR RESULT. THE COMPANY DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE, OR OF ANY
CATALOGUE CREATED WITH THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS
AUTOHORISED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY.
Good practice in
respect of data management dictates that any program be thoroughly
tested with non-critical data before relying on it.
IT IS YOUR
EXCLUSIVE RESPONSIBILITY TO ENSURE THAT THE SOFTWARE IS SUITABLE FOR
YOUR NEEDS AND THE ENTIRE RISK AS TO ITS PERFORMANCE AND AS TO
RESULTS OBTAINED FROM ITS USE IS ASSUMED BY YOU.
This disclaimer of
warranty constitutes an essential part of this License Agreement.
LIMITATION OF LIABILITY.
To the maximum
extent permitted under applicable laws, under no circumstances,
including negligence, shall the Company, its directors, officers,
employees or agents be liable for any damages, including incidental,
special or consequential damages, (including damages for loss of
business profits, business interruption, loss of business information
and the like) arising out of the use or inability to use the Software
or the Catalogue or related documentation, by you or third parties to
whom you make the Catalogue available, even if the Company or its
authorised representative has been advised of the possibility of such
damages. You assume all risks in respect of the distribution of the
Catalogue. In the event that any exclusion of liability contained in
this Licence shall be held to be invalid for any reason and the
Company becomes liable for loss or damage that may lawfully be
limited, such liability shall be limited to the annual Licence fee
paid by you for the Software.
VIRUS CHECKING
It is recommended
that you check the systems on which the Software will operate for
computer virus(es) at least prior to publishing the Catalogue. You,
the publisher of the Catalogue, bear full responsibility for ensuring
that the Catalogue you publish is virus free. The Company shall not
be liable for any loss or damage caused as a result of any virus
affecting a user's system as a result of the access by that user to a
Catalogue created by you.
TERMINATION
This licence may
be terminated if you fail to abide by the terms of this Agreement.
Upon termination you agree to cease distribution of the Catalogue,
and destroy all copies of the Software, its component modules and
documentation, including Distributable Components and any part of the
Software stored on the hard disk of any computer under your control.
GENERAL
Failure by The
Company to enforce any particular term of this Licence Agreement
shall not be construed as a waiver of any of its rights under it. If
any part of this License Agreement is held by a court of competent
jurisdiction to be unenforceable for any reason whatsoever, the
validity of the remainder of terms will not be affected.
This License
Agreement is the complete statement of the Agreement between the
parties in respect of this version of the Software. The Company
reserves the right to change the terms of this EULA in later versions
of the Software.
GOVERNING LAW
The terms and
conditions of this Licence Agreement will be governed and construed
in accordance with Scottish law. Exclusive jurisdiction and venue for
all matters relating to this Agreement shall be in courts located in Scotland. |
