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Please
read the License Agreement
below carefully. If you agree to the terms of
the Agreement please click the Accept button to
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End
Users License Agreement
(EULA)
visual|catalogues
Lite - 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 LITE
('the Software') is a catalogue creation and
publishing system, and includes a non-distributable
data entry module, associated database, 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
*SINGLE CATALOGUE
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 a single catalogue of
visual information and associated data (the
'Catalogue'), under a single logon name on a single
computer.
***********
Please
Note:
1. This version of
visual|catalogues allows creation of a SINGLE
CATALOGUE only. If you wish to access, create, add
to or edit more than one catalogue under a single
logon name then consider purchase or upgrade to
visual|catalogues Enterprise
version.
2. This version of
visual|catalogues allows any number of users on a
local Windows network to view the Catalogue 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.**********************
*CONCURRENT
USERS*
The number of people
licensed to add data to a Catalogue 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 a
single catalogue 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 Catalogue 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 and while your license is valid you may
distribute and make available UNLIMITED numbers of
copies of the Catalogue including Distributable
Components on CD-ROM or other suitable media and
provide access to the Catalogue 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 a Catalogue
including the Distributable Components. If you wish
to use the Software to create a Catalogue that is
for sale, rent, or lease, or sub-license (other
than the cost of handling and shipping), or wish to
sell access to a catalogue 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 directory holding your
Catalogue, 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.
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