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Software License Agreement

Software Licence Agreement ("Agreement")

Please read the following Agreement carefully. You must agree with the terms stated in the Agreement before downloading, installing or using this software (the "Software Product").

This is a legal agreement between you the customer ("You") and Gawne Cain Research Ltd ("GCRL"). Carefully read the following terms and conditions before downloading, installing or using the Software Product. By downloading, installing or using the Software Product You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree with these terms, do not download, install or use this Software Product.

1. Licence to Use.

GCRL grants You a non-exclusive and non-transferable licence ("Licence") to use the Software Product.

If the Software Product or its accompanying documentation is marked as 'Educational' or 'Evaluation' then You may not use the Software Product for any commercial purpose.

If the Software Product or its accompanying documentation is marked as having an 'Expiry Date' then You may not use the Software Product after the Expiry Date.

This Licence does not grant the right to distribute any form of the Software Product with or without other software.

2. Restrictions. The Software Product is copyrighted and title to all copies is retained by GCRL and its licensors. The Software Product is licensed to You for use under the terms of this Agreement. This Licence is not a sale. Unauthorized copying of the Software Product, or failure to comply with the restrictions below, will result in automatic termination of the Licence and will make available to GCRL other legal remedies.

You May:

a) Make one (1) copy of the Software Product on single computer owned by You.

b) Make a one-time transfer of the Software Product to a different computer owned by You provided that all the Software Product is moved and all parts of the Software Product are removed from the original computer.

c) Make copies of the Software Product on multiple computers owned by You provided that you have legally purchased a "Site License" for the Software Product and that all the computers are within a single Local Area Network and within a single building or group of buildings at the same postal address and that the total number of computers containing a copy of the Software Product never exceeds the maximum number of copies specified in your Site License.

d) Make copies of the Software Product on multiple computers owned by You provided that you have legally purchased a "Corporate License" for the Software Product and that the total number of computers containing a copy of the Software Product never exceeds the maximum number of copies specified in your Corporate License.

You May Not:

a) Make copies of the Software Product or documentation except for the copy or copies explicitly permitted in this Agreement.

b) Distribute any form of the Software Product with or without other software.

c) Loan, rent, sell, sublicense or otherwise transfer the Software Product and/or documentation to third parties.

d) Modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

e) Remove any proprietary notices, labels or marks on the Software Product of GCRL or its licensors.

f) Export or re-export, whether directly or indirectly, the Software Product.

g) Publicise any benchmarks or performance results on the Software Product without explicit written permission from GCRL, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

3. Updates/Upgrades. If the Software Product is labelled or otherwise identified by GCRL as an 'update' or 'upgrade', You must be properly licensed to use a product identified by GCRL as being eligible for the update/upgrade in order to use the Software Product. You may use the resulting updated/upgraded product only in accordance with the terms of this Agreement.

4. The Software Product may include a function that automatically reports the copies that are made of the Software Product to GCRL. GCRL may use the reported information to determine whether or not the Software Product is being used in accordance with the terms of this agreement. GCRL will not use the reported information for any other purpose.

5. No Warranty. You acknowledge that the Software Product may contain bugs, errors and other problems that could cause systems failures. Consequently, the Software Product is provided "AS IS", without a warranty of any kind.

6. Disclaimer of Warranty. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO FULLEST EXTENT PERMITTED BY LAW. GCRL DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

7. Limitation of Liability. IN NO EVENT WILL GCRL BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED.

8. Confidentiality. The Software Product is confidential and proprietary information of GCRL and/or its licensors. You agree to take adequate steps to protect the Software Product from unauthorized disclosure, copying or use.

9. Termination. This Licence is effective until terminated. You may terminate this Licence by destroying all copies of the Software Product including accompanying documentation. This Licence will terminate immediately without notice from GCRL if You fail to comply with any provision of this Licence. Upon termination, You must destroy all copies of the Software Product including accompanying documentation.

10. Governing Law. This Licence is made under and will be governed by the laws of England. If any part of this contract is found to be void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

11. Entire Agreement. This Agreement between You and GCRL is the entire agreement between You and GCRL relating in any way to the Software Product. This Agreement supersedes any proposal or prior agreement, oral or written and any other communication relating to the subject matter of this Agreement. No variation of the terms of this Agreement or different terms will be enforceable against GCRL unless GCRL gives its express consent, including an express waiver of the terms of this Agreement, signed in writing by an officer of GCRL.

Do you accept this agreement?

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