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- VIDEOLOGIC SOFTWARE LICENSE AGREEMENT
- -------------------------------------
- LICENSE
- VideoLogic Ltd. ("VideoLogic") agrees to grant and Licensee to accept a
- non-exclusive non-transferable license to use the software and any part of
- it ("Software") contained in this product on the terms below.
-
- ACCEPTANCE
- The terms of this License are accepted by the parties on Licensee commencing
- use of the product and any requirement on Licensee to communicate acceptance
- is hereby waived.
-
- PERMITTED USE
- The Licensee is hereby authorized:
- 1. to use the Software on a single computer system ("system") and to use (but
- not copy) the operational manuals relating to the software
- 2. to modify the Software or merge it in machine readable form into another
- program, any merged program to be subject to this License
- 3. to copy the Software for back-up purposes provided no more than 3 copies
- are in existence at any one time to store the Software on the system or
- other storage unit on disk
- 4. to store the Software on the system or other storage unit on disk
-
- PROHIBITED USE
- The Licensee shall not
- 1. use copy or modify the Software save as provided herein and having
- reproduced on all copies any copyright notice of VideoLogic or its
- suppliers
- 2. provide or otherwise make available Software in any form to any person
- other than in confidence to Licensee's employees, including without
- limitation any public display or performance of the Software or any
- image, sound, musical work, or audio-visual work, or portion thereof,
- contained in or generated by the Software
- 3. remove or obscure any trademark or copyright notices
- 4. decompile disassemble or reverse engineer the Software
- 5. copy the Software operating manuals additional copies of which can be
- obtained from VideoLogic or its distributors
-
- WARRANTY
- Software is not warranted to be error free and existence of errors will not
- breach this License. Subject thereto and provided that non-compliance is not
- caused by modification or addition to Software not performed by VideoLogic
- nor by incorrect use abuse or corruption nor by use with or on incompatible
- software or hardware VideoLogic warrants Software will for 90 days from
- delivery to Licensee comply with VideoLogic's then standard specification
- and in event of breach will at its sole option either refund license fee or
- endeavor to correct Software. Save as otherwise provided all implied
- warranties conditions or terms are excluded to the fullest extent permitted
- by law. Except in respect of death or personal injury caused by VideoLogic's
- negligence VideoLogic shall not be liable to the Licensee for consequential
- or indirect loss (whether loss of profit or otherwise) costs or expenses
- whatsoever arising in connection with the supply of the Software its use or
- loss or interruption of use.
-
- INTELLECTUAL PROPERTY
- The trademarks names copyright and other intellectual property rights
- whatsoever subsisting in the Software and operating manuals (including but
- not limited to all programs compilation of command words other syntax
- contained therein) are and shall remain the sole property of VideoLogic and
- its suppliers.
-
- CONFIDENTIALITY
- All information data drawings specifications software listings source and
- object codes are proprietary and confidential and shall not be disclosed to
- any third party without VideoLogic's written consent.
-
- TERMINATION
- This License shall remain in force until terminated (without prejudice to
- any other right or remedy of VideoLogic) by written notice by VideoLogic to
- Licensee if Licensee is in breach of any provision of this License makes any
- voluntary agreement with its creditors becomes subject to petition for an
- administration order or (being an individual or a firm) becomes bankrupt or
- (being a company) goes into liquidation (otherwise than for the purposes of
- amalgamation or reconstruction) or if an encumbrancer takes possession or a
- receiver is appointed of any property or assets of Licensee. On termination
- Licensee shall forthwith return or destroy (as VideoLogic directs) Software
- all copies and modifications thereof and operating manuals and certify same
- has been done.
-
- GENERAL
- This License which shall be construed in accordance with laws of England
- shall not affect statutory rights of customers. If any provision of this
- License is invalid or unenforceable in whole or in part the validity of
- other provisions of this License and remainder of the relevant provision
- shall not be affected. Headings are for convenience only and shall not affect
- construction.
-