» version 1.48.1 - posted on 2004-06-21
EULA - End User License Agreement
Broadcast BuilderLICENCE TERMS
WARNING: THESE ARE NOT THE ENTIRE LICENCE TERMS FOR THE ACCOMPANYING SOFTWARE ("THE SOFTWARE"). PLEASE CLICK HERE TO SEE THE REST OF THE CONTRACTUAL TERMS RELATING TO THE SOFTWARE, WHICH, TOGETHER WITH THESE TERMS, FORM THE "LICENCE TERMS".
THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND MAY ONLY BE USED, TRANSMITTED OR REPRODUCED IN ACCORDANCE WITH THE LICENCE TERMS.
DO NOT INSTALL, REPRODUCE, TRANSMIT, OR USE THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED ALL OF THE LICENCE TERMS. PERMISSION TO USE THE SOFTWARE IS CONDITIONAL UPON YOU AGREEING TO THE LICENCE TERMS. INSTALLATION, REPRODUCTION, TRANSMISSION OR USE OF THE SOFTWARE BY YOU WILL BE DEEMED TO BE ACCEPTANCE OF THE LICENCE TERMS. ACCEPTANCE WILL BIND YOU TO THE LICENCE TERMS IN A LEGALLY ENFORCEABLE CONTRACT WITH Lionhardt Technologies.
IF YOU DO NOT ACCEPT THE LICENCE TERMS, DO NOT INSTALL, REPRODUCE, TRANSMIT OR USE THE SOFTWARE.
1. In the licence terms: "Agreement" means the agreement comprising the licence terms, which agreement shall come into existence when and if you accept the licence terms; "free trial period", in respect of the software, means a period of 30 days commencing when you install the software, including any further period permitted by Lionhardt Technologies; "key" means an electronic device provided to you by Lionhardt Technologies, upon receipt of the licence fee, which enables the software to operate after the free trial period has expired; "licence fee" means the licence fee relating to the software
2. Subject to the Agreement, you are granted a free of charge, non-exclusive right during the free trial period to reproduce, transmit and use locked software on as any computers as you wish, provided that such software is used for evaluation purposes only. During the free trial period the locked software will operate without a key and the software licence granted in this clause shall be revocable by Lionhardt Technologies at any time for any reason and without need to show cause. Upon expiry of the free trial period, the software licence granted in this clause will immediately terminate and the software will no longer be operational without the use of a key.
3. If you wish to use the software after the free trial period, you must pay the licence fee to Lionhardt Technologies in accordance with the instructions contained in the software. Within a reasonable time after Lionhardt Technologies receives the licence fee, Lionhardt Technologies will provide you with a key.
4. Subject to the Agreement, if you pay the licence fee, you are granted a non-exclusive right to cause a single copy of unlocked software to be executed on a single central processing unit of a single computer at any one time. Subject to the Agreement, the licence granted in this clause 4 will continue until copyright in the software expires in the jurisdiction where the software is being used for the time being.
5. The software licence extends to any documentation which accompanies the software, provided that such documentation may not be copied, modified or used in any way not contemplated or expressly authorised by the Agreement.
6. You hereby undertake the following obligations:
(a) to not copy, reproduce, transmit, translate, adapt, vary or modify the software, in whole or in part (including the part being the key), except as expressly authorised by the Agreement;
(b) to ensure your employees, sub-contractors and others who are permitted by you to have access to the software are made aware of the terms of the Agreement and abide by them;
(c) to not use unlocked software for or in connection with an outsourcing, service bureau or facilities management arrangement; and
(d) to not make unlocked software available across a computer network.
7. You acknowledge and agree that:
(a) the software is provided "as is" and is not warranted to be error free;
(b) the existence of any errors in the software shall not constitute a breach of the Agreement;
(c) the software is not warranted to be compatible or interoperable with any other software or any equipment; and
(d) Lionhardt Technologies will not be liable or responsible for any virus or other aspect of the software which interferes with the normal operation of a computer and in any case which is not intentionally introduced by Lionhardt Technologies.
8. SUBJECT TO CLAUSE 11, ALL TERMS NOT EXPRESSLY STATED IN THE AGREEMENT (INCLUDING TERMS RELATING TO THE STANDARD OR QUALITY OF THE SOFTWARE OR THE FITNESS OF THE SOFTWARE (INCLUDING LOCKED SOFTWARE AND UNLOCKED SOFTWARE) FOR A PARTICULAR PURPOSE) ARE EXCLUDED FROM THE AGREEMENT.
9. SUBJECT TO CLAUSE 11, THE MAXIMUM LIABILITY OF Lionhardt Technologies FOR ANY CLAIMS, LOSS OR DAMAGE SUFFERED OR INCURRED IN ANY WAY RELATING TO THE SOFTWARE (WHETHER REFERABLE TO BREACH OF THE AGREEMENT, NEGLIGENCE OR OTHERWISE AND INCLUDING ANY NUMBER OF CLAIMS WHICH ARISE FROM A SINGLE EVENT) WILL BE THE LICENCE FEE.
10. SUBJECT TO CLAUSE 11, Lionhardt Technologies WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES HOWEVER ARISING (WHETHER THROUGH A BREACH OF THE AGREEMENT, NEGLIGENCE OR OTHERWISE).
11. IN THE EVENT THAT ANY APPLICABLE LAW OR STATUTE IMPLIES ANY TERMS OR IMPOSES ANY LIABILITY ON Lionhardt Technologies WHICH CANNOT LAWFULLY BE EXCLUDED FROM THE AGREEMENT:
(a) SUCH TERMS ARE INCLUDED IN OR, AS THE CASE MAY REQUIRE, SUCH LIABILITY IS NOT EXCLUDED BY, THE AGREEMENT; AND
(b) THE LIABILITY OF Lionhardt Technologies FOR A BREACH OF SUCH TERMS OR, AS THE CASE MAY BE, SUCH LIABILITY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW OR STATUTE.
12. Nothing in the Agreement entitles you to support or maintenance services, updates or new releases in respect of the software. However, if Lionhardt Technologies in its absolute discretion supplies you with support or maintenance services, or updates or new releases in respect of the software, then such supply shall be subject to the
Agreement and in particular the exclusions and limitations in clauses 8, 9, 10 and 11.
13. You acknowledge and warrant that:
(a) you will acquire a key only after satisfying yourself as to the fitness of the software for the purpose to which you intend to put it;
(b) you have not relied on any representation made by Lionhardt Technologies which is not stated expressly in the Agreement or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by Lionhardt Technologies.
14. You acknowledge that:
(a) the software, including the key and all accompanying documentation, are the subject of copyright. You must not, at any time, directly or indirectly, do or cause to be done, any act which infringes that copyright and, without limiting the foregoing, you specifically acknowledge that you may not reproduce or copy the software or the key except as otherwise expressly authorised by the Agreement; and
(b) all Lionhardt Technologies trade marks, including those shown at http://www.lionhardt.com are owned by Lionhardt Technologies. You must not, at any time, directly or indirectly, do or cause to be done:
(i) anything which does or may infringe those trade marks; or
(ii) anything which does or may diminish the value of those trade marks to Lionhardt Technologies.
15. You shall fully indemnify Lionhardt Technologies against all liabilities, costs and expenses which Lionhardt Technologies may incur as a result of a breach of the provisions of the Agreement by you or permitted by you.
16.1 Lionhardt Technologies may immediately terminate the Agreement and/or immediately revoke the licence granted in clause 4 in any of the following circumstances:
(a) if you are in breach of any term of the Agreement;
(b) if you, being a corporation, become the subject of insolvency proceedings;
(c) if you, being a firm or partnership, are dissolved;
(d) if you, being a natural person, die;
(e) if you destroy the software and documentation for any reason;
(f) any circumstances not contemplated by the Agreement occur which make it reasonable for Lionhardt Technologies to terminate the Agreement; or
(g) Lionhardt Technologies gives you a notice of its intention to terminate the Agreement, and you do not, within 14 days of dispatch of that notice, communicate your intention to continue the Agreement.
16.2 Upon such termination, you must cause all remaining copies of the software (including the key and all accompanying documentation) to be destroyed or otherwise returned, disposed of or dealt with in the manner directed by Lionhardt Technologies.
16.3 Such termination shall not affect any rights or remedies which Lionhardt Technologies may otherwise have under the Agreement or at law, in equity or under statute.
17. Your rights under the Agreement shall not be dealt with in any way by you (whether by assignment, sub-licensing or otherwise) without Lionhardt Technologies's written consent.
18. Failure or neglect by either party to enforce at any time any of the provisions of the Agreement shall not be construed or deemed to be a waiver of that party's rights under the Agreement.
19. If any provision of the Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable for any reason, that provision shall be deemed deleted from the Agreement and the remainder of the Agreement shall continue to have full force and effect.
20. The Agreement shall be governed by and construed according to the law of the State of Washington, United States of America and Lionhardt Technologies and you submit to the jurisdiction of courts and tribunals exercising jurisdiction in that State.