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Please read the terms and conditions of this license
agreement (the "License") before installing the
computer software (the "Software"). By installing
the Software you accept and agree to the terms of
this License. This License constitutes the entire
agreement concerning the Software between you (the
Named User i.e. the person assigned to the license
at purchase) and ORC and it supersedes any prior
proposal or representation.
The term "Software" includes, and these terms and
conditions also apply to, any updates modifications,
upgrades to the Software that you may receive from
time to time.
The term “Intellectual Property” means any patent,
copyright, registered design, unregistered design
right, trade mark or other industrial or
intellectual property owned or used by ORC together
with any current applications for any registrable
items of the foregoing.
1. License Grant. This License permits you to
use as many copies of the Software installing one
copy per computer that is used by you, the license
holder. The enclosed documentation ("Documentation")
may not be copied. You agree that you will not
sublicense, assign, transfer, pledge, lease, rent or
share your rights under this License except with
prior written permission from ORC. You agree that
you will not modify, adapt, disassemble, decompile,
reverse engineer, translate or otherwise attempt to
discover the source code of the Software.
2. ORC’s Rights. You acknowledge and agree
that the Software and Documentation (the "Licensed
Products") are proprietary products of ORC under
international copyright law and disclosed to you by
ORC in confidence. You shall take all reasonable
steps to safeguard the Licensed Products. ORC owns
and will retain all Intellectual Property rights in
and to the Licensed Products. This License conveys
to you only a non-exclusive and limited right of
use, revocable in accordance with the terms and
conditions of this License. In the event that you
fail to comply with any terms and/or conditions
hereof, this License shall terminate automatically
and ORC shall be entitled to all remedies in
accordance with applicable law.
3. Limited Warranty. ORC warrants that for
your benefit alone, for thirty (30) days from the
day of delivery to you (the "Warranty Period") the
Software media, under normal use in a compatible
execution environment, will be free from defects in
material and workmanship. Any replacement program
will be warranted for thirty (30) days from the date
of receipt by you. In no event may you bring any
claim, action or proceeding arising out of the
warranty set forth in this Article 3 more than six
(6) months after the date on which the breach of
warranty occurred.
4. Exceptions to Warranties; Disclaimers.
Except for the above express limited warranty, ORC
disclaims any and all other warranties, express or
implied, including any implied warranties of
merchantability or fitness for particular purpose.
ORC does not warrant that the Software, its use,
operation or your ability to use the Software will
be uninterrupted or error-free or that all Software
errors will be corrected. The warranty set forth
above shall not apply to any defect or problems
caused by any defect in any hardware or software
used in combination with the Software, or use of the
Software in execution environments not specified in
the Documentation. ORC does not warrant that the
Software or service will meet your requirements or
that the operation of the Software will be
uninterrupted or error free. ORC’s limited warranty
is void if a breach of the warranty has resulted
from (i) accident, corruption or misuse of the
Software; or (ii) acts or omissions by someone other
than ORC.
5. Exclusive Remedies. You agree that if,
during the Warranty Period, a defect in the Software
media appears, your exclusive remedy will be, at
ORC's sole option, replacement of the media, or
credit for the amounts paid by you to ORC, if any,
or termination of this License. These remedies are
subject to the return of all copies of the Licensed
Products.
6. Intellectual Property. You accept
that:
-
you are only permitted to
use the Intellectual Property for the purposes of
and during the term of this Licence and only as
authorised by ORC hereunder;
-
you shall not seek to
register any Intellectual Property without ORC’s
express consent;
-
save solely for the
purposes expressly permitted by and in accordance
with s. 296A(1) CDPA 1988 or s. 50B(2) CDPA 1988 you
may not copy adapt or reverse compile the whole or
any part of the Licensed Products;
-
you may not assign
transfer sell lease rent charge or otherwise deal in
or encumber the Licensed Products or use the
Licensed Products on behalf of any third party or
make available the same to any third party;
-
you shall not use any
trade marks, trade names or get-up which resemble
ORC’s trade marks, trade names or get-up and which
would therefore be likely to confuse or mislead the
public or any section of the public;
-
you shall not remove,
alter or otherwise tamper with any trade marks,
trade names, logos, numbers or other means of
identification on the Licensed Products which come
into your possession, custody or control; and
-
you shall not do or omit
to do, or authorise any third party to do or to omit
to do, anything which could invalidate or be
inconsistent with the Intellectual Property.
7. Limitations
of Liability. In no event shall ORC be liable for
any damages to you or any other party whether
arising out of contract or from tort including loss
of data, profits or business or other special,
incidental, exemplary or consequential damages, even
if ORC has been advised of the possibility of such
loss or damages. ORC’s cumulative liability shall
not exceed the license fee paid, if any, for use of
this Software and Documentation. This section shall
survive termination of this License.
8. General.
This agreement shall be governed by the laws of England. |