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 Visual Exemplars Ltd and it supersedes any prior proposal
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
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 Visual Exemplars Ltd. 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. Visual Exemplars Ltd's Rights. You acknowledge and agree
that the Software and Documentation (the "Licensed
Products") are proprietary products of Visual Exemplars Ltd
under international copyright law and disclosed to you
by Visual Exemplars Ltd in confidence. You shall take all reasonable
steps to safeguard the Licensed Products. Visual Exemplars Ltd
owns and will retain all copyright, trademark, trade
secret and other proprietary 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
Visual Exemplars Ltd shall be entitled to all remedies in accordance
with applicable law.
3. Limited Warranty. Visual Exemplars Ltd warrants that for
your benefit alone, for ninety (90) 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 the remainder of the original warranty
period or thirty (30) days from the date of receipt
by you, whichever is longer. 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, Visual Exemplars Ltd disclaims
any and all other warranties, express or implied, including
any implied warranties of merchantability or fitness
for particular purpose. Visual Exemplars Ltd 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.
Visual Exemplars Ltd 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.
Visual Exemplars Ltd 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 Visual Exemplars Ltd.
5. Exclusive Remedies. You agree that if, during the
Warranty Period, a defect in the Software media appears,
your exclusive remedy will be, in Visual Exemplars Ltd's sole
option, to replace the media, to credit the amounts
paid by you to Visual Exemplars Ltd, if any, and terminate
this License. This remedy is subject to the return of
all copies of the Licensed Products.
6. Limitations of Liability. In no event shall Visual Exemplars Ltd
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 Visual Exemplars Ltd has been advised of the possibility
of such loss or damages. Visual Exemplars Ltd 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.
7. General. This agreement shall be governed by the
laws of Scotland.