LICENSE
IT IS IMPORTANT THAT YOU (THE "LICENSEE") READ THESE TERMS CAREFULLY. THESE ARE THE ONLY TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF RingtailXL. RingtailXL IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS LICENSE ARE RESERVED TO THE AUTHOR, ANGUS DUNN, OR HIS LICENSORS. RingtailXL IS LICENSED, NOT SOLD.
This License Agreement (“License”) is a legal agreement between you (either an individual or a single entity) and Angus Dunn ("the Author") for your use of RingtailXL and any associated documentation. By installing, displaying, copying, accessing or otherwise using RingtailXL, you, the Licensee, agree to be bound by the terms of this License. If you do not agree to the terms of this License Agreement, do not install display, access or use RingtailXL.
1. PROHIBITIONS
Licensee shall not:-
1.1 modify or alter the whole or any part of RingtailXL nor merge any part of it with another software product nor, save to the extent and in the circumstances permitted by law, create derivative works from, or, reverse engineer, decompile, disassemble or otherwise derive source code from RingtailXL or attempt to do any of these things;
1.2 assign rent, transfer, sell, disclose, deal in, make available or grant any rights in RingtailXL in any form to any person without the prior written consent of the Author;
1.3 remove alter, obscure, interfere with or add to any proprietary notices, labels, trade marks, names or marks on, annexed to, or contained within RingtailXL;
1.4 use RingtailXL in any manner that infringes the intellectual property or other rights of the Author or any other party; or
1.5 use RingtailXL to provide on-
2. INTELLECTUAL PROPERTY RIGHTS AND TERMINATION
Licensee acknowledges that:
2.1 all title to the copyright and all other intellectual property rights in and to RingtailXL, its accompanying documentation and any copy made by Licensee are the exclusive property of and remain with the Author and/or his licensor(s);
2.2 RingtailXL and all copies thereof are the Author's exclusive property and constitute confidential information and a valuable trade secret of the Author;
2.3 any unauthorized copying of RingtailXL, or failure to comply with any of the provisions of this License Agreement (each, a "Terminable Event"), will result in automatic termination of this License Agreement and all licenses granted under this License Agreement and Licensee must destroy all copies of RingtailXL. In the event of a breach of this License Agreement by Licensee, the Author reserves and shall have available all legal remedies.
3. LIMITED TERM OF LICENSE FOR TRIAL VERSION
This version of RingtailXL is a time limited trial and evaluation version made available to Licensee without charge and the license to use RingtailXL shall, unless it is replaced with a new copy with a later time limitation, expire on the expiry of the time limitation as set out on the Splash Screen which appears upon the loading of RingtailXL.. On the expiration of the license for the Trial Version, Licensee may be required to purchase a full license of RingtailXL to continue use.
4. NO WARRANTIES
All warranties conditions, terms and duties either expressed or implied by law and
relating to merchantability, quality, fitness and/or non-
5. LIMITATION OF LIABILITY
In no event will the Author or his suppliers be liable for loss and/or corruption of data, loss of profits, damage to goodwill, cost of cover, any pure economic, special, incidental, punitive, exemplary, consequential or indirect damages or losses and/or any business interruption, loss of business, loss of contracts, loss of opportunity and/or loss of production arising from or in connection with the use of RingtailXL, however caused. Each limitation will apply even if the Author has been advised of the possibility of such damage and shall be deemed to be repeated and apply as a separate provision for each of liability in contract, tort, breach of a statutory duty, breach of common law and/or under any other legal basis. In no event will the Author’s liability exceed the amount Licensee paid for RingtailXL. Licensee acknowledges that these limitations are necessary to allow the Author to provide RingtailXL in its evaluation version without charge.
6. MISCELLANEOUS
6.1This Agreement shall be governed by and interpreted in accordance with English law and not by the 1980 U. N. Convention on Contracts for the International Sale of Goods. If this License Agreement has been translated into a language which is not English and a dispute arises as to the meaning/ translation of any term of this License Agreement, the interpretation of the English version shall prevail. The parties agree to submit to the exclusive jurisdiction of the English Courts.
6.2 If any provision of this License Agreement is held invalid, illegal or unenforceable
by a court of competent jurisdiction, such provision shall be severed and if possible
revised to the extent necessary to cure the invalidity, illegality or non-
6.3 Any change to this License Agreement shall only be valid if it is in writing and signed by the Author and by an authorized representative of Licensee.
6.4 No failure, delay, relaxation or forbearance on the part of either party in exercising any power or right under this License Agreement shall operate as a waiver of such power or right or of any other power or right.
6.5 This License Agreement and the license granted pursuant to this License Agreement are personal to Licensee and except where permitted above Licensee shall not assign the benefit of or any interest or obligation under this License Agreement.
6.6 No person who is not a party to this License Agreement has any right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this License Agreement. The consent of any third party is not required for any variation (including any release or compromise of any liability under this License Agreement) or termination of this License Agreement.
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