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This is a legal agreement between Image Intelligence Software Ltd. and you, the distributor. You may not distribute this software if you do not agree to this agreement. All previous agreements between the parties governing this software are superseded by this agreement, save as explicitly stated below.
1.1 "Image Intelligence": this term shall mean the companies Image Intelligence Ltd. (Registered Number 1099028) and Image Intelligence Software Ltd. (Registered Number 4121971) being private companies established, registered and trading in and from the United Kingdom and being wholly owned by a private group established, registered and located within the United Kingdom with business address at Underrock Studios, Symonds Yat, Herefordshire HR9 6BN and with its main trading website at www.imint.com.
1.2 "Software": menu components owned and copyrighted by Image Intelligence Software Ltd., and all copies of these.
1.3 "Licensee": the person or entity obtaining a licence to distribute software under this licence agreement.
1.4 "Redistribution Package": a compressed collection of files comprising the Software and contained in a single ZIP file.
1.5 Language variety: Users of American English are advised that British spelling is followed so, for example, that the noun "license" is spelt "licence".
2. GRANT OF LICENCE
2.1 By obtaining in any manner the Software, the licensee agrees to this licence agreement. Under this licence agreement Image Intelligence grants the licensee a licence to distribute the Software subject to the conditions contained in this licence agreement. The Software is licensed, neither sold nor given. Each time the licensee obtains the Software, the licensee reconfirms that this licence agreement in its most recent version supersedes any previous agreement between the parties, save as explicitly stated below.
2.2 "Shareware": the Software contained in this package is for evaluation purposes only and must be purchased from Image Intelligence under a separate agreement by the end-user if the end-user wishes to continue use outside the scope of the end-user licence agreement contained in the shareware package. The redistributor, as licensee, must ensure that these conditions and obligations are clear during redistribution.
2.3 The licensee may not rent, lease, or resell the Software or any copy of it.
2.4 The licensee may not modify, add to or change the Redistribution Package in any way whatsoever.
2.5 Image Intelligence may withdraw the licence at any time and require the licensee to cease distribution and destroy all copies of the Software in its possession or under its control.
Copyright and ownership of the software subsists with Image Intelligence Software Ltd., Herefordshire, England. In purchasing a licence as defined above the licensee obtains a licence limited to using a copy of the software in the fashion described in the documentation available on our website. The licensee may not modify, reverse engineer, decompile or disassemble the software, the programme code or any part of it, or allow any such activity on the part of any third party.
4.1 All software is provided by us "as-is" and without any kind of guarantee. Purchasers are expressly reminded that no java applet works 100% of the time. To the maximum extent permitted by applicable law, Image Intelligence disclaims all representations, warranties, conditions and other terms, either express or implied, including but not limited to implied warranties and/or conditions of merchantability and fitness for a particular purpose, with regard to the software and the accompanying written material.
4.2 LIABILITY EXCLUSION. THE AUTHOR, COPYRIGHT HOLDERS AND DISTRIBUTORS OF THIS SOFTWARE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY, INTELLECTUAL OR PERSONAL LOSS) SUFFERED BY ANYONE AS A RESULT OF USING (WHERE "USE" INCLUDES, BUT IS NOT LIMITED TO, BOTH DESIGNING A WEB SITE AND VISITING A WEB SITE WHERE THE SOFTWARE IS IN USE), MODIFYING OR DISTRIBUTING THIS SOFTWARE. NO GUARANTEE OR REPRESENTATION, EITHER EXPRESS OF IMPLIED, IS MADE ABOUT THE SOFTWARE'S SUITABILITY FOR ANY PURPOSE. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIABILITY EXCLUSION, THE LIABILITY OF THE AUTHOR, COPYRIGHT HOLDERS AND DISTRIBUTORS SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SOFTWARE. THE LICENCE DOES NOT EXTEND TO USE OF THE SOFTWARE IN JURISDICTIONS WHERE LIABILITY MAY EXCEED THE PURCHASE PRICE OF THE SOFTWARE.
4.3 SOFTWARE RELIABILITY. PARTS OF THIS SOFTWARE ARE WRITTEN IN JAVA AND RELY FOR THEIR OPERATION ON JAVA INTERPRETERS PROGRAMMED BY THIRD PARTY COMPANIES OVER WHOM IMAGE INTELLIGENCE HAS NO CONTROL. JAVA TECHNOLOGY AND DERIVED PRODUCTS ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS IN WHICH THE FAILURE OF JAVA TECHNOLOGY AND DERIVED PRODUCTS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. IMAGE INTELLIGENCE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES. THE LICENSEE REPRESENTS AND WARRANTS THAT IT WILL NOT USE THE SOFTWARE FOR SUCH PURPOSES.
5. BREACH OF LICENCE AGREEMENT.
If any part of this agreement is broken by the licensee, the rights to use the Software granted in section 2 are revoked and the software and any copies possessed by the licensee must be destroyed. This does not exclude further criminal or civil proceedings against the licensee.
The conditions of the granting of licences under this agreement are covered by the laws of the United Kingdom and in particular by the Copyright, Designs and Patent Act 1988 and Schedule 5 paragraph 1 of the (United Kingdom) Value Added Tax Act, Image Intelligence Ltd. and Image Intelligence Software Ltd. being companies established, registered and trading from the United Kingdom. The place of supply of the sale of such licences, and the place of their sale, is as defined by the latter act.
7. Additional Points
Additions to this agreement may only apply as explicitly agreed and signed by both parties in writing and listed under section 8 of an extended licence agreement.