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Copyright © 2001 Whisper Technology Limited.
All rights reserved.
Whisper Technology licenses this Software to you
only upon the condition that you
accept all of the terms contained in the License Agreement below.
If you do not
agree to all these terms, then please remove the Software from your
system.
Definitions
"Software" means all the software items
supplied including programs, dictionaries,
indexes, data files, help files, tutorial and sample programs, files,
databases,
forms and reports.
"Client Software" means that subset of
the Software installed on a user's PC.
Where applicable, "Server Software" means
that subset of the Software installed on
servers on the network.
"Registration Codes" are those codes or
keys supplied to you on purchase of a license for the Software.
The Registration Codes confirm the Software as licensed and register
the Software with your name.
Whisper Technology Limited ("Whisper Technology")
is the owner of the copyright and other rights in the Software and
is, accordingly, the licensor of the Software.
"You" are the person evaluating or acquiring
the Software, and are, accordingly,
the licensee in respect of it.
License Agreement
Prior to payment of the applicable license fees,
Whisper Technology permits you to
install and run the unregistered Software for the sole purpose of
evaluating whether
to purchase a license for the Software. This evaluation period is
limited to a maximum
period of 30 days after which you should either purchase a license
for the Software
or uninstall and delete all copies of the Software.
Subject to purchase of a license and payment of the
applicable license fees, Whisper
Technology grants you a non-exclusive, non-transferable license
to install and run
the Software. On purchase of a license for the Software, Whisper
Technology will
supply Registration Codes to confirm the Software as licensed and
to register the
Software with your name.
The Client Software may be installed and run only
on a single computer for each copy of the Software licensed.
Where applicable, the Server Software may be installed
and run on any number of servers.
Where you use a computer at work and a separate computer
at home then you may also install and run the Client Software on
the second computer at home so long as only one copy is run at a
time.
The Software may be copied for back-up or archival
purposes provided that any copies of the Software are clearly labeled
as such and include a prominent notice to the effect that Whisper
Technology is the copyright owner.
You may freely copy the evaluation Software, or upload
the Software to any newsgroup, forum, web-site, ftp server, magazine
cover disk or CD, etc., but only in its original distribution format,
as downloaded from our website, and without modification, to other
individuals for their evaluation purposes. In no circumstances may
you charge, or request donations, for any such copies.
In no circumstances may you copy or in any other
way provide any Registration Codes supplied to you by Whisper Technology
to any other person.
In the event that your Registration Codes are used
by another person or organization, then Whisper Technology reserves
the right to cancel your license and terminate this agreement. In
such circumstances, Whisper Technology reserves the right to prohibit
your use of the Software and new versions of the Software.
You shall take all reasonable precautions and measures
to protect the Software and
Registration Codes from unauthorized use, access, copying, modification,
reproduction, distribution or publication.
No title to, or ownership of, the Software is transferred
to you.
Prohibited Uses
You may not make copies of the Software and Registration
Codes except as provided
above.
You may not assign, rent, lease, lend, resell, share,
license or transfer the Software.
You may not decompile, disassemble, reverse engineer,
or otherwise modify the Software, save as provided for under local
law. Any additional information required for interoperability of
the Software has been provided in the documentation or is readily
available from Whisper Technology on request.
Termination
You may terminate this agreement at any time by discontinuing
all use of the Software and permanently uninstalling and deleting
or destroying all copies of the Software.
Whisper Technology may terminate this agreement at
any time following a breach of
this agreement and/or infringement of Whisper Technology's copyright.
Warranty
Whisper Technology warrants that the Software, when
correctly installed, will perform in substantial accordance with
the documentation provided for a period of 90 days after licensing
of the Software. Whisper Technology does not warrant that the operation
of the Software will be uninterrupted or error free.
You are entitled to download and run any new releases
or versions released during
the 90 day warranty period.
Whisper Technology's sole liability under any breach
of this Warranty is to replace
a defective copy of the Software or to refund the license fee paid
for the Software.
Subscription Program
If you purchase the Subscription Program, you are
entitled to download and run any
new releases or versions of the licensed Software released during
the described term
of the Subscription Program.
Liability
You are entirely responsible for determining the
suitability of the Software for
your purposes and for the use that you make of the Software.
Whisper Technology are not liable for any loss or
direct, indirect, special or consequential damages arising from
the use of the Software, however caused, save that provided for
under local law.
Entire Agreement
This agreement represents the entire agreement between
Whisper Technology and you and supersedes all previous agreements
or representations whether written or oral.
Trademarks
Other brands or products are trademarks or registered
trademarks of their respective
holders and should be treated as such.
Applicable Law
This agreement is subject to the laws of England.
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