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The WaveMaker LAYOUT software, hereinafter called the "SOFTWARE," and the DESIGN and WAVEFORM software options, hereinafter called the "OPTIONS," are each supplied subject to the terms of this License Agreement, hereinafter called the "AGREEMENT." |
| (1) | On payment of the license fee and on agreement by the LICENSEE to abide by the terms and conditions of this agreement, Barnard Microsystems Limited, hereinafter called BML, grants the LICENSEE the non-exclusive right to use the SOFTWARE and all or any of the OPTIONS, each on a single computer. |
| (2) | BML retains title and ownership of the SOFTWARE and the OPTIONS regardless of the form or media in or on which the original or other copies may exist. This AGREEMENT is not a sale of the original SOFTWARE or of any of the OPTIONS. |
| (3) | The SOFTWARE and all or any of the OPTIONS may only be replicated for backing up purposes or to use the SOFTWARE or any of the OPTIONs on another computer. Only one copy of the SOFTWARE and only one copy of any of the OPTIONS may exist on a computer at any one time. |
| (4) | The User Handbooks supplied with the SOFTWARE and the OPTIONS are the subject of copyright and must not be copied in any way. |
| (5) | The LICENSEE may not distribute copies of the SOFTWARE or of any of the OPTIONS or accompanying written materials to others. |
| (6) | The LICENSEE may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the SOFTWARE or any of the OPTIONS. |
| (7) | The SOFTWARE and each of the OPTIONS is licensed only to the LICENSEE and may not be transferred to anyone on a temporary or permanent basis, without the prior written consent of BML. |
| (8) | This AGREEMENT will terminate automatically with notice from BML if the LICENSEE fails to comply with any of the provisions in this AGREEMENT. Upon termination, the LICENSEE must return all written materials and all copies of the SOFTWARE and the OPTIONS, including modified copies, if any, to BML. |
| (9) | BML, either itself, or through its authorised Representative ("the Representative") undertakes to provide free of charge software support for the SOFTWARE and any of the OPTIONS which are the subject of this AGREEMENT and any SOFTWARE and OPTIONS updates during the first year from the date of the invoice provided in respect of the grant of the license to use the SOFTWARE and all or any of the OPTIONS. In the second and subsequent years, this support and SOFTWARE and OPTIONS update facility is available for 20% of the then current software sale price on a per annum basis. |
| (10) | BML guarantees that, to the best of its knowledge, the SOFTWARE and the OPTIONS will perform as specified in the appropriate User Handbook supplied with the SOFTWARE and the OPTIONS. In the event of the SOFTWARE or all or any of the OPTIONS not performing as specified, BML will correct the SOFTWARE and the OPTIONS as soon as possible, and, if necessary, will issue free of charge an updated version of the SOFTWARE and of all or any of the OPTIONS. BML does not guarantee or make any representations regarding the use of the SOFTWARE or any of the OPTIONS or written materials in terms of correctness, accuracy, reliability, or otherwise. The entire risk as to the performance of the software is assumed by the LICENSEE. |
| This AGREEMENT shall be
governed by and interpreted according to the laws of England, and BML and the LICENSEE
agree to submit to the exclusive jurisdiction of the English Courts. This Agreement is dated the day of .................
SIGNED for and on behalf of BML in accordance with its Memorandum of
Association.
SIGNED by the LICENSEE. |
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This Agreement is made between Barnard Microsystems Limited ("BML") and SoftwareUser ("SU") SU is licensed to use one copy of software known as "WaveMaker LAYOUT" ("the software") developed by BML and in consideration of the payment by SU of the sum of £ xxx.xx plus V.A.T. at 17.5 %, BML agrees that for the period running from Day Month, Year (inclusive), it will: |
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| (1) | Provide technical support by:
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| (2) | Provide SU with at least one significantly enhanced copy of the software, together with any relevant documentation | ||||||||
| (3) | Make every reasonable effort to effect enhancements to the software suggested by SU | ||||||||
| This Agreement is dated the Day Month, Year
SIGNED for and on behalf of
Director |
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