OC ROBOTICS NON-COMMERCIAL END-USER LICENSE AGREEMENT
Version 1.0, January 2011
Oliver Crispin Robotics limited (OC Robotics) owns this software and its associated documentation (“Software” as defined in 1.1). The software is offered by OC Robotics to You (or “Licensee”, as defined in 1.2) for Your use in accordance with the terms and conditions below. You should read the following terms and conditions before using the software. Your download and use of this software indicates Your acceptance of this license agreement and all terms and conditions.
OC Robotics reserves all rights not expressly granted to You herein.
“Software” means computer code (in any form) and its associated documentation made available to You by OC Robotics.
“Licensee” (or “You”) means the individual or entity that accepted and agreed to be bound by the terms and conditions of this License.
1.3. License Key
“License Key” is a software (file) or hardware (dongle) entity provided to You by OC Robotics to unlock or enable specific components of the Software.
1.4. Confidential Information
“Confidential Information” constitutes any non-public information, or information that has not been made available by OC Robotics in a public venue, including but not limited to product specifications, engineering and technical data, documentation, rules and procedures, methods, formulae, algorithms, designs, drawings and blueprints, computer software, inventions recorded in tangible form, product functionality, know-how, and services.
2. License Grant
OC Robotics hereby grants the Licensee (You) a limited, non-exclusive, non sub-licensable and non-transferrable license subject to the terms and conditions expressed in Section 1.3.
3. Terms and Conditions
3.1. Non-Commercial use
You may not use or distribute the software for commercial purposes. Commercial use includes, without limitation, any use of the Software, as part of, or in any way in connection with
(a) A product or service which is sold, offered for sale, licensed, leased, loaned or rented.
(b) Use of Software to pursue a formal qualification, certification, or designation for the Software.
You may use the Software solely for non-commercial purposes, including the use of Software to evaluate the suitability of a commercially licensed version of the Software for a commercial application.
You may copy the Software in its entirety for purposes of backups and archival storage.
You may not, and may not authorize others to
(a) Bundle, or integrate the Software with any other products or services.
(b) Disclose or distribute License Keys to any others, use unauthorized License Keys, or circumvent the key activation mechanisms contained in the Software. You agree to treat the License Keys as OC Robotics’ Confidential Information.
You may not and may not authorise others to:
(c) Decompile, disassemble, decrypt, extract, unbundle, translate, or otherwise attempt or assist others to reverse engineer any part of the Software.
(d) Modify the Software or create a derivative work of the Software in whole or in parts.
(e) Alter, remove, or cover any trademark, logo, proprietary or licensing notices, labels, or marks in or on any part of the Software.
Grant of this License is not a sale of the Software or any copy of the Software. The Software contains valuable trade secrets of OC Robotics. All worldwide ownership of and all rights, titles and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with OC Robotics. The Software is protected, among other ways, by the copyright laws and international copyright treaties. All rights not expressly granted herein are retained by OC Robotics.
3.6. Use and Disclosure of Name
You may not use the name of OC Robotics or any adaptation thereof in any publicity or advertising without prior written consent from OC Robotics in each case.
3.7. Disclaimer of Warranty
This Software and the accompanying files are licensed “as is” and without warranties as to performance or merchantability or any other warranties whether expressed or implied. No warranty of fitness for a particular purpose is offered. The entire risk as to the quality and performance of the program is with You. Should the program prove defective, You assume the cost of all necessary servicing, repair or correction.
3.8. Limitation of Liability
In no event will OC Robotics be liable to You for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by You or third parties or a failure of the program to operate with any other programs), even if OC Robotics has been advised of the possibility of such damages. If this limitation may not apply by law in Your jurisdiction, You must not continue to download or use the Software.
3.9. Maintenance and Support
OC Robotics is under no obligation to maintain or support or update the Software in any way, or to provide updates or error corrections.
OC Robotics welcomes feedback in the form of suggestions or comments about usability, utility, reliability and performance of its products, as well as for bug-fixes or enhancements for future versions of the product. In order to incorporate Your feedback, You agree to assign OC Robotics all rights, title and interests (if any) to any improvements OC Robotics makes to its products based on information derived from Your feedback, including any associated intellectual property.
3.11. Duration of License
(a) The License is granted for the period of time as encoded in the License Key. If the License Key does not impose a time restriction, the License is granted for an unlimited period of time and will remain in effect until terminated.
(b) This agreement will terminate immediately without notice from OC Robotics if You fail to comply with any of the terms and conditions of this License. Upon termination, You must destroy all copies of the Software in Your possession.
(c) You may terminate this agreement at any time by destroying all copies of the Software in Your possession.
If any part of this agreement is found void and unenforceable by a court of competent jurisdiction, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms.
Export of this Software from United Kingdom may require a specific License from the Government of United Kingdom. You may not directly or indirectly export, import or transmit the Software to any country in contravention of the laws of that country, or the laws of the United Kingdom. You understand that the import or export of the Software may be regulated by some governments due to the Software's encryption capabilities. You accept sole responsibility to ensure that Your use of the Software complies with the law.
3.14. Governing Law
This agreement shall be governed by the laws of the United Kingdom and England, as appropriate, and any disputes shall be heard in the English courts.
END OF LICENSE AGREEMENT
© 2011 Oliver Crispin Robotics Limited. All rights reserved.