SSEYO Licence Agreement for Koan Web and Koan Plugin for Netscape IMPORTANT NOTICE: CAREFULLY READ THIS LICENCE BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU SHOULD NOT USE THE SOFTWARE. SOFTWARE LICENCE AGREEMENT A. SSEYO Limited ("SSEYO") continues to own this copy of the Software and all other copies that you are authorised by this Agreement to make. This licence gives you the non-exclusive, non-sublicensable, non-transferable right to use the Software on the following terms: B. YOU MAY 1. Use the Software, subject to the provisions below. The Software is "in use" on a computer when it is loaded into the temporary memory or installed in the permanent memory of that computer. 2. Make one (1) backup copy of the Software, provided that you reproduce all copyright and other proprietary notices on the copy and the copy is kept in your possession with the original. 3 Distribute the Software on a public bulletin board, ftp site, world wide web site, or distribute it by other means *provided* we give you written authorisation, which we may withhold for any reason. C. YOU MAY NOT 1. Rent, lend, lease, sell, transfer or grant any rights in the Software. 2. Remove any copyright or other proprietary notices on the Software. 3. Modify, alter, translate or create derivative works based on the Software (except as the law may permit you to do so, notwithstanding such restrictions). 4. Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, except as the law may permit you to do so, notwithstanding such restrictions, and you acknowledge that the Software in source code form remains a confidential trade secret of SSEYO and/or its suppliers. 5. Use this Software in a mode of operation where the Software is unattended by an operator for any purpose whatsoever, other than for personal use. 6. Use this Software for any form of public broadcast or public performance. 7. Notwithstanding that the Software does not facilitate the making of MIDI file recordings, you may not make MIDI file recordings of a SSEYO Koan piece where the original piece author has NOT authorised MIDI file recordings of their piece, or claim rights to MIDI file recordings or other recordings of a SSEYO Koan piece where the author has not relinquished such rights. D CONTENT All content accessed by or through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This Licencse gives you no rights to such content. E. LIMITED WARRANTY SSEYO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, SSEYO SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. SSEYO WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO THIS SOFTWARE. DEPENDING ON LOCAL LAW, CERTAIN LIMITATIONS CONTAINED IN THIS WARRANTY MAY NOT APPLY TO YOU OR YOU MAY HAVE OTHER RIGHTS, SO BE SURE TO CHECK. THIS WARRANTY IS GIVEN IN LIEU OF ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. F. LIMITATION OF LIABILITY NEITHER WE NOR OUR SOFTWARE SUPPLIERS, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, WILL BE LIABLE FOR (a) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR ANY SORT, SUCH AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE SOFTWARE, WHETHER OR NOT WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. G. GENERAL TERMS All rights not expressly granted to you hereunder are reserved by us. This licence is effective until terminated. Failure to comply with any provisions of this licence, will result in automatic termination of this licence and may result in legal action. SSEYO may terminate this Licence at any time by delivering notice to you and you may terminate this Licence at any time by destroying or erasing your copy of the Software. Upon termination, you agree to destroy all copies of the Software in your possession. In the event of termination, the following sections of this Licence will survive: C7,D,E and F. This Licence is personal to you and you agree not to assign your rights herein. Title, ownership rights, and intellectual property rights in and to the Software shall remain in SSEYO and/or its suppliers. You agree to abide by international copyright law. The Software is provided with restricted rights. Any use, duplication or disclosure by the U.S. Government or any agency thereof is subject to restriction as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 48 CFR 252-227-7013 and in subdivision (b)(3)(ii) of The Rights in Technical Data and Computer Software clause at FAR 52.227- 7013. Similarly, any use, duplication or disclosure by any other government is subject to similar restrictions under local law. - In the event of any conflict between any provision of this Agreement and any applicable law, the provision or provisions of this Agreement affected shall be modified to remove such conflict and permit compliance with such law, and as so modified this Agreement shall continue in full force and effect. - This Agreement shall be governed by the English law and shall be subject to the exclusive jurisdiction of the English courts without reference to conflicts of laws principles. This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes any communications, advertising or representations concerning the Software and may not be modified other than by an instrument in writing signed by both parties. NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A PERSON DEALING WITH SSEYO AS A CONSUMER AS DEFINED IN THE UNFAIR CONTRACT TERMS ACT 1977. SSEYO, Koan and the SSEYO logo are registered trademarks of SSEYO Limited in the UK and trademarks of SSEYO Limited in other countries. Netscape is a trademark of Netscape Communications Corporation. IF YOU HAVE ANY QUESTIONS ABOUT THIS LICENCE OR THIS LIMITED WARRANTY, PLEASE WRITE TO OUR CUSTOMER SERVICE DEPARTMENT AT SSEYO LIMITED, PYRAMID HOUSE, EASTHAMPSTEAD ROAD, BRACKNELL, BERKS RG12 1YW, UK. Copyright (C) 1996 SSEYO Limited. All rights reserved.