This agreement applies to all software code samples and documentation developed by Craig Tunstall and Gwyn Cole

 

LICENCE AGREEMENT FOR GWYN COLE AND CRAIG TUNSTALL (hereinafter called 'the Authors') WITH RESPECT TO DEVELOPING WMI SOLUTIONS AND RELATED MATERIALS

 

IMPORTANT  READ CAREFULLY: This Software Licence Agreement (SLA) is intended to be a legal  agreement between The Licensee (as hereinafter defined) and the Authors for the software product  identified above which includes computer software and associated media and printed materials and  many include “online” or electronic documentation (hereinafter called the “Software”) By installing  copying or otherwise using the Software the Licensee agrees to be bound by the terms of this SLA if the terms of this SLA are not agreed do not install, copy or use the Software.

 

SOFTWARE LICENCE

The Software is protected by copyright laws and other intellectual property laws and rights and the  Software is licensed not sold and no property in the Software shall pass as a result of any of the  terms of the Licence

 

1.  Definitions

In this Licence the following expression shall have the meanings as attributed to them

 

Software shall mean the software product identified above which without prejudice to the generality of the forgoing shall include computer software and associated media and printed materials and may include online or electronic documentation and upgrades.

Licensee shall mean a person individual corporation partnership body corporate or any agency or organisation of whatever nature whether incorporated or not who desires to use and does use the Software.

 

2.  In consideration of the purchase of the Software by the Licensee the Authors hereby grant to the Licensee the non exclusive right to

 

2.1  install and use the enclosed Software on its computers and other equipment to design develop and test (www.wbem.co.uk)

2.2  modify the sample source code located in the Software to design develop and test the content

2.3  reproduce and distribute the Sample Code in object code form along with any modifications made to the Sample Code PROVIDED ALWAYS THAT the Licensee complies with the  Distribution Requirements described in clause 2.4 below and for purposes of this Licence  “modifications” shall include enhancements to the functionality of the Sample Code

2.4  Copy and redistribute the Sample Code provided that the Licensee will

2.4.1  distribute the sample code only in conjunction with and as a part of its Application

2.4.2  the Application adds significant and primary functionality to the sample code

2.4.3  not use the Authors name logo or trademarks to market the Licensee Application except  with the prior written consent of the Authors

2.4.4  include a valid copyright notice on its Application and

2.4.5  fully and effectively indemnify hold harmless and defend the Authors from and against  any claims or demands of whatsoever nature that arise out of or result from the use or distribution  of the Licensees Application

2.4.6  the Authors reserve all rights not expressly granted herein

 

3.  All rights title and copyrights in and to the Software and any copies of the  Software  are owned by the Authors or its suppliers or assigns and the Licensee may not copy the  printed materials if any accompanying the Software

4.  The Licensee will not nor permit anyone to

4.1  reverse-engineer decompile or disassemble the Software

4.2   rent or lease the Software.

 

5.  The Licensee may permanently transfer all of its rights under this SLA provided it retains no copies and transfers all of the Software (including all component parts the media and  printed materials any upgrades this SLA and if applicable the Certificate of Authenticity) and the  recipient agrees to the terms of this SLA PROVIDED ALWAYS THAT if the Software is an upgrade any  transfer must include all prior versions of the Software

 

6.  Without prejudice to any other rights the Authors may terminate this SLA if the Licensee fails to comply with the terms and conditions of this SLA and in such event the Licensee  warrants that all copies of the Software and all of its component parts will be destroyed

 

7.  The Authors expressly disclaim any warranty for the Software and any related documentation are provided as is without warranty of any kind either express or implied including  without limitation the implied warranties of merchantability or fitness for a particular purpose and  the entire risk arising out of the use or performance of the Software remains with the Licensee

 

8.  In no event shall the Authors its suppliers or assigns  be liable for any damages whatsoever (including without limitation damages for loss of business profit business  interruption consequential loss or loss of business information or any other pecuniary loss or  otherwise) arising out of the use of or inability to use this software even if the Authors have been  advised of the possibility of such damages

 

9.  This Licence shall be construed in accordance with English law

 

10.  All disputes arising out of or in connection with this Licence shall be finally  settled under the Rules of Arbitration of the International Chamber of Commerce and

 

10.1  There will be one arbitrator appointed in accordance with the said Rules

10.2  The arbitration shall take place within the jurisdiction of the High Court of Justice London

10.3  The language of the arbitration shall be English