SSEYO LICENSE AGREEMENT IMPORTANT NOTICE: CAREFULLY READ THIS AGREEMENT BEFORE USING THE SOFTWARE WHICH ACCOMPANIES THIS LICENSE ("THE SOFTWARE"). BY USING THE SOFTWARE YOU (AN INDIVIDUAL OR LEGAL ENTITY) AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS THEN YOU ARE GRANTED NO RIGHTS IN RESPECT OF THIS SOFTWARE. A. SSEYO Limited ("SSEYO") shall at all times own all the intellectual property rights (including, without limitation, the copyright) in this copy of the Software and all other copies that you are authorised by this Agreement to make (regardless of form). B. Subject to the following terms and conditions, you are hereby granted a non-exclusive and non-transferable right to 1. Load one copy of the Software into and use it on a single computer which is under your control. 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. C. YOU MAY NOT 1. To the extent that saving, exporting or recording functions are included in the Software, except during a 30 day evaluation period commencing on the date of first use by you of any of these functions, use any of these functions without having first paid to an authorised SSEYO distributor the relevant licence fee in respect of such functions appropriate to the Software which you have licensed specified from time to time on the SSEYO website at http://www.sseyo.com ("the Web Site") or an authorised SSEYO distributor's website. In respect to each major release of the Software you are entitled to one evaluation period only, irrespective of the number of copies or downloads of the Software which you make. The saving, exporting or recording functions of the Software will be automatically disabled on expiration of the evaluation period, unless you have paid the relevant licence fee and provided the information required by the Software. 2. Use the Software for any public performance, live broadcast or time delayed live broadcast. 3. Except as expressly permitted by this Agreement, rent, lend, lease, sell, sub-licence or copy the whole or any part of the Software nor transfer or grant any rights in the Software. 4. Remove any copyright or other proprietary notices on the Software. 5. Except as expressly permitted by this Agreement modify, adapt, merge, translate or create derivative works based on, the whole or any part of the Software (except as the law may permit you to do so, notwithstanding such restrictions). 6. Except as expressly permitted by this Agreement, reverse engineer, decompile, or disassemble the Software or otherwise attempt to derive the source code of the Software, 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. 7. Distribute the Software or any part of it on a public bulletin board, ftp site, world wide web site or by any other means. D. WORKS All intellectual property rights (including, without limitation, copyright) in third party works created by or accessed by or through the Software are owned by third parties and this Agreement grants you no rights in respect of such works. SSEYO does not claim ownership of the intellectual property rights in any third party works created by the composition engine within the Software. E. TECHNICAL SUPPORT 1. If you have paid in full the relevant licence fee in respect of the Software, you are entitled to the technical support in respect of the Software set out in SSEYO's Technical Support Policy from time to time on the Web Site at http://www.sseyo.com/support/policy.html, failing which payment you shall not be entitled to any such technical support. The nature of such technical support and the manner in which it is provided shall be in the sole discretion of SSEYO. For the avoidance of doubt if no fee is payable in respect of the software you will not be entitled to any technical support. 2. SSEYO shall give notice on the Web Site of any improved version of the Software ("Upgrade") which SSEYO shall from time to time make available to its licensees. If you elect to use such Upgrade, you shall pay SSEYO or SSEYO's authorised distributor, as the case may be, the relevant licence fee for such Upgrade specified on the Web Site, and such Upgrade shall thereby become the Software and the provisions of this Agreement shall apply accordingly. You shall, on first using such Upgrade, destroy or erase all copies of the previous version of the Software. F. LIMITED WARRANTY ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITATION, SSEYO DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THOSE OF OTHER USERS OF THE SOFTWARE OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED AND SSEYSO DOES NOT MAKE ANY WARRANTIES REGARDING ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. G. LIMITATION OF LIABILITY YOU SHALL LOAD AND USE THE SOFTWARE AT YOUR OWN RISK AND IN NO EVENT SHALL SSEYO OR ITS SUPPLIERS, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, BE LIABLE FOR: a) LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA b) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, c) FOR LIABILITY TO THIRD PARTIES INCURRED BY YOU, WHETHER OR NOT SSEYO HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES OR LIABILITY AND WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT OR HOWSOEVER. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. EXCEPT IN RESPECT OF INJURY TO OR DEATH OF ANY PERSON (FOR WHICH NO LIMIT APPLIES) THE ENTIRE LIABILITY OF SSEYO UNDER IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO DAMAGES WHICH SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SSEYO IN CONSIDERATION FOR THE RIGHTS GRANTED TO YOU UNDER THIS AGREEMENT. H. GENERAL TERMS 1. You shall acquire no rights in respect of the Software other than those expressly granted by this Agreement. 2. This License is effective until terminated. Without prejudice to the generality of this clause, this Agreement shall automatically terminate on any breach by you of any term or condition of this Agreement. You may terminate this Agreement at any time by destroying or erasing all your copies of the Software. Upon termination, you shall destroy or erase all copies of the Software in your possession. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of you or SSEYO nor shall it affect the coming into force or the continuance in force of the provisions of Sections E and F above and any provision hereof which is by implication intended to come into or continue in force on or after such termination. 3. This Agreement is personal to you and you may not assign, sub-licence or otherwise transfer the benefits of nor delegate its obligations whether in whole or in part under this Agreement without the prior written consent of SSEYO. 4. This Agreement shall be governed by the English law and shall be subject to the non-exclusive jurisdiction of the English courts. 5. This Agreement constitutes the entire agreement between you and SSEYO with respect to the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to such subject matter hereof. No addition to or modification of any provision of this Agreement shall be binding upon SSEYO and you unless made by a written instrument signed by a duly authorised representative of SSEYO and you. 6. No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative. 7. Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect. 8. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 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. Copyright 1995-2001 SSEYO Ltd. All Rights Reserved. SSEYO, Koan and the SSEYO logo are either registered trademarks or trademarks of SSEYO Ltd. in the UK and/or other countries. IF YOU HAVE ANY QUESTIONS ABOUT THIS LICENCE OR THIS LIMITED WARRANTY, PLEASE WRITE TO OUR CUSTOMER SERVICE DEPARTMENT AT SSEYO LIMITED, 62/63 SUTTONS BUSINESS PARK, EARLEY, READING, RG6 1AZ, UK.