BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT AND DOWNLOAD THE SOFTWARE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE. BY CLICKING ON THE "ACCEPT" BUTTON AND BY DOWNLOADING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING THE LICENSEE TO THIS LICENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENCE, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT DOWNLOAD OR USE THE SOFTWARE.
When you "click" the "Accept" button OXFORD BROOKES UNIVERSITY a higher education institution of Gipsy Lane Campus, Headington, Oxford OX3 0BP England (the "Licensor") grants to you (the "Licensee") a royalty-free, non-exclusive, non-transferable Licence for the accompanying software product, “ALE”, including (if applicable) electronic documentation and associated material (the "Software"). The Licence permits you to "Use" (as hereinafter defined) the Software on a single computer system (the "System") for single use only upon the terms and subject to the conditions contained herein. The Software may NOT be transferred electronically from one computer to another nor used over a network.
1. In this Licence "Use" shall mean and include utilisation of the Software only for academic and research purposes by copying, transmitting or loading the same into the permanent memory (e.g. hard disk, CD-ROM or other storage device) of the System for the processing of the System instructions or statements contained in such Software; and copying the Software which is in machine-readable form for Use by the Licensee on the System for the purposes only of understanding the contents of such machine-readable material. One (1) copy of the Software may be made for back-up and one (1) copy for disaster recovery provided they contain the same copyright information as the original.
2. Upon accepting this Licence you undertake:
(a) not to copy the Software (other than for normal operation and as specified in Clause 1 above) nor (subject to applicable law rights) to disassemble, decompile or reverse engineer the Software.
(b) not to translate, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works from the Software.
(c) to maintain accurate and up-to-date records of the number and location of all copies of the Software.
(d) to supervise and control Use of the Software in accordance with the terms of this Licence.
(e) to ensure that your employees, agents and other parties who will Use the Software are notified of this Licence and the terms hereof prior to such employee, agent or party using the same.
(f) to reproduce and include the copyright notice of the Licensor as it appears in or on the Software on all copies.
(g) not to provide or otherwise make available the Software to any person other than your employees or as specified herein without prior written consent from the Licensor.
(h) not to display the Software on a public bulletin board, ftp site, worldwide web site, chat room or by any other unauthorised means.
(i) not to use the Software for immoral, illegal or for any other purpose which may be determined threatening, abusive or harmful including but not limited to the creation or transmission of any virus, worms, trojan horse, cancelbot or any other destructive or contaminating program.
(j) within 14 days after the date of termination or discontinuance of this Licence for whatever reason, to destroy the Software and all upgrades or copies.
3. (a) THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED AND THE LICENSEE IS SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS.
(b) The Licensor may create new versions of the Software ("upgrades") which may correct such errors and although the Licensor has no obligation to notify existing licensees of such upgrades, the same will be made available at the same Internet site as the licensee downloaded the Software accompanying this licence, at such cost as shall be indicated.
(c) THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENCE, THE SOFTWARE, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW.
(d) NOTWITHSTANDING THE GENERALITY OF (c) ABOVE, THE LICENSOR EXPRESSLY EXCLUDES LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE HOWSOEVER CAUSED EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(e) IN THE EVENT THE LICENSOR INCURS ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS LIMITED TO THE LICENCE FEE PAID BY THE LICENSEE FOR THE SOFTWARE (EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM THE LICENSOR'S NEGLIGENCE).
4. All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Software (including but not limited to all images, animations, audio and other identifiable material relating to the Software) are and remain the sole property of the Licensor.
5. You may terminate this Licence at any time by destroying the Software, documentation and all copies. The Licensor may terminate this Licence at any time if you are found in breach of any of these terms. If you are notified of such termination, you must comply with the provisions of clause 2(j) above.
6. The parties hereby agree that this Licence shall be construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of English law and in terms of the enforceability of this Licence, this Licence shall be deemed "in writing" and "accepted" by both parties.
ACCEPT DO NOT ACCEPT
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