CAMeROM CD SOFTWARE LICENCE and TERMS AND CONDITIONS OF USE
BEFORE YOU INSTALL THE CAMeROM CD, YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS LICENCE. BY INSTALLING CAMeROM, 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, DO NOT INSTALL THIS PROGRAM.
When you install this software, First Dental Media Limited, company number 04595194 (the "Licensor") grants you (the "Licensee") a non-exclusive, non-transferable Licence for the accompanying software product, [CAMeROM CD], including electronic documentation and associated material (the "Software"). The Licence permits you to "Use" the Software on one computer system (the "System") f or 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 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. Notwithstanding these terms of use, the Licensee is free to use the static digitised photographs contained in the Software for its own purposes other than for resale. The Licensee agrees that the copy of the Software contained on the CD-ROM provided is the only copy provided for the purposes of maintaining a backup for the Licensee's lawful use. One (1) copy of the Software may be made for back-up provided it contains the same copyright information as the original. An internet connection is required to activate the Software with the username and password provided. Digital Rights Management systems are incorporated in the Software to prevent abuse of this Licence Agreement. An additional licence fee is payable for each CPU of each System upon which the Licensee wishes to use the Software.
2. The Software is NOT free or shareware.
3. 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 otherwise than in accordance with your statutory rights.
(b) not to translate, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works from the Software.
(c) to supervise and control Use of the Software in accordance with the terms of this Licence.
(d) 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.
(e) to reproduce and include the copyright notice of the Licensor as it appears in or on the Software on all copies.
(f) 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.
(g) not to display the Software on a public bulletin board, warez domain, ftp site, worldwide web site, chat room or by any other unauthorised means.
(h) 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.
(i) 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.
4. (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. Exclusion of warranties may not be valid in certain jurisdictions, however, the only applicable laws under which this licence may be construed are specified in clause 11 below.
(b) The Licensor may create fixes for the Software ("updates") which may correct such errors and the Licensor has no obligation to notify existing licensees of such updates, and they will be available at the website [www.dental-videos.com] from time to time.
This licence is for the current version of the [CAMeROM CD] and does not entitle the Licensee to an upgrade or later version of the [CAMeROM CD].
(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, IT’S 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).
5. 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 or are used with permission.
6. You may terminate this Licence at any time by destroying the Software, documentation and all copies. The Licence Fee is NOT refundable. 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 3(i) above.
7. The Licensor shall be under no liability to the Licensee in respect of anything which, apart from this provision, may constitute breach of this Licence arising by reason of force majeure.
8. The Licensor may by notice in writing to the Licensee terminate this Licence if the Licensee is in breach of any term, condition or provision of this Licence or required by the applicable law and fails to remedy such breach (if capable of remedy) within 30 days of having received written notice from the Licensor specifying such breach. Upon termination, the Licensee shall pay to the Licensor all costs and expenses, including legal and other fees incurred and all arrears of fees, charges or other payments arising in respect of the Software, this Licence or otherwise and shall comply with its undertaking specified in Clause 3(i) above. Termination, howsoever or whenever occasioned shall be subject to any rights and remedies the Licensor may have under this Licence or under the applicable law.
9. Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of that party's rights hereunder nor in any way affect the validity of the whole or any part of this Licence nor prejudice that party's rights to take subsequent action.
10. In the event that any of these terms and conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
11. The parties hereby agree that the Licence concluded between them and constituted on these terms and conditions shall be construed in accordance with the law of England and any disputes arising under this Licence or the software shall be determined exclusively by English Courts.
While all reasonable care has been taken in the preparation of the material included in CAMeROM, no warranty is given as to its correctness and no responsibility for loss occasioned to any person acting or refraining from action as a result of any reliance on such material can be accepted by First Dental Media Limited.
You assume responsibility for the selection of the programs to achieve intended results and for the installation, use and results obtained from the software.
