Copyright
This document, the DreamCalc Software and associated materials are the property of Big Angry Dog Ltd.
Copyright © Big Angry Dog Ltd 2003-2014. All rights reserved.
License Agreement
Summary Information
The key points of the following license agreement are:
- The Agreement is between you and Big Angry Dog Ltd.
- You are free try out the software, but...
- If you want to continue using it, you should purchase a license.
- You can make back-up copies of the software and share the set-up file with others provided you don't modify
it.
- Your license key is for your own use only, and you should not share it with others.
THE DREAMCALC SOFTWARE LICENSE AGREEMENT
The following License Terms govern your use of the accompanying DreamCalc
Software (the "Software"). Carefully read the following legal agreement (the
"Agreement"), for the license of the Software by Big Angry Dog Ltd. By installing
or distributing the Software, you, either as an individual or a single entity,
agree to be bound by and become a party to this Agreement. If you do not agree to
all the terms of the Agreement, you should not install or distribute the
Software.
USE OF THE SOFTWARE
Subject to the terms of this Agreement, Big Angry Dog Ltd grants you the right to
install the Software for purposes of evaluation. In its default state, the
Software functions in an evaluation mode (the "Evaluation Mode"), and may exhibit
reminder messages and restrict the use of certain features. If, after evaluating
the Software or the expiry of a reasonable time period to do so, you wish to
continue using the Software, you must purchase a user license (the "User
License") from Big Angry Dog Ltd or a duly authorized representative of Big Angry
Dog Ltd. If you decide not to purchase a User License, you must uninstall all
copies of the Software. The User License applies to a single computer,
workstation, terminal, or other digital electronic device (the "Device"), or to
the number of Devices explicitly prescribed by the purchase of the User License.
Where the User License is granted to you as private individual, and provided the
Software is for your private use only, Big Angry Dog Ltd grants you the right to
install and use the Software on a single portable device owned by you, such as a
laptop computer, in addition to the Device(s) prescribed by the purchase of the
User License. This additional use of the Software is expressly restricted to
private individuals, and does not apply to companies, educational institutions
and other organizations which should purchase sufficient User Licenses for their
use of the Software. On purchase of the User License, Big Angry Dog Ltd agrees to
provide you with a single unique software key (a "License Key") so that you may
disable the Evaluation Mode and use the Software without restriction. If you lose
your License Key information, in its sole discretion, Big Angry Dog Ltd may
provide you with a replacement upon request, however, you acknowledge and agree
that you are responsible for keeping your own record of your License Key and that
Big Angry Dog Ltd has no obligation to provide additional copies of License Keys
in the future. Neither the User License or your License Key may be shared with,
or transferred to, anyone else. You may make copies of the Software's set-up
application for purposes of data backup and recovery.
TERM OF AGREEMENT
This Agreement is effective for an unlimited duration unless and until earlier
terminated as set forth herein. This Agreement will terminate automatically if
you fail to comply with any of the limitations or other requirements described
herein. Upon termination or expiration of this Agreement, you must destroy all
copies of the Software. You may terminate this Agreement at any point by
destroying all copies of the Software. Big Angry Dog Ltd may terminate this
Agreement at any point by written or electronic notification.
OWNERSHIP RIGHTS
The Software is protected by copyright laws and international treaty provisions.
Big Angry Dog Ltd owns and retains all right, title and interest in and to the
Software, including all copyrights, patents, trade secret rights, trademarks and
other intellectual property rights therein. Your possession, installation, or use
of the Software does not transfer to you any title to the intellectual property
in the Software, and you will not acquire any rights to the Software except as
expressly set forth in this Agreement.
NEW VERSIONS OF THE SOFTWARE
Big Angry Dog Ltd, in its sole discretion, reserves the right to add new
features, or to provide fixes, updates and upgrades to the Software. You
acknowledge and agree that Big Angry Dog Ltd has no obligation to make available
to you any subsequent versions of the Software. You also agree that you may have
to enter into a renewed version of this Agreement, in the event that you want to
install or use a new version of the Software.
DISTRIBUTION OF THE SOFTWARE
Distribution of the Software is permitted for purposes of evaluation by
recipients, provided the Software is distributed in its original unmodified set-
up application, and all such distributed copies contain the original proprietary
notices. You may not disclose License Key information to anyone. You may not
transfer any of the rights granted to you under this Agreement and you may not
claim to have any intellectual property rights to the Software. You may not
reverse engineer, de-compile, or disassemble the Software, except to the extent
that the foregoing restriction is expressly prohibited by applicable law. You are
expressly prohibited from circumventing the Evaluation Mode or any copy
protection contained in the Software.
PARTNER ORGANIZATIONS
Big Angry Dog Ltd may allow the use of the Software in conjunction with an
authorized partner organization (an "Authorized Partner"). For information
purposes, Authorized Partners may include, but are not restricted to, educational
institutions where students study at home using their own computers. If you have
legitimately obtained a copy of the Software through your association with an
Authorized Partner, and subject to the terms of this Agreement, Big Angry Dog Ltd
additionally grants you the right to install and use the Software, without fee,
for the purposes related to your Authorized Partner (i.e. to study). This use of
the Software is permitted for a limited period of time only (the "Permitted
Time"), as agreed by Big Angry Dog Ltd with the Authorized Partner. If you wish
to continue using the Software after the expiry of the Permitted Time, you must
purchase a User License. If you do not wish to continue using the Software, you
should uninstall it. Upon expiry of the Permitted Time, the Software will revert
to Evaluation Mode in order to notify you that the Permitted Time has expired.
Failure of the Software to exhibit the Evaluation Mode will not negate your
obligation to uninstall the Software or to purchase a User Licence.
AFFILIATE SCHEMES
Big Angry Dog Ltd, in its sole discretion, may offer an affiliate scheme (the
"Affiliate Scheme") for purposes of promoting the Software. You may optionally
participate in the Affiliate Scheme in order to receive commission payments in
return for introducing new customers to the Software. The Affiliate Scheme is run
in conjunction with a third-party in order to handle sales and commission
payments, and your participation may additionally be subject to the third-party's
own terms and conditions. If you participate in the Affiliate Scheme, then you
agree that your only role in the scheme is to introduce new customers to the
Software. You are expressly prohibited from claiming that you have property
rights to the Software or from claiming that you are a re-seller of the Software.
You may promote and distribute trial versions of Software to potential customers,
however, you are expressly prohibited from giving recipients cause to believe
that because they have obtained a trial distribution of the Software from you,
that they have been granted a User License to the Software or have otherwise
obtained a right to use the Software other than for purposes of evaluation. You
may not promote or distribute the Software in association with material of a
sexual nature, material pertaining to violence or material promoting illegal
activities. You may not promote or distribute the Software using tactics which
are likely to inconvenience, annoy or offend potential customers, including
without limitation, indiscriminate bulk emailing campaigns. Big Angry Dog Ltd
reserves the right to modify your commission rate or to terminate your
participation in the Affiliate Scheme at any time for any reason. You may
withdraw from the Affiliate Scheme at any time by ceasing to promote and
distribute the Software. In the event that you have any dispute with Big Angry
Dog Ltd with regard to the Affiliate Scheme, you agree that your only recourse is
to withdraw from the Affiliate Scheme.
HIGH RISK ACTIVITIES
The Software is not fault tolerant and is not designed or intended for use in
hazardous environments requiring fail-safe performance, including without
limitation, in the operation or design of nuclear facilities, aircraft navigation
or communication systems, air traffic control, weapons systems, life-support
machines, or any other application in which the failure of the Software could
lead directly to death, personal injury, or severe physical or property damage
(collectively, "High Risk Activities"). Big Angry Dog Ltd expressly disclaims any
express or implied warranty of fitness for High Risk Activities.
DISCLAIMER
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, BIG ANGRY DOG LTD DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. YOU ASSUME
RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND
FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT
LIMITING THE FOREGOING PROVISIONS, BIG ANGRY DOG LTD MAKES NO WARRANTY THAT THE
SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT
THE SOFTWARE WILL MEET YOUR REQUIREMENTS. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BIG ANGRY DOG LTD BE
LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND
ALL OTHER DAMAGES OR LOSSES. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
GENERAL PROVISIONS
This Agreement sets forth all your rights with respect to the Software and is the
entire Agreement between the parties. This Agreement supersedes any other
communications with respect to the Software. This Agreement may not be modified
except by a written addendum issued by Big Angry Dog Ltd. No provision hereof
shall be deemed waived unless such waiver shall be in writing and signed by Big
Angry Dog Ltd. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect. In the event of a
dispute over the interpretation of this Agreement, the court should rule in
accordance with what it deems Big Angry Dog Ltd reasonably intended by this
Agreement. Paragraph headings herein are for convenience only and shall not
limit, in any way, the scope or interpretation of any provision in this
Agreement. Summary information, if present at the beginning of this Agreement, is
intended for information purposes only and does not restrict this Agreement, or
form part of this Agreement itself. This Agreement is governed by the laws of
England. You agree that this Agreement is valid when written in the English
language only.
Trademarks
DreamCalc™ and Big Angry Dog™ are trademarks of Big Angry Dog Ltd.
Windows™ is a trademark of the Microsoft Corporation. All other trademarks are the property of their
respective owners.
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