ACORN LICENCE AGREEMENT ----------------------- 1. Definitions The following expressions have the meanings given here: "Acorn" means Acorn Computers Limited, being either owner of all intellectual property rights in the Software, or having the right to grant licences for the use of the Software. "Network Computer" means any computer which utilises any version of NC OS. "UNIX Server" means any networked computer which utilises any version of UNIX as its operating system. UNIX includes all vendor-specific operating systems which conform to the POSIX standard, and such freeware operating systems which aim towards POSIX compliance while providing support for UNIX-like properties such as union filesystems, multitasking via timeslicing of protected user processes each running on a secure virtual machine, multiple command line shells, multiple users, X Windows etc. Computers running Microsoft Windows (3.x, 9x or NT) are specifically excluded from this definition. "Documentation" means the printed user documentation supplied for use with the Software, whether supplied separately or with this pack "Software" means the programs contained in object-code form on the disc(s), CD-ROM(s) or other media supplied in this product, or transferred over the Internet on purchase of this licence. "Site" means (i) for an individual, the individual's place of residence at any one time (ii) for a business or institution not covered by (iii) any single postal address occupied by such organisation; and (iii) for a primary or secondary educational establishment, all postal addresses occupied by that establishment. 2. Licence Grant, Conditions and Restrictions (a) Acorn grants you a non-exclusive, worldwide (subject to export controls), non-transferrable, royalty free licence to:- (i) use the Software on Network Computers located solely at the Site; (ii) copy the Software to UNIX Servers to support its use on Network Computers located at the Site; (iii) take one copy of the Software for backup purposes so as to support its use on Network Computers located at the Site; (b) You must ensure that the copyright, trademark and other protective notices contained in the Software are maintained and not altered or removed and that all such notices are reproduced and included in any copy of the Software. (c) Except as authorised above or expressly permitted by statute you may not: copy all or part of the Software; incorporate all (or any part of) the Software into other programs developed or used by you; reverse engineer, decompile or disassemble the Software; make the Software and/or Documentation available, or permit its redistribution, for use away from the Site; rent, lease, gift , loan, sell, distribute or transfer possession of the Software and/or the Documentation in whole or in part; copy the Documentation. 3. Termination This licence is effective until terminated. You may terminate the licence by destroying the Software (and all copies thereof) and the Documentation. This licence will terminate automatically without notice if you fail to comply with any of its provisions. Upon termination you must destroy the Software (and all copies thereof) and the Documentation. 4. Limited Warranty and Disclaimer (a) Acorn warrants that the media upon which the Software is supplied are free from defects under normal use for a period of ninety (90) days from the date of purchase, as evidenced by a copy of your receipt. (b) The Software and the Documentation are supplied "as is" and Acorn expressly disclaims all warranties, express or implied, including (but not limited to) warranties of merchantability, fitness for a particular purpose, and non-infringement. (c) In no circumstances will Acorn be liable for any direct, indirect, consequential, or incidental damage (including loss of profits, business interruption and loss of data) arising out of the use or the inability to use the Software or the Documentation, even if Acorn (or any third party which distributes the Software on its behalf) has been advised of the possibility of such damage. 5. General (a) This licence will be governed by the laws of England. (b) The above terms and conditions supercede any prior agreement, oral or written, between you and Acorn relating to the Software and/or the Documentation.